Colorado Landscaping Licensing Law

Colorado Code · 424 sections

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

C.R.S. § 10-3-232

10-3-232. Liens for certain purposes permitted. For the purposes of section 10-3-216, the existence of any lien existing by law, for the payment of any bonds, indebtedness, or assessments of, or created by a levy of, any special improvement district, any tunnel district, any conservation district, any irrigation district, any other district or territory, any municipality or quasi-municipality, or any state in which any real estate is situated, or by the United States, shall not prevent mortgages, trust deeds, or other encumbrances upon such real estate, if otherwise first liens, from being admitted assets of domestic insurance companies, if the property securing such mortgage, deed of trust, or other encumbrance is not delinquent in the payment of any installment or interest upon any such bonds, indebtedness, or assessments at the time such real estate loan is made.

Source: L. 69: p. 498, � 5. C.R.S. 1963: � 72-2-39.

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. § 10-4-302

10-4-302. Release of surety - other security. Any surety upon the bond of any state, county, municipal, judicial district, irrigation district, or court officer shall be released from further liability as such surety for such officer by filing, with the person having authority to approve said bond or with whom said bond is directed to be filed, a notice that said surety is unwilling to continue to be surety for such officer. When any such notice is filed, written notice thereof shall immediately be given to such officer, who shall thereupon file other security to be approved as provided by law. If such officer, within ten days after the service of such notice upon him, does not file such bond to be approved, the office shall become vacant, and the vacancy shall be filled in the manner provided by law. If a new bond is given by any officer, as provided, the former surety shall be entirely released and discharged from all liability incurred by such officer from and after the time of giving of such notice, and the sureties to the new bond shall be liable therefor as provided in such bond.

Source: L. 79: Entire part R&RE, p. 361, � 7, effective July 1.


Editor's note: This section is similar to former � 10-4-322 as it existed prior to

1979.

C.R.S. § 11-7-100

11-7-100.3 to 11-7-112. (Repealed)

Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.

ARTICLE 8

Property - Sales - Borrowing - Signature Guaranty

11-8-101 to 11-8-106. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.

ARTICLE 9

Safe Deposit and Safekeeping Facilities

11-9-101 to 11-9-107. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.

ARTICLE 10

Fiduciary Business

11-10-101 to 11-10-107. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.

ARTICLE 10.5

Public Deposit Protection

Editor's note: (1)  This article was added in 1975. This article was repealed

and reenacted in 1989, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1989, 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.

(2)  Current provisions concerning the Colorado Banking Code are located

in articles 101 to 109 of this title 11.

11-10.5-101.  Short title. This article shall be known and may be cited as the

Public Deposit Protection Act.

Source: L. 89: Entire article R&RE, p. 593, � 1, effective September 1.


Editor's note: This section is similar to former � 11-10.5-101 as it existed prior

to 1989.

11-10.5-102.  Legislative declaration. (1)  The general assembly hereby

declares that the purpose of this article is to serve the taxpayers and the citizens of Colorado by establishing standards and procedures to ensure the preservation and protection of all public funds held on deposit by a bank that are either not insured by or are in excess of the insured limits of federal deposit insurance, and to ensure the expedited repayment of such funds in the event of default and subsequent liquidation of a bank which holds such deposits.

(2)  The general assembly further finds, determines, and declares that the

protection of public funds on deposit in banks is a matter of statewide concern and importance and that as such:

(a)  The provisions of this article shall prevail over any local government

ordinance or resolution and over any home rule or territorial charter provision in conflict therewith; and

(b)  The requirement that a national bank comply with the provisions of this

article neither encroaches upon the prerogatives of a nationally chartered bank nor exceeds the authority of the state of Colorado.

Source: L. 89: Entire article R&RE, p. 593, � 1, effective September 1.


Editor's note: This section is similar to former � 11-10.5-102 as it existed prior

to 1989.

11-10.5-103.  Definitions. As used in this article, unless the context otherwise

requires:

(1)  Aggregate uninsured public deposits means the total amount of cash,

checks, or drafts on deposit at the close of a business day for credit to the official custodian accounts in an eligible public depository, and which are either not insured by or are in excess of the insurable limits of federal deposit insurance.

(2)  Bank means any bank organized or chartered under this article and

articles 101 to 109 of this title or any bank organized or chartered under chapter 2 of title 12 of the United States Code. For purposes of section 11-10.5-104 and 11-10.5-111 (1) only, the definition of bank also includes those banks chartered under the laws of other states.

(3)  Banking board means the banking board established by section 11-102-103.


(4)  Defaulting depository means any eligible public depository to which an

event of default has occurred.

(5)  Eligible collateral means, with respect to the securing of uninsured

public funds, those instruments or obligations approved to be used for such purposes by the banking board pursuant to the provisions of section 11-10.5-107.

(6)  Eligible public depository means any bank which has been designated

as an eligible public depository by the banking board.

(7)  Event of default means the issuance of an order by a supervisory

authority or a receiver which restrains an eligible public depository from paying its deposit liabilities.

(8)  Federal deposit insurance means deposit insurance or guarantees

provided by the federal deposit insurance corporation or any successor agency thereto.

(9)  Official custodian means:


(a)  A designee with plenary authority, including control over public funds of a

public unit which the official custodian is appointed to serve. For purposes of this paragraph (a), control includes possession of public funds, as well as the authority to establish accounts for such public funds in banks and to make deposits, withdrawals, or disbursements of such public funds. If the exercise of plenary authority over the public funds of a public unit requires action by or the consent of two or more putative official custodians, then such official custodians shall be treated as one official custodian with respect to such public funds.

(b)  A designee, other than a designee described in paragraph (a) of this

subsection (9), with authority, including control, over public funds of an entity, including the state of Colorado; any institution, agency, instrumentality, authority, county, municipality, city and county, school district, special district, or other political subdivision of the state of Colorado, including any institution of higher education; any institution, department, agency, instrumentality, or authority of any of the foregoing, including any county or municipal housing authority; any local government investment pool organized pursuant to part 7 of article 75 of title 24, C.R.S.; any public entity insurance pool organized pursuant to state statute; any public body corporate created or established under the constitution of the state of Colorado or any state statute; and any other entity, organization, or corporation formed by intergovernmental agreement or other contract between or among any of the foregoing. For purposes of this paragraph (b), control includes possession of public funds, as well as the authority to establish accounts for such public funds in banks and to make deposits, withdrawals, or disbursements of such public funds. If the exercise of authority over such public funds requires action by or the consent of two or more putative official custodians, then such official custodians shall be treated as one official custodian with respect to such public funds.

(10) (a)  Political subdivision includes any subdivision or any principal

department of a public unit:

(I)  The creation of which subdivision or principal department has been

expressly authorized by state statute;

(II)  To which some functions of government have been delegated by state

statute; and

(III)  To which funds have been allocated by ordinance or state statute for its

exclusive use and control.

(b)  Political subdivision also includes drainage, irrigation, navigation,

improvement, levee, sanitary, school, and power districts and bridge and port authorities and any other special district created by state statute or compact between the state of Colorado and one or more states.

(c)  Political subdivision does not include subordinate or nonautonomous

divisions, agencies, or boards within principal departments of a public unit.

(11)  Public deposits means all public funds on deposit in an eligible public

depository in any form, whether time, savings, or demand.

(12)  Public funds means all funds of a public unit and all funds of any entity

referred to in paragraph (b) of subsection (9) of this section.

(13)  Public unit means the state of Colorado, any county, city and county,

city, or municipality, including any home rule city or town or territorial charter city, or any political subdivision thereof.

Source: L. 89: Entire article R&RE, p. 594, � 1, effective September 1. L. 91: (2)

amended, p. 650, � 8, effective May 1. L. 2003: (3) amended, p. 1206, � 5, effective July 1. L. 2004: (2) amended, p. 324, � 9, effective April 7; (2) amended, p. 1190, � 17, effective August 4.

Editor's note: (1)  This section is similar to former � 11-10.5-103 as it existed

prior to 1989.

(2)  Subsection (2) was amended in House Bill 04-1110. Those amendments

were superseded by the amendment of subsection (2) in Senate Bill 04-239.

11-10.5-104.  Applicability of article. The provisions of this article shall apply

to all banks which elect to become eligible public depositories. No bank shall hold any public funds unless such bank has been designated as an eligible public depository pursuant to the provisions of this article.

Source: L. 89: Entire article R&RE, p. 595, � 1, effective September 1.


11-10.5-105.  Authority of banking board. The banking board shall have the

authority to implement any provision of this article by order and by rule and regulation and may obtain restraining orders and injunctions to prevent violation of or to enforce compliance with the provisions of this article and the orders and rules and regulations issued under such provisions. The authority of the banking board shall be liberally construed to ensure that the purposes of this article are properly implemented.

Source: L. 89: Entire article R&RE, p. 595, � 1, effective September 1.


Editor's note: This section is similar to former � 11-10.5-104 as it existed prior

to 1989.

11-10.5-106.  Designation as eligible public depository - acceptance of

provisions. (1) No bank shall be a public depository or shall hold public funds without first being designated as an eligible public depository by the banking board pursuant to the provisions of this section.

(2)  No bank shall be designated an eligible public depository unless the bank

meets the following criteria:

(a)  The deposits of such bank are insured or guaranteed by federal deposit

insurance;

(b)  The bank is in compliance with the capital standards established by the

banking board; and

(c)  The bank agrees in writing to abide by all regulatory directives, reporting

requirements, examination requirements, and other criteria established for the administration and enforcement of the provisions and purposes of this article.

(3) (a) (I)  Any bank which meets the criteria established in subsection (2) of

this section and which desires to accept and hold public funds on and after September 1, 1989, shall file a written application with the banking board requesting designation as an eligible public depository. The request shall be signed by an executive officer of the bank and shall state that the bank agrees to abide by the provisions of this article and all rules and regulations promulgated by the banking board for the administration and enforcement of the provisions of this article.

(II)  If the bank requesting such designation was an eligible public depository

under applicable law in effect prior to September 1, 1989, and desires to continue to be an eligible public depository subject to the provisions of this article, it shall file the required written application within thirty days following August 1, 1989. If the banking board has no reason to believe that the bank would fail to meet the criteria or fail to follow the provisions of this article, it may designate such bank as an eligible public depository and issue an appropriate certificate evidencing such designation. Such immediate designation is provided for the convenience of the banking board in order to expedite transition from laws governing the protection of public funds in effect prior to September 1, 1989, and is not to be construed as granting a right or privilege to any bank to be designated as an eligible public depository.

(III)  Any bank which was not an eligible public depository under applicable

law in effect prior to September 1, 1989, or any bank which was granted a charter on or after said date, or any bank which has had its certificate as an eligible public depository withdrawn or revoked by either the banking board or the commissioner may at any time make written application to the banking board for designation as an eligible public depository. Such application shall be made on such forms or in such format as may be prescribed by the banking board. Upon submittal, the application shall contain all required information and shall be accompanied by a fee to be determined by the banking board. The banking board shall review the application and, not more than sixty days from the date that the application was submitted, shall either grant and issue or deny issuance of a certificate evidencing such designation. The banking board may extend the sixty-day review period for not more than thirty additional days.

(b) (I)  Designation as an eligible public depository shall not constitute either

a right or a license, and such designation may be revoked, suspended, or placed under restrictions, limitations, or other conditions by the banking board if the board determines that the eligible public depository has failed to comply with the provisions of this article or any rule and regulation promulgated by the banking board for the administration or enforcement of this article or with the provisions of any order of the banking board.

(II)  Once granted, designation as an eligible public depository may be

retained by the bank to which it was granted unless the banking board acts to suspend, revoke, or otherwise limit the designation. Designation is unique to the bank to which it was granted and may not be sold or transferred to another bank. In the event that a bank designated as an eligible public depository is acquired or merged with another entity, the banking board shall review the continuation of such designation under either this paragraph (b) or paragraph (a) of this subsection (3).

Source: L. 89: Entire article R&RE, p. 595, � 1, effective September 1.


Editor's note: This section is similar to former � 11-10.5-105 as it existed prior

to 1989.

11-10.5-107.  Eligible collateral - uninsured public deposits. (1)  The banking

board shall establish by rule and regulation a list of approved instruments and obligations to be used as eligible collateral by an eligible public depository in order to comply with the provisions of this section. As part of its findings, the banking board shall determine that each approved obligation or instrument meets at least the following criteria:

(a)  The obligation or instrument is characterized by attributes of safety,

liquidity, and soundness meeting the purposes of this article for the preservation and protection of public funds;

(b)  The obligation or instrument, with respect to its market value, shall be

marketable or convertible into cash within such time periods as shall be prescribed by the banking board to assure that any claim made pursuant to section 11-10.5-110 is fully and promptly paid;

(c)  The standards and relevant factors required to establish and evaluate the

current market value of the obligation or instrument are prescribed by the banking board at the time the obligation or instrument is approved for use as eligible collateral, which standards and relevant factors may include statistical standards for deviations from the original market value assigned at the time of approval for use that would result in an automatic deletion from the list of approved eligible collateral;

(d)  The market value of each obligation or instrument is verified at least

monthly, unless the banking board prescribes a different period for a particular obligation or instrument;

(e)  The banking board has at its disposal adequate resources to monitor and

evaluate the market value of the obligation or instrument; and

(f)  The obligation or instrument satisfies such other criteria as the banking

board may establish.

(2) (a)  Except as provided in subsection (4) of this section, the banking board

shall not treat any eligible public depository differently than any other eligible public depository.

(b)  In promulgating the list of eligible collateral pursuant to subsection (1) of

this section, the banking board, within the bounds of safety and soundness, shall not establish market values or other evaluation criteria which are disproportionately more restrictive for banks than comparable market values or evaluation criteria for any other class of eligible public depositories operating under this article or any other state law. It is the intent of the general assembly that, to the extent practicable, competitive parity among eligible public depositories which existed under applicable law in effect prior to September 1, 1989, should be maintained.

(3)  The banking board shall establish procedures to notify each eligible

public depository in a timely manner of the obligations and instruments that have been approved for use as eligible collateral and of obligations and instruments that have been deleted from the list of approved eligible collateral. Any eligible public depository utilizing as collateral an obligation or instrument which has been deleted from the list of approved eligible collateral shall, within three business days of receiving notice of the deletion or within such longer period as prescribed by the banking board, remove it from its portfolio of collateral and substitute sufficient other obligations or instruments that are approved for use as eligible collateral to properly secure public funds as required by this article.

(4) (a)  The banking board shall by rule establish criteria and procedures for

reducing or removing any uninsured public funds deposited in an eligible public depository if said depository fails to comply with the capital or safety and soundness standards established by the banking board.

(b)  The banking board shall require an eligible public depository to increase,

substitute, add to, or modify the amount or type of eligible collateral held to secure any uninsured public funds so that the collateral is adequate to fully protect the public funds if the capital or financial condition of the eligible public depository fails to comply with the capital or safety and soundness standards established by the banking board. The banking board shall establish such procedures as may be necessary to ensure that all collateral held pursuant to an action taken under this paragraph (b) is characterized by the highest degree of marketability and liquidity so that, in the event of default, all public deposits may be promptly and fully repaid.

(5)  As an ongoing requirement of designation as an eligible public

depository, any such depository shall pledge collateral having a market value in excess of one hundred two percent of the aggregate uninsured public deposits.

(6)  An eligible public depository shall remove any obligation or instrument

pledged as eligible collateral if the banking board determines that the obligation or instrument has failed in some manner to meet the criteria required by this section and shall substitute another obligation or instrument of eligible collateral that is satisfactory to the banking board.

Source: L. 89: Entire article R&RE, p. 597, � 1, effective September 1. L. 2009:

(4) amended, (HB 09-1053), ch. 159, p. 687, � 2, effective August 5.

11-10.5-108.  Collateral - where held - right of substitution - income derived.

(1) (a) Eligible collateral shall be held as provided in this article or by rules and regulations of the banking board. Eligible collateral shall be held in the custody of any bank, including a federal reserve bank, or any depository trust company which has been approved by the banking board to hold eligible collateral and is supervised by the banking board, or an equivalent governmental agency responsible for the regulation of banks in the state in which such bank or depository trust company is located.

(b)  An eligible public depository which has its own trust department may

make application to the banking board to be allowed to segregate its required eligible collateral from the other assets of the eligible public depository and to hold such collateral in its own trust department under such conditions as the banking board shall prescribe by rule and regulation. The banking board may require an eligible public depository that is holding its own eligible collateral in its own trust department to cease doing so and to have the eligible collateral held by some other entity authorized to hold collateral by paragraph (a) of this subsection (1). Any eligible public depository which holds collateral for any other eligible public depository and which is granted permission by the banking board to hold its own collateral as well shall at all times keep the collateral held for each such eligible public depository segregated.

(2)  Under circumstances where eligible collateral is maintained as required

by this article, and where such eligible collateral is not held by the eligible public depository's own trust department, each eligible public depository shall provide in a written deposit or pledge agreement between the said eligible public depository and the custodian of the collateral, or in such other manner as shall be prescribed by the banking board by rule and regulation, that:

(a)  In the event of default or insolvency of the eligible public depository for

which the collateral is held, the custodian shall surrender such collateral to the banking board; and

(b)  The custodian shall make available to the banking board the eligible

collateral and any books, records, and papers pertaining thereto for any examination or other reason necessary for the administration of this article.

(3)  An eligible public depository may at any time make substitutions of

eligible collateral maintained or pledged for the purposes of this article pursuant to collateral substitution procedures established by the banking board and shall at all times be entitled to collect and retain all income derived from such collateral without restriction. The privilege granted under this subsection (3) may be suspended or revoked by the banking board if the eligible public depository has become the subject of increased regulatory oversight as a result of its failure to maintain capital standards required by the banking board for the holding of public funds.

Source: L. 89: Entire article R&RE, p. 598, � 1, effective September 1. L. 91: (1)

and (3) amended, p. 650, � 9, effective May 1.

Editor's note: This section is similar to former � 11-10.5-109 as it existed prior

to 1989.

11-10.5-109.  Verification of collateral held - reports required. (1)  Each

eligible public depository shall submit reports at least monthly to the banking board in such format as the banking board may prescribe. Such report shall demonstrate that the eligible public depository is in full compliance with the provisions of this article. In addition, each eligible public depository shall submit copies of its quarterly call reports to the banking board thirty days after the close of each fiscal quarter.

(2)  The board of directors of an eligible public depository shall cause an

annual audit to be completed at least annually, but at intervals of not more than fifteen months, by an independent accounting firm composed of certified public accountants or a director's examination by a public accountant or any other independent person or persons as determined by the banking board. The banking board shall adopt regulations regarding the qualifications of such public accountant and other independent person or persons who shall assume the responsibility for due care in such directors' examinations. The banking board's regulations shall also establish the scope of such directors' examinations which shall include safeguards to ensure that such examinations adequately describe the financial condition of the financial institution. Such independent audit or directors' examination shall be completed and submitted to the banking board within the time lines the banking board requires. Such audits or directors' examinations shall include, but shall not be limited to, the following information:

(a)  The official custodian on whose behalf any public funds are held;


(b)  The name and address of each such official custodian;


(c)  The amount of public funds on deposit for each such custodian;


(d)  The amount of federal deposit insurance coverage for each such official

custodian;

(e)  The eligible collateral pledged for aggregate uninsured public deposits

and the market value of such eligible collateral; and

(f)  Any other information which may be required by the banking board by rule

and regulation.

(3)  The banking board may examine all public deposits held by and all

eligible collateral required to be maintained by an eligible public depository, and all books, records, and papers pertaining thereto.

(4)  Each eligible public depository shall be assessed reasonable expenses by

the banking board to meet the costs of any examinations made in accordance with the provisions of this section.

Source: L. 89: Entire article R&RE, p. 599, � 1, effective September 1. L. 90:

IP(2) amended, p. 667, � 35, effective June 7.

Editor's note: This section is similar to former �� 11-10.5-109.5 and 11-50-111

as they existed prior to 1989.

11-10.5-110.  Procedures when event of default occurs. (1)  When the banking

board has determined that an eligible public depository has experienced an event of default, the banking board shall proceed in the following manner:

(a)  The board shall seize and take possession of all eligible collateral

belonging to or held on behalf of the defaulting depository from wherever such eligible collateral is held.

(b)  The board shall ascertain the aggregate amounts of public funds held by

the defaulting depository as disclosed by the records of such depository. The board shall determine for each official custodian for whom public funds are held by the defaulting depository the accounts and the amount of federal deposit insurance that is available for each account. It shall then determine for each such official custodian the amount of uninsured public funds and the eligible collateral that is pledged to secure such funds. Upon completion of this analysis, the board shall provide each such official custodian with a statement that reports the amount of public funds held by the defaulting depository in his behalf, the amount that may be protected by federal deposit insurance, and the amount that is safeguarded by eligible collateral as required by this article. Each such official custodian shall verify this information from his records within ten working days after receiving the report and information from the banking board.

(c)  Upon receipt of a verified report from such official custodian and if the

defaulting eligible public depository is to be liquidated or otherwise removed from status as an eligible public depository, the banking board shall proceed to liquidate all eligible collateral held for the safeguarding of public deposits and shall repay each official custodian for the uninsured public deposits held by the depository in his behalf.

(2)  In the event that a federal deposit insurance agency is appointed and

acts as liquidator or receiver of any eligible public depository under state or federal law, those duties under this article that are specified to be performed by the banking board in the event of default may be delegated to and performed by the said federal deposit insurance agency. Any liquidation occurring under the provisions of this section shall conform to the procedures established in section 11-103-804.

Source: L. 89: Entire article R&RE, p. 600, � 1, effective September 1. L. 2003:

(2) amended, p. 1206, � 6, effective July 1.

Editor's note: This section is similar to former � 11-10.5-113 as it existed prior

to 1989.

11-10.5-111.  Public funds to be deposited only in eligible public depositories

• responsibilities of official custodians and eligible public depositories - penalty. (1) Any official custodian may deposit public funds in any bank which has been designated by the banking board as an eligible public depository. It is unlawful for an official custodian to deposit public funds in any bank other than one that has been so designated.

  (2) Each official custodian shall inform an eligible public depository that the public funds on deposit are subject to the provisions of this article before entering into a depository agreement with the eligible public depository. It is the responsibility of the official custodian to maintain documents or other verification necessary to properly identify the public funds which are subject to the provisions of this article.

  (3) The division, in consultation with the state treasurer and the state controller, shall establish the necessary controls to ensure the proper identification of public depository accounts.

  (4) (a) An official custodian who acted in good faith in selecting, designating, or approving any eligible public depository for the deposit of public funds shall not be liable for any loss of public funds deposited in an eligible public depository if such loss is caused by the occurrence of an event of default of such eligible public depository.

  (b) Any official custodian who violates the provisions of this article 10.5 commits a civil infraction. Upon any such conviction, the court may adjudge that the official custodian be removed from public office.

  (c) Any director, bank officer, or manager who knowingly violates the provisions of this article 10.5 commits a civil infraction.

  (5) It is unlawful for any director, bank officer, or manager of any bank to accept or receive any public funds while such bank is insolvent or while under verbal or written order from the banking board not to accept or receive any public funds.

  (6) Notwithstanding any other provision of this section to the contrary, nothing shall be construed to prevent a bank which is an eligible public depository operating pursuant to the provisions of this article from being or acting as an agent on behalf of any official custodian for the purposes of making investments as authorized by part 6 of article 75 of title 24, C.R.S. Any such bank shall maintain such accounting records as are necessary to readily distinguish between the activities authorized by said part 6 and the purposes of the public deposit protection requirements imposed upon it as a condition of being an eligible public depository. The banking board may promulgate such rules and regulations as it deems necessary to ensure that the activities authorized under part 6 of article 75 of title 24, C.R.S., and the protection of public funds pursuant to this article are not commingled.

  Source: L. 89: Entire article R&RE, p. 601, � 1, effective September 1. L. 2001: (3) amended, p. 155, � 1, effective March 28. L. 2021: (4)(b) and (4)(c) amended, (SB 21-271), ch. 462, p. 3149, � 119, effective March 1, 2022.

  Editor's note: This section is similar to former �� 11-10.5-118, 11-10.5-119, and 11-10.5-121 as they existed prior to 1989.

  Cross references: For the penalty for a civil infraction, see � 18-1.3-503.

  11-10.5-112. Annual fees and assessments. (1) There is hereby created in the state treasury the public deposit administration fund. The fund shall consist of moneys required to be credited to the fund pursuant to subsection (2) of this section and all interest earned on the investment of the moneys in the fund. Any such interest shall be credited at least annually to said fund. Moneys in the fund shall be subject to appropriation by the general assembly to the banking board to be used solely for the administration and enforcement of the provisions of this article. No moneys shall be appropriated from the general fund for payment of any expenses incurred under this section, and no such expenses shall be charged against the state.

  (2) Every eligible public depository shall be assessed an annual fee in an amount established by the banking board for the costs of enforcement and administration of this article. Such fees shall fairly and equitably apply to all eligible public depositories calculated according to the proportion of aggregate public funds that each depository holds in relation to the total of all aggregate public deposits held by all eligible public depositories for each annual period for which they were eligible public depositories. The banking board shall transmit such fees to the state treasurer who shall credit the same to the public deposit administration fund.

  (3) All fees assessed against an eligible public depository in accordance with the provisions of section 11-10.5-109 (4) shall be transmitted to the state treasurer who shall credit the same to the public deposit administration fund.

  (4) In setting fees, the banking board shall apply the standards imposed on boards and commissions of the division of professions and occupations in the department of regulatory agencies for determining the amount of fees pursuant to the provisions of section 12-20-105.

  Source: L. 89: Entire article R&RE, p. 602, � 1, effective September 1. L. 90: (2) amended, p. 667, � 36, effective June 7. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1658, � 56, effective October 1.

  Editor's note: This section is similar to former � 11-10.5-120 as it existed prior to 1989.

ARTICLE 11

Criminal Offenses

11-11-101 to 11-11-110. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.


Editor's note: (1)  This article was numbered as article 12 of chapter 14, C.R.S.

1. For amendments to this article prior to its repeal in 2003, 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.

   (2) The provisions of this article were relocated to articles 101 to 109 of this title. For the location of specific provisions, see the editor's notes following each section in said articles.

General Financial Provisions

ARTICLE 20

State Bank Commissioner - Duties - Powers

11-20-101 to 11-20-118. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.


Editor's note: (1)  This article was numbered as article 13 of chapter 14, C.R.S.

1. For amendments to this article prior to its repeal in 2003, 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.

   (2) The provisions of this article were relocated to articles 101 to 109 of this title. For the location of specific provisions, see the editor's notes following each section in said articles.

ARTICLE 21

Liquidation

11-21-101 to 11-21-123. (Repealed)


Source: L. 81: Entire article repealed, p. 611, � 36, effective July 1; entire

article repealed, p. 2023, � 8, effective July 1.

Editor's note: This article was numbered as article 14 of chapter 14, C.R.S.

1. For amendments to this article prior to its repeal in 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.

   Cross references: For liquidation procedure under the Colorado Banking Code, see article 103 of this title 11.

Industrial Banks

ARTICLE 22

Industrial Banks

11-22-101 to 11-22-706. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.


Editor's note: (1)  This article was numbered as article 17 of chapter 14, C.R.S.

1. For amendments to this article prior to its repeal in 2003, 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.

   (2) The provisions of this article were relocated to articles 101 to 109 of this title. For the location of specific provisions, see the editor's notes following each section in said articles.

Trust Companies and Trust Funds

ARTICLE 23

Trust Company Act

11-23-101 to 11-23-125. (Repealed)


Source: L. 2003: Entire article repealed, p. 1051, � 1, effective July 1.


Editor's note: (1)  This article was numbered as article 20 of chapter 14, C.R.S.

1. For amendments to this article prior to its repeal in 2003, 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.

   (2) The provisions of this article were relocated to articles 101 to 109 of this title. For the location of specific provisions, see the editor's notes following each section in said articles.

ARTICLE 24

Uniform Common Trust Fund Act

Cross references: For fiduciary powers of banks, see article 106 of this title

11.

C.R.S. § 12-115-116

12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes.

(2)  Nothing in this article 115 shall be construed to require any individual to

hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the 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 generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein.

(3) (a)  Nothing in this article 115 requires a regular employee of a firm or

corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if:

(I)  The firm or corporation employing the employee performing the work has

all the electrical work installed in conformity with the minimum standards as set forth in this article 115;

(II)  The work is subject to inspection by the board or its inspectors by request

in writing in accordance with section 12-115-120; and

(III)  The property of the firm or corporation is not generally open to the

public.

(b)  Neither a license for the firm or corporation, nor an inspection by the

board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section.

(4)  If the property of any person, firm, or corporation is: Rental property or is

developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115.

(5)  Nothing in this article 115 shall be construed to cover the installation,

maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(6) (a)  Nothing in this article 115 shall be construed to require an individual to

hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith.

(b)  Nothing in this article 115 shall be construed to require any firm or

corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required.

(c)  For the purposes of this subsection (6), maintenance or repair of existing

facilities means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose.

(7)  An individual, firm, copartnership, or corporation may engage in business

as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician.

(8)  Any person who plugs in any electrical appliance where an approved

electrical outlet is already installed shall not be considered an installer.

(9)  No provision of this article 115 shall in any manner interfere with, hamper,

preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected.

(10)  The provisions of this article 115 shall not be applicable to the

installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes.

(11)  Repealed.


(12)  Inasmuch as electrical licensing and the examination of persons

performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration.

(13)  The provisions of this article 115 shall not be applicable to any surface or

subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the Federal Mine Safety and Health Amendments Act of 1977, Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board.

(14) (a)  The permit and inspection provisions of this article 115 do not apply

to:

(I)  Installations under the exclusive control of electric utilities for the

purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or

(II)  Load control devices for electrical hot water heaters that are owned,

leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company.

(b)  This subsection (14) does not exempt any premises wiring on buildings,

structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.

(15)  Nothing in this article 115 shall be construed to:


(a)  Cover the installation, maintenance, repair, or alteration of security

systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(b)  Cover the installation, maintenance, repair, or alteration of electronic

computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(c) (I)  Except to the extent that a communication system's cables and

systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including:

(A)  Telephone and telegraph systems not exempted as utilities in subsection

(1) of this section;

(B)  Radio and television receiving and transmitting equipment and stations;

and

(C)  Antenna systems other than community antenna television systems

beyond the terminals of the controllers.

(II)  The contractors performing any installation, maintenance, repair, or

alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115.

(d)  Cover the installation, maintenance, repair, or alteration of electric signs,

cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(e)  Cover the installation, maintenance, repair, or alteration of equipment and

wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(f)  Require either that employees of the federal government who perform

electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115;

(g)  Require licensing that covers the installation, maintenance, repair, or

alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting.

(16)  Nothing in this article 115 applies to:


(a) (I)  The installation, maintenance, repair, or alteration of class 2 and class

3 remote-control, signaling, and power-limited circuits, as defined by the national electrical code; or

(II)  Contractors or their employees performing any installation, maintenance,

repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or

(b)  The installation, maintenance, repair, or alteration of traffic signals or

requires licensure for that work.

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

854, � 1, effective October 1; (3), (4), IP(14)(a), (14)(a)(II), and (15)(c) amended, (11) repealed, and (16) added, (SB 19-156), ch. 346, p. 3204, � 15, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-111 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. § 12-120-203

12-120-203. Exemptions. (1) Nothing in this part 2 requires licensure as a professional engineer for the following:

(a)  Individuals who normally operate and maintain machinery or equipment;


(b)  Individuals who perform engineering services for themselves;


(c)  Partnerships, professional associations, joint stock companies, limited

liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates;

(d)  Individuals who perform engineering services under the responsible

charge of a professional engineer;

(e)  Work of a strictly agricultural nature that is not required to be of public

record;

(f)  Professional land surveying as defined in section 12-120-302 (5);


(g)  Individuals who are employed by and perform engineering services solely

for a county, city and county, or municipality;

(h)  Individuals who are employed by and perform engineering services solely

for the federal government;

(i)  Individuals who practice architecture as defined in section 12-120-402 (5);


(j)  Utilities or their employees or contractors when performing services for

another utility during times of natural disasters or emergency situations; or

(k)  Individuals who practice landscape architecture as defined in section 12-130-104 (6).


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

877, � 1, effective October 1. L. 2024: IP(1) amended, (HB 24-1329), ch. 342, p. 2312, � 4, effective August 7.

Editor's note: This section is similar to former � 12-25-103 as it existed prior

to 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. § 12-120-417

12-120-417. Architect's seal - rules. (1) Upon receiving a license from the board, an architect may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal in a design approved by the board. The seal must contain the architect's name and license number and the designation Colorado licensed architect. Architects licensed before July 1, 2013, may continue to use their existing seals.

(2)  An architect shall use the architect's seal and signature and the date of

signature only when the work to which the seal is applied was prepared under the architect's responsible control.

(3)  The board shall adopt rules governing use of the seal and the retention,

use, and distribution of sealed documents and copies thereof.

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

919, � 1, effective October 1. L. 2024: (2) amended, (HB 24-1329), ch. 342, p. 2318, � 26, effective August 7.

Editor's note: This section is similar to former � 12-25-317 as it existed prior

to 2019.

ARTICLE 125

Fantasy Contests

12-125-101 to 12-125-113. (Repealed)


Source: L. 2020: Entire article repealed, (HB 20-1286), ch. 269, p. 1312, � 5,

effective July 10.

Editor's note: This article 125 was numbered as article 15.5 prior to the

repeal and reenactment of this title 12 in 2019 and was not amended prior to its repeal in 2020. For the text of this article 125 prior to 2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research explanatory note located on page vii in the front of this volume. This article 125 was relocated to part 16 of article 30 of title 44. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 125, see the comparative tables located in the back of the index.

ARTICLE 130

Landscape Architects

Editor's note: This title 12 was repealed and reenacted, with relocations, in

1. This article 130 was numbered as article 45 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf.

   Cross references: For regulatory provisions for architects, see part 4 of article 120 of this title 12.

C.R.S. § 12-130-101

12-130-101. Short title. The short title of this article 130 is the Landscape Architects Professional Licensing Act.

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

925, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-101 as it existed prior

to 2019.

C.R.S. § 12-130-102

12-130-102. Legislative declaration. The general assembly hereby finds and declares that the regulatory authority established in this article 130 is necessary to safeguard the health, safety, and welfare of the people of Colorado by preventing the improper design of public domain landscape infrastructure by unauthorized, unqualified, and incompetent persons.

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

925, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-102 as it existed prior

to 2019.

C.R.S. § 12-130-104

12-130-104. Definitions. As used in this article 130, unless the context otherwise requires:

(1)  Board means the state board of landscape architects, created in section

12-130-106.

(2)  Habit-forming drug means a drug or medicine required to be labeled

under section 25-5-415 or the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq., as a habit-forming drug.

(3)  Infrastructure means elements of the public domain that support

developments such as roads, streets, parks, plazas, and other places that are not privately owned and managed.

(4)  Landscape architect means a person who engages in the practice of

landscape architecture.

(5)  Plan means to prepare layouts and schemes for land areas,

infrastructure systems, facilities, or objects and includes technical documentation.

(6) (a)  Practice of landscape architecture means:


(I)  The application of landscape architectural higher education, training, and

experience as well as required mathematical, physical, and social science skills to consult, evaluate, plan, and design projects and improvements principally directed at the functional and aesthetic uses of land;

(II)  Collaboration with architects and engineers during the design of public

infrastructure projects such as roads, bridges, buildings, and other structures, concerning the functional and aesthetic requirements of the area and project site; or

(III)  Assistance in the preparation and administration of construction

documents, contracts, and contract offers related to site landscape improvements.

(b)  Practice of landscape architecture does not include acts exempted by

section 12-130-117.

(7)  Substantial gift means a gift, donation, or other consideration sufficient

to influence a person to act in a specific manner. The term does not include a gift of nominal value such as reasonable entertainment or hospitality or an employer's reward to an employee for work performed.

(8)  Supervision means the actions taken by a landscape architect in

directing, personally reviewing, correcting, or approving the work performed by an employee or subcontractor of the landscape architect.

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

925, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-103 as it existed prior

to 2019.

C.R.S. § 12-130-105

12-130-105. License required. On and after January 1, 2008, a person shall not practice landscape architecture or represent himself or herself as a landscape architect unless the person has a license issued by the board. A person licensed by the board is entitled to use the stamp specified in section 12-130-116, which shall constitute a professional credential attesting to the minimum competence of the landscape architect.

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

926, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-104 as it existed prior

to 2019.

C.R.S. § 12-130-106

12-130-106. Board - composition - appointments - terms. (1) There is hereby created in the division the Colorado state board of landscape architects. The board shall consist of five members who shall have the following qualifications:

(a)  Three members shall:


(I)  Be licensed landscape architects in Colorado;


(II)  Have at least three years of experience in the practice of landscape

architecture; and

(III)  Be residents of the state of Colorado;


(b) (I)  Two members shall:


(A)  Not be licensed landscape architects nor practice landscape architecture

in any jurisdiction;

(B)  Not have a current or prior significant personal or financial interest in the

practice of landscape architecture; and

(C)  Be residents of the state of Colorado.


(II)  Of the two members appointed pursuant to this subsection (1)(b), one

member shall be a building or landscape contractor in Colorado.

(2)  Appointments to the board shall be made by the governor and shall be

made to provide for staggering of terms of members so that not more than two members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove a member of the board for misconduct, incompetence, neglect of duty, or an act that would justify the revocation of the board member's license to practice landscape architecture, if applicable.

(3)  The board shall meet on or before August 30 of each year and elect from

its members a chair and vice-chair. The board shall meet at other times as it deems necessary, but not less than twice a year.

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

927, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-105 as it existed prior

to 2019.

C.R.S. § 12-130-107

12-130-107. Powers and duties of board - rules. (1) The board shall have the following powers and duties:

(a)  To promulgate rules pursuant to section 12-20-204;


(b)  To examine license applicants for qualifications;


(c)  To review special cases as authorized in this article 130;


(d)  To grant the licenses of duly qualified applicants to practice landscape

architecture in accordance with this article 130;

(e)  To adopt and use a seal;


(f)  To conduct hearings in accordance with sections 12-20-403 and 24-4-105

upon complaints concerning the conduct of landscape architects;

(g)  To refer for prosecution by the district attorney or the attorney general

persons violating this article 130;

(h)  To require a licensed landscape architect to have a stamp as prescribed

by the board; and

(i)  To take disciplinary or other action as authorized in section 12-20-404

against or censure any person who, while holding a landscape architect license, violates any provision of this article 130; issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; or impose other conditions or limitations on a licensee.

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

927, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-107 as it existed prior

to 2019.

C.R.S. § 12-130-109

12-130-109. Licensure - application - qualifications - rules. (1) Application. (a) An application for licensure shall include evidence of the education and practical experience required by this section and the rules of the board.

(b)  A person applying for licensure under this article 130 shall disclose

whether he or she has been denied licensure or disciplined as a landscape architect or practiced landscape architecture in violation of this article 130. If an applicant has violated this article 130, the board may deny an application for licensure. When determining whether a person has violated this article 130, section 24-5-101 shall govern the board's actions.

(c)  Applicants may seek licensure in one of the following manners:


(I)  Licensure by examination as described in subsection (3) of this section;


(II)  Licensure by endorsement pursuant to the occupational credential

portability program; or

(III)  Licensure by prior practice as described in subsection (5) of this section.


(2)  Education and experience. The board shall set minimum educational and

experience requirements for licensure by examination, subject to the following guidelines:

(a)  The board may require either:


(I) (A)  Practical experience for a specified period, not to exceed three years,

or education or experience determined by the board to be substantially equivalent; and

(B)  A professional degree from a program accredited by the Landscape

Architectural Accreditation Board, or any successor organization, or education or experience determined by the board to be substantially equivalent; or

(II)  Practical experience for a specified period, not to exceed ten years, under

the direct supervision of a licensed landscape architect or a landscape architect with an equivalent level of competence as defined by rules of the board; or

(III)  A combination of such practical experience and education, not to exceed

ten years.

(b)  One year of the experience required by this subsection (2) may be

practical field experience in construction techniques, teaching, or research in a program accredited by the Landscape Architectural Accreditation Board or an equivalent successor organization.

(c)  Subject to review and approval by the board pursuant to rules, a graduate

of an unaccredited program of landscape architecture or a related field shall be eligible to substitute education for the practical experience required by the board pursuant to this subsection (2).

(d) (I)  Prior to licensure, an applicant by examination shall pass an

examination developed or adopted by the board that measures the minimum level of competence necessary to be a licensed landscape architect. The board shall designate and notify applicants of the time and location for examinations. The board may engage a private contractor to administer the examinations.

(II)  The board may adopt the examinations, recommended grading

procedures, and educational and practical experience requirements and equivalents of the Council of Landscape Architectural Registration Boards or a successor organization if the examinations, procedures, and requirements and equivalents do not conflict with the requirements of this article 130.

(3)  Licensure by examination. (a)  Before being licensed pursuant to this

subsection (3), an applicant for licensure by examination shall pass an examination developed or adopted by the board to measure the minimum level of competence.

(b)  The board shall designate a time and location for examinations and shall

notify applicants of this time and location in a timely manner. The board may contract for assistance in administering the examinations.

(c)  The board may adopt the examinations, recommended grading

procedures, and educational and practical experience requirements of the Council of Landscape Architectural Registration Boards or any substantially equivalent successor organization if the examinations, procedures, and requirements do not conflict with the requirements of this article 130.

(4)  Repealed.


(5)  Licensure by prior practice. (a)  The board shall adopt rules authorizing

the issuance of a license to qualified candidates who practiced landscape architecture before January 1, 2008.

(b)  The following evidence, as verified by the board, shall be acceptable as

proof that a candidate is qualified for licensure by prior practice:

(I) (A)  A diploma or certificate of graduation from a landscape architecture

degree program accredited by the Landscape Architectural Accreditation Board or its successor organization; and

(B)  Evidence of at least six years of practical experience in the practice of

landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture; or

(II)  Evidence that the applicant has at least ten years of practical experience

in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture.

(c)  All experience required to qualify for licensure by prior practice shall be

obtained before January 1, 2008; except that one year of required experience for licensure by prior practice may accrue after January 1, 2008.

(d)  The board may develop or adopt a supplementary examination to

measure the minimum competence of applicants for licensure by prior practice. The supplementary examination shall be administered at the discretion of the board when an applicant for licensure by prior practice has otherwise failed to sufficiently demonstrate minimum competence.

(6)  Issuance of license. Upon application and satisfaction of the

requirements of this section, the board shall issue a license to practice landscape architecture. The board is not required to issue a license if the applicant is subject to discipline pursuant to this article 130.

(7)  Lapse of application. If an applicant fails to meet the licensing

requirements within three years after filing an application, the application shall be void. The board may authorize an applicant for licensure by examination to reattempt the examination without limitation and may exempt an applicant from this subsection (7) so long as the applicant reattempts the examination within thirty-one months after the last examination.

(8)  Renewal and reinstatement. All licenses issued pursuant to this article

130 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to penalties provided in this article 130 or in section 12-20-202 (1).

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

929, � 1, effective October 1. L. 2020: (1)(c)(II) amended and (4) repealed, (HB 20-1326), ch. 126, p. 535, � 18, effective June 25.

Editor's note: This section is similar to former � 12-45-110 as it existed prior

to 2019.

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-130-111

12-130-111. Professional liability - insurance. (1) The shareholders, members, or partners of an entity that practices landscape architecture are liable for the acts, errors, and omissions of the employees, members, and partners of the entity, except when the entity maintains a qualifying policy of professional liability insurance as set forth in subsection (2) of this section.

(2) (a)  A qualifying policy of professional liability insurance shall meet the

following minimum standards:

(I)  The policy shall insure the entity against liability imposed upon it by law

for damages arising out of the negligent acts, errors, and omissions of all professional and nonprofessional employees, members, and partners; and

(II)  The insurance shall be in a policy amount of at least seventy-five

thousand dollars multiplied by the total number of landscape architects in or employed by the entity, up to a maximum of five hundred thousand dollars.

(b)  In addition, the policy may include:


(I)  A provision stating that the policy shall not apply to the following:


(A)  A dishonest, fraudulent, criminal, or malicious act or omission of the

insured entity or of any stockholder, employee, member, or partner of the insured entity;

(B)  The conduct of a business enterprise that is not the practice of landscape

architecture by the insured entity;

(C)  The conduct of a business enterprise in which the insured entity may be a

partner or that may be controlled, operated, or managed by the insured entity in its own or in a fiduciary capacity, including, but not limited to, the ownership, maintenance, or use of property;

(D)  Bodily injury, sickness, disease, or death of a person; or


(E)  Damage to, or destruction of, tangible property owned by the insured

entity;

(II)  Any other reasonable provisions with respect to policy periods, territory,

claims, conditions, and ministerial matters.

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

932, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-112 as it existed prior

to 2019.

C.R.S. § 12-130-112

12-130-112. Grounds for disciplinary action. (1) The board shall investigate the activities of a licensee or other person upon its own motion or upon the receipt of a written, signed complaint alleging grounds for disciplinary action under this article 130.

(2)  Grounds for disciplinary action shall include:


(a)  Fraud or a material misstatement of fact made in procuring or attempting

to procure a license;

(b)  An act or omission that fails to meet the generally accepted standards of

the practice of landscape architecture and that endangers life, health, property, or the public welfare;

(c)  Fraud or deceit in the practice of landscape architecture;


(d)  Affixing a seal or authorizing a seal to be affixed to a document if the act

misleads another into incorrectly believing that a licensed landscape architect was the document's author or was responsible for its preparation;

(e)  Violation of or aiding or abetting in the violation of this article 130, an

applicable provision of article 20 of this title 12, a rule promulgated by the board under section 12-20-204 or this article 130, or an order of the board issued under this article 130;

(f)  Being convicted of or pleading nolo contendere to a felony in Colorado or

to any crime outside Colorado that would constitute a felony in Colorado, if the felony or other crime concerns the practice of landscape architecture. A certified copy of the judgment of a court of competent jurisdiction of a conviction or plea shall be presumptive evidence of the conviction or plea in any hearing under this article 130. The board shall be governed by sections 12-20-202 (5) and 24-5-101 when considering the conviction or plea.

(g)  Use of false, deceptive, or misleading advertising;


(h)  Habitual or excessive use or abuse of alcohol or a habit-forming drug or

habitual use of a controlled substance, as defined in section 18-18-102 (5), or other drug having similar effects, when the use or abuse renders the landscape architect unfit to engage in the practice of landscape architecture;

(i)  Use of a schedule I controlled substance, as defined in section 18-18-203;


(j)  Failure to report to the board a landscape architect known to have

violated this article 130 or any board order or rule. Potential violations of this subsection (2)(j) include knowledge of an action or arbitration in which claims regarding the life and safety of the users of a site are alleged.

(k)  Making or offering a substantial gift to influence a prospective or existing

client or employer to use or refrain from using a specific landscape architect;

(l)  Failure to exercise adequate professional supervision of persons assisting

in the practice of landscape architecture under a licensed landscape architect;

(m)  Performing services beyond the competence, training, or education of a

landscape architect;

(n)  Selling, fraudulently obtaining, or fraudulently furnishing a license or

renewal of a license to practice landscape architecture;

(o)  Practicing landscape architecture or advertising, representing, or holding

oneself out as a licensed landscape architect or using the title landscape architect or licensed landscape architect unless the person is licensed pursuant to this article 130; or

(p)  Otherwise violating any provision of this article 130.


(3)  A disciplinary action in another state or jurisdiction taken on grounds that

would constitute a violation under this article 130 shall be prima facie evidence of grounds for disciplinary action under this section.

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

932, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-113 as it existed prior

to 2019.

C.R.S. § 12-130-113

12-130-113. Disciplinary actions by board - procedures. (1) The board may take disciplinary or other action as authorized in section 12-20-404, may place conditions or limitations on a license, or may impose a censure if, after notice and hearing, the board determines that a licensee has committed any of the acts specified in section 12-130-112.

(2)  The board may issue and send to a licensee, by certified mail, a written

letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4).

(3)  The board may send a confidential letter of concern to a licensee under

the circumstances specified in section 12-20-404 (5). The confidential letter of concern and notice of the issuance of the letter shall be sent to the licensee by certified mail. Issuance of a confidential letter of concern shall not be construed to be discipline.

(4)  If the board determines that a person licensed to practice landscape

architecture pursuant to this article 130 is subject to disciplinary action under this section, the board may, in lieu of or in addition to other discipline, require a licensee to take courses of professional training or education. The board shall determine the educational conditions to be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee shall furnish proof of satisfactory completion of the training or education.

(5)  Any disciplinary action taken by the board shall be in accordance with the

provisions of section 12-20-403 and article 4 of title 24.

(6)  In addition to the penalties provided for in this section, and in lieu of

revoking a license upon a finding of misconduct by the board, a person who violates this article 130 or rules promulgated pursuant to section 12-20-204 or this article 130 may be punished by a fine not to exceed five thousand dollars.

(7)  On its own motion or upon application after the imposition of discipline,

the board may reconsider its prior action and reinstate a license, terminate suspension or probation, or reduce the severity of its prior disciplinary action.

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

934, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-114 as it existed prior

to 2019.

C.R.S. § 12-130-114

12-130-114. Unauthorized practice - penalties. (1) Any person who practices or offers or attempts to practice landscape architecture without an active license issued under this article 130 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2)  A violation of this section may be prosecuted by the district attorney of

the judicial district in which the offense was committed or by the attorney general of the state of Colorado in the name of the people of the state of Colorado. In such action, the court may issue an order, enter judgment, or issue a preliminary or final injunction.

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

937, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-115 as it existed prior

to 2019.

C.R.S. § 12-130-116

12-130-116. Landscape architect's stamp - rules. (1) A licensed landscape architect shall obtain a stamp of a design authorized by the board. The stamp shall bear the name, date of licensing, and license number of the landscape architect, together with the legend Colorado - Licensed Landscape Architect.

(2)  A landscape architect's records and documents shall be prepared,

recorded, and retained in the following manner:

(a)  The stamp, signature of the landscape architect whose name appears on

the stamp, and date of the landscape architect's signature shall be placed on reproductions of drawings to establish a record set of contract documents.

(b)  The record set shall be prominently identified and shall be for the

permanent record of the landscape architect, the project owner, and the regulatory authorities who have jurisdiction over the project.

(c)  The stamp and the date the document is stamped shall be placed on the

cover, title page, and table of contents of specifications and on each reproduction of drawings prepared under the direct supervision of the landscape architect.

(d)  Subsequently issued addenda, revisions, clarifications, or other

modifications shall be properly identified and dated for the record set.

(e)  Where consultant drawings and specifications are incorporated into the

record set, their origin shall be clearly identified and dated to distinguish them from stamped documents.

(f)  Except as required for compliance with a federal contract, the landscape

architect shall not stamp reproductions or copies that are transferred from the landscape architect's possession or supervision.

(g)  A record set shall be retained by the landscape architect for a minimum

of three years after beneficial occupancy or beneficial use of the project.

(h)  One original document may be stamped, signed, and dated as required for

federal government contracts.

(3)  The board, by rule, may authorize the use of an electronic stamp, an

electronic seal, and recording of electronic records in a manner substantially equivalent to the requirements of subsections (1) and (2) of this section.

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

937, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-117 as it existed prior

to 2019.

C.R.S. § 12-130-117

12-130-117. Exemptions. (1) The following shall be exempt from the provisions of this article 130:

(a)  The practice of architecture by licensed architects pursuant to part 4 of

article 120 of this title 12;

(b)  The practice of professional engineering by registered professional

engineers pursuant to part 2 of article 120 of this title 12;

(c)  The practice of professional land surveying by licensed land surveyors

pursuant to part 3 of article 120 of this title 12;

(d)  Residential landscape design, consisting of landscape design services for

single- and multi-family residential properties of four or fewer units not including common areas;

(e)  The design of irrigation systems by professionals qualified by appropriate

experience or certification; and

(f)  Landscape installation and construction services, including, but not

limited to, all contracting services not within the scope of the practice of landscape architecture.

(2)  Nothing in this article 130 shall prohibit or limit a municipality or county

of this state, in the reasonable exercise of its police power, from adopting codes that may be necessary for the protection of the inhabitants of the municipality or county.

(3)  Nothing in this article 130 shall be construed to limit or extend the rights

of another profession or craft.

(4)  Nothing in this article 130 shall be construed to prohibit the practice of

landscape architecture by any employee of the United States government or any bureau, division, or agency of the United States while discharging his or her official duties.

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

938, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-118 as it existed prior

to 2019.

C.R.S. § 12-130-118

12-130-118. Architecture, engineering, and surveying. Nothing in this article 130 shall be construed to authorize a landscape architect to engage in the practice of architecture, as defined in part 4 of article 120 of this title 12, the practice of engineering, as defined in part 2 of article 120 of this title 12, or professional land surveying, as defined in part 3 of article 120 of this title 12.

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

938, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-119 as it existed prior

to 2019.

C.R.S. § 12-130-119

12-130-119. Repeal of article - subject to review. This article 130 is repealed, effective September 1, 2028. Before the repeal, the licensing of landscape architects by the board is scheduled for review in accordance with section 24-34-104.

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

939, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-120 as it existed prior

to 2019.

ARTICLE 135

Mortuary Science Code

Editor's note: This title 12 was repealed and reenacted, with relocations, in

1. This article 135 was numbered as article 54 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf.

PART 1

MORTUARY SCIENCE CODE

C.R.S. § 12-20-402

12-20-402. Immunity. (1) The director, any member of a board or commission, any member of a regulator's staff, any person acting as a witness or consultant to a regulator, any witness testifying in a proceeding authorized by a part or article of this title 12 governing a particular profession or occupation, and any person who lodges a complaint pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from liability in any civil action brought against the individual for acts occurring while acting in the individual's capacity as director, board or commission member, staff, consultant, or witness, respectively, if the individual:

(a)  Was acting in good faith within the scope of the individual's respective

capacity;

(b)  Made a reasonable effort to obtain the facts of the matter as to which the

individual acted; and

(c)  Acted in the reasonable belief that the action taken by the individual was

warranted by the facts.

(2)  Any person participating in good faith in lodging or making a complaint or

report or participating in any investigative or administrative proceeding pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from any civil or criminal liability that may result from that participation; except that a person participating as described in this subsection (2) under article 135 of this title 12 concerning mortuaries and crematories is immune from only civil liability.

(3) (a)  The immunity granted by subsection (1) of this section to a witness

testifying in a proceeding does not apply to proceedings under article 310 of this title 12 concerning surgical assistants and surgical technologists.

(b)  The immunity granted by subsection (1) of this section to a person who

lodges a complaint does not apply to proceedings under:

(I)  Article 130 of this title 12 concerning landscape architects; or


(II)  Article 230 of this title 12 concerning hearing aid providers.


(4)  This section does not apply to articles 140 and 150 of this title 12

concerning nontransplant tissue banks and passenger tramways, respectively.

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

743, � 1, effective October 1. L. 2020: (4) amended, (HB 20-1212), ch. 228, p. 1114, � 3, effective July 2; (4) amended, (HB 20-1286), ch. 269, p. 1312, � 7, effective July 10.

Editor's note: (1)  This section is similar to former � 12-36-118 (3)(b) as it

existed prior to 2019.

(2)  Amendments to subsection (4) by HB 20-1212 and HB 20-1286 were

harmonized.

C.R.S. § 12-20-406

12-20-406. Injunctive relief. (1) Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section:

(a)  A regulator, in the name of the people of the state of Colorado and

through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12.

(b)  If the regulator establishes that the defendant has been or is committing

an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act.

(c)  An injunctive proceeding may be brought pursuant to this section in

addition to, and not in lieu of, all penalties and other remedies provided in the part or article.

(2) (a)  Except as specified in subsection (2)(b) of this section, when seeking

an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation.

(b)  Subsection (2)(a) of this section does not apply to the following:


(I)  Article 105 of this title 12 concerning barbers and cosmetologists;


(II)  Part 4 of article 120 of this title 12 concerning architects;


(III)  Repealed.


(IV)  Article 150 of this title 12 concerning passenger tramways;


(V)  Article 210 of this title 12 concerning audiologists;


(VI)  Article 215 of this title 12 concerning chiropractors;


(VII)  Article 230 of this title 12 concerning hearing aid providers;


(VIII)  Article 240 of this title 12 concerning medical practice;


(IX)  Article 255 of this title 12 concerning nurses, certified midwives, and

nurse aides;

(X)  Repealed.


(XI)  Article 275 of this title 12 concerning optometrists;


(XII)  Article 280 of this title 12 concerning pharmacists, pharmacy

businesses, and pharmaceuticals;

(XIII)  Article 285 of this title 12 concerning physical therapists and physical

therapist assistants; and

(XIV)  Article 290 of this title 12 concerning podiatrists.


(3)  This section does not apply to the following:


(a)  Article 100 of this title 12 concerning accountants;


(b)  Article 110 of this title 12 concerning combative sports;


(c)  Repealed.


(d)  Article 130 of this title 12 concerning landscape architects;


(e)  Article 140 of this title 12 concerning nontransplant tissue banks;


(f)  Article 220 of this title 12 concerning dentists, dental therapists, and

dental hygienists;

(g)  Article 250 of this title 12 concerning naturopathic doctors;


(h)  Article 295 of this title 12 concerning psychiatric technicians; and


(i)  Article 315 of this title 12 concerning veterinarians.


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

752, � 1, effective October 1. L. 2020: (2)(b)(IX) amended and (2)(b)(X) repealed, (HB 20-1183), ch. 157, p. 696, � 35, effective July 1; (3)(c) repealed, (HB 20-1286), ch. 269, p.1313, � 10, effective July 10. L. 2022: (3)(f) amended, (SB 22-219), ch. 381, p. 2723, � 28, effective January 1, 2023. L. 2023: (2)(b)(IX) amended, (SB 23-167), ch. 261, p. 1531, � 23, effective May 25. L. 2024: (2)(b)(III) repealed, (SB 24-173), ch. 240, p. 1588, � 5, effective May 24.

Editor's note: This section is similar to former � 12-36-129 (6) as it existed

prior to 2019.

Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-20-407

12-20-407. Unauthorized practice of profession or occupation - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:

(I)  Violates section 12-100-112 or 12-100-116 (1)(a);


(II)  Engages in or offers or attempts to engage in the conduct, promotion, or

performance of live boxing matches without an active license or permit issued under article 110 of this title 12;

(III)  Repealed.


(IV)  Engages in or works at or offers or attempts to engage in or work at the

business, trade, or calling of a residential, journeyworker, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or

(V)  Practices or offers or attempts to practice any of the following

professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:

(A)  Barbering, hairstyling, esthetics, manicuring, or cosmetology, as

regulated under article 105 of this title 12;

(B)  The profession of an electrician, as regulated under article 115 of this title

12;

(C)  Professional engineering, as regulated under article 120 of this title 12;


(D)  Professional land surveying, as regulated under article 120 of this title 12;


(E)  Architecture, as regulated under article 120 of this title 12;


(F)  Landscape architecture, as regulated under article 130 of this title 12;


(G)  Acupuncture, as regulated under article 200 of this title 12;


(H)  Audiology, as regulated under article 210 of this title 12;


(I)  Chiropractic, as regulated under article 215 of this title 12;


(J)  Dentistry, dental therapy, or dental hygiene, as regulated under article

220 of this title 12;

(K)  Direct-entry midwifery, as regulated under article 225 of this title 12;


(L)  Practice as a hearing aid provider or engages in the practice of

dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;

(M)  Medicine, practice as a physician assistant, or practice as an

anesthesiologist assistant, as regulated under article 240 of this title 12;

(N)  Practice as a psychologist, social worker, marriage and family therapist,

licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;

(O)  Practical or professional nursing or practice as a certified midwife, as

regulated under article 255 of this title 12;

(P)  Nursing home administration, as regulated under article 265 of this title

12;

(Q)  Optometry, as regulated under article 275 of this title 12;


(R)  Pharmacy or as a pharmacy technician, as regulated under article 280 of

this title 12;

(S)  Physical therapy, as regulated under part 1 of article 285 of this title 12;


(T)  Podiatry, as regulated under article 290 of this title 12;


(U)  Practice as a psychiatric technician, as regulated under article 295 of

this title 12;

(V)  Respiratory therapy, as regulated under article 300 of this title 12;


(W)  [Editor's note: This version of subsection (1)(a)(V)(W) is effective until

January 1, 2026.] Veterinary medicine or as a veterinary technician, as regulated under article 315 of this title 12; or

(W)  [Editor's note: This version of subsection (1)(a)(V)(W) is effective January

1, 2026.] Veterinary medicine or as a veterinary technician or veterinary professional associate, as regulated under article 315 of this title 12; or

(X)  Facilitating natural medicine services, as regulated under article 170 of

this title 12.

(b)  A person commits a class 2 misdemeanor and shall be punished as

provided in section 18-1.3-501 if the person engages in any of the following activities:

(I)  Repealed.


(II)  Practices or offers or attempts to practice athletic training without an

active registration issued under article 205 of this title 12;

(III)  Practices or offers or attempts to practice massage therapy without an

active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;

(IV)  Practices or offers or attempts to practice occupational therapy without

an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;

(V)  Practices or offers or attempts to practice speech-language pathology

without an active certification issued under article 305 of this title 12;

(VI)  Performs the duties of a surgical assistant or surgical technologist

without being registered under article 310 of this title 12; or

(VII)  Conducts radon measurement or radon mitigation, claims to be a radon

measurement professional or radon mitigation professional, or uses the title radon measurement professional or radon mitigation professional or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under article 165 of this title 12.

(c)  A person who practices or offers or attempts to practice as a

naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(d)  A person who violates section 12-285-202 or 12-285-203 without an

active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(e)  A person commits a class 6 felony and shall be punished as provided in

section 18-1.3-401 if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:

(I)  Professional engineering, as regulated pursuant to article 120 of this title

12;

(II)  Architecture, as regulated pursuant to article 120 of this title 12;


(III)  Audiology, as regulated pursuant to article 210 of this title 12;


(IV)  Dentistry, as regulated pursuant to article 220 of this title 12;


(V)  Direct-entry midwifery, as regulated pursuant to article 225 of this title

12;

(VI)  Medicine, practice as a physician assistant, or practice as an

anesthesiologist assistant, as regulated pursuant to article 240 of this title 12;

(VII)  Professional nursing or practice as a certified midwife, as regulated

pursuant to article 255 of this title 12;

(VIII)  Nursing home administration, as regulated pursuant to article 265 of

this title 12;

(IX)  Optometry, as regulated pursuant to article 275 of this title 12;


(X)  Pharmacy or as a pharmacy technician, as regulated pursuant to article

280 of this title 12; or

(XI)  Respiratory therapy, as regulated pursuant to article 300 of this title 12.


(2)  The penalties for:


(a)  Engaging in unauthorized activities regarding mortuaries and crematories

are governed by section 12-135-108;

(b)  Violating article 140 of this title 12 concerning nontransplant tissue banks

are governed by section 12-140-108;

(c)  Engaging in unauthorized activities regarding passenger tramways are

governed by section 12-150-108 (4);

(d)  Engaging in unauthorized activities regarding nurse aide practice are

governed by section 12-255-215; and

(e)  Providing, or offering or attempting to provide, outfitting services without

an active registration issued under article 145 of this title 12 are governed by section 33-6-113.

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

753, � 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, � 16, effective October 1. L. 2020: (2)(d) amended, (HB 20-1183), ch. 157, p. 696, � 36, effective July 1; (1)(a)(V)(N) amended, (HB 20-1206), ch. 304, p. 1544, � 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 21-1195), ch. 398, p. 2645, � 4, effective September 7; IP(1)(a) and IP(1)(b) amended, (SB 21-271), ch. 462, p. 3154, � 140, effective March 1, 2022. L. 2022: (1)(e) added, (HB 22-1257), ch. 69, p. 351, � 1, effective April 7; (1)(a)(V)(W) amended, (HB 22-1235), ch. 442, p. 3101, � 4, effective August 10; (1)(b)(I) repealed, (SB 22-212), ch. 421, p. 2968, � 22, effective August 10; (1)(a)(V)(J) amended, (SB 22-219), ch. 381, p. 2723, � 29, effective January 1, 2023. L. 2023: (1)(a)(V)(O), IP(1)(e), and (1)(e)(VII) amended, (SB 23-167), ch. 261, p. 1531, � 24, effective May 25; (1)(a)(V)(V) and (1)(a)(V)(W) amended and (1)(a)(V)(X) added, (SB 23-290), ch. 249, p. 1388, � 17, effective July 1. L. 2024: IP(1)(e) amended, (HB 24-1450), ch. 490, p. 3407, � 18, effective August 7; (1)(a)(IV) amended, (HB 24-1344), ch. 343, p. 2330, � 27, effective July 1, 2025. Initiated 2024: (1)(a)(V)(W) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. L. 2025: (1)(a)(III) repealed, (2)(c) and (2)(d) amended, and (2)(e) added, (SB 25-174), ch. 310, p. 1615, � 8, effective August 6.

Editor's note: (1)  Subsection (1)(a) is similar to former � 12-23-119 (2);

subsection (1)(b) is similar to former � 12-58.5-104 (2); subsection (1)(c) is similar to former � 12-37.3-113; and subsection (1)(d) is similar to former � 12-41-216, as those sections existed prior to 2019.

(2)  Subsection (1)(a)(V)(W) was changed by Proposition 129, effective January

1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814


Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-20-408

12-20-408. Judicial review. (1) Except as specified in subsection (2) of this section, the court of appeals has initial jurisdiction to review all final actions and orders of a regulator that are subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (11); except that, with regard only to cease-and-desist orders, a district court of competent jurisdiction has initial jurisdiction to review a final action or order of a regulator that is subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (3) for the following:

(a)  Article 115 of this title 12 concerning electricians;


(b)  Part 4 of article 120 of this title 12 concerning architects;


(c)  Article 225 of this title 12 concerning direct-entry midwives;


(d)  Article 250 of this title 12 concerning naturopathic doctors;


(e)  Article 275 of this title 12 concerning optometrists; and


(f)  [Editor's note: This version of subsection (1)(f) is effective until January 1,

2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.

(f)  [Editor's note: This version of subsection (1)(f) is effective January 1,

2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.

(2)  A district court of competent jurisdiction has initial jurisdiction to review

all final actions and orders of a regulator that are subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (3) for the following:

(a)  Repealed.


(b)  Article 130 of this title 12 concerning landscape architects;


(c)  Article 135 of this title 12 concerning mortuaries and crematories; and


(d)  Article 140 of this title 12 concerning nontransplant tissue banks.


(e) to (g)  Repealed.


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

756, � 1, effective October 1. L. 2020: (2)(a) repealed, (HB 20-1286), ch. 269, p. 1313, � 11, effective July 10; (2)(e) and (2)(f) amended and (2)(g) repealed, (HB 20-1218), ch. 299, p. 1484, � 4, effective September 1; (2)(e) amended and (2)(f) repealed, (HB 20-1219), ch. 300, p. 1494, � 7, effective September 1. L. 2022: (1)(f) amended, (HB 22-1235), ch. 442, p. 3101, � 5, effective August 10; (2)(c) and (2)(d) amended and (2)(e) repealed, (HB 22-1263), ch. 254, p. 1849, � 4, effective September 1. Initiated 2024: (1)(f) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.

Editor's note: (1)  This section is similar to former � 12-42.5-125 as it existed

prior to 2019.

(2)  Amendments to subsection (2)(f) by HB 20-1218 and HB 20-1219 were

harmonized.

(3)  Subsection (1)(f) was changed by Proposition 129, effective January 1,

2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814

ARTICLE 30

Provisions Applicable to Health-Care

Professions and Occupations

Editor's note: This title 12 was repealed and reenacted, with relocations, in

1. This article 30 contains provisions from several former C.R.S. sections of this title 12 and article 34 of title 24, as they existed prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf.

PART 1

MISCELLANEOUS PROVISIONS APPLICABLE TO

HEALTH-CARE PROFESSIONS AND OCCUPATIONS

C.R.S. § 12-215-103

12-215-103. Definitions. As used in this article 215, unless the context otherwise requires:

(1)  Acupuncture means the puncture of the skin with fine needles for

diagnostic and therapeutic purposes.

(2) (a)  Animal chiropractic means diagnosing and treating animal vertebral

subluxation through chiropractic adjustment of the spine or extremity articulations of fully awake dogs and equids. The chiropractic adjustment may be performed only with the hands or with the use of a handheld low-force mechanical adjusting device functionally equivalent to the device known as an activator; all other equipment is prohibited.

(b)  Animal chiropractic does not include:


(I)  Performing veterinary medical care and diagnosis;


(II)  Performing surgery;


(III)  Dispensing or administering medications, dietary or nutritional

supplements, herbs, essences, nutraceutical products, or anything else supplied orally, rectally, by inhalation, by injection, or topically except topically applied heat or cold;

(IV)  Generating radiographic images or performing imaging procedures,

including thermography;

(V)  Performing acupuncture, or any treatment activity other than

chiropractic adjustment;

(VI)  Providing magnetic or other nonmanual treatment techniques, colonics,

colored-light therapy, homeopathy, radionics, or vitamin therapy;

(VII)  Venipuncture;


(VIII)  Making diagnoses by methods such as live cell analysis, pendulum

divining, iridology, hair analysis, nutritional deficiency questionnaires, herbal crystallization analysis, or food allergy testing.

(3)  Animal vertebral subluxation means a lesion or dysfunction in a joint or

motion segment in which alignment, movement integrity, or physiological function are altered, although contact between joint surfaces remains intact, that may influence biomechanical and neural integrity. Diagnosis of animal vertebral subluxation typically involves evaluation of gait and radiographs, and static and motion palpation techniques that are used to identify joint dysfunction. Diagnosis of animal vertebral subluxation does not include methods such as applied kinesiology, reflexology, pendulum divining, or thermography.

(3.5)  Board means the Colorado state board of chiropractic examiners

created in section 12-215-104 (1).

(4)  Chiropractic means that branch of the healing arts that is based on the

premise that disease is attributable to the abnormal functioning of the human nervous system. It includes the diagnosing and analyzing of human ailments and seeks the elimination of the abnormal functioning of the human nervous system by the adjustment or manipulation, by hand or instrument, of the articulations and adjacent tissue of the human body, particularly the spinal column, and the use as indicated of procedures that facilitate the adjustment or manipulation and make it more effective and the use of sanitary, hygienic, nutritional, and physical remedial measures for the promotion, maintenance, and restoration of health, the prevention of disease, and the treatment of human ailments. Chiropractic includes the use of venipuncture for diagnostic purposes. Chiropractic does not include colonic irrigation therapy. Chiropractic includes treatment by acupuncture when performed by an appropriately trained chiropractor as determined by the Colorado state board of chiropractic examiners. Nothing in this section shall apply to persons using acupuncture not licensed by the board.

(5)  Chiropractic adjustment means the application, by hand, by a trained

chiropractor who has fulfilled the educational and licensing requirements of this article 215, of adjustive force to correct subluxations, fixations, structural distortions, abnormal tensions, and disrelated structures, or to remove interference with the transmission of nerve force. The application of the dynamic adjustive thrust is designed and intended to produce and usually elicits audible and perceptible release of tensions and movement of tissues or anatomical parts for the purpose of removing or correcting interference to nerve transmission and expression.

(6)  Electrotherapy means the application of any radiant or current energies

of high or low frequency, alternating or direct, except surgical cauterization, electrocoagulation, the use of radium in any form, and X-ray therapy.

(7)  Equid means a hoofed mammal of the family equidae and includes

donkeys, horses, mules, and zebras.

(8)  Licensed veterinarian has the same meaning as set forth in section 12-315-104 (11).


(9)  Venipuncture means the puncture of a vein for the withdrawal of blood

for the purpose of diagnosis through blood analysis. Any blood analysis shall be done by a chiropractor or by a commercial laboratory.

(10)  Veterinary medical clearance means that a veterinarian licensed under

article 315 of this title 12 has examined an animal patient, has provided a diagnosis or differential diagnosis if appropriate, and has provided written clearance, which may be transmitted electronically, for animal chiropractic. The veterinary medical clearance shall precede the commencement of animal chiropractic treatment and may contain limitations on the scope, date of initiation, and duration of chiropractic treatment. Once a veterinary medical clearance has been received, the chiropractor is responsible for developing the plan of care for the animal patient's animal chiropractic.

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

1059, � 1, effective October 1. L. 2025: (3.5) added, (SB 25-275), ch. 377, p. 2041, � 57, effective August 6.

Editor's note: This section is similar to former � 12-33-102 as it existed prior

to 2019.

C.R.S. § 12-215-115

12-215-115. Discipline of licensees - suspension, revocation, denial, and probation - grounds - definitions. (1) Upon any of the following grounds, the board may take disciplinary or other action as specified in section 12-20-404 or impose conditions on a licensee's license:

(a)  Using fraud, misrepresentation, or deceit in applying for, securing,

renewing, or seeking reinstatement of a license or in taking an examination provided for in this article 215;

(b)  An act or omission that constitutes negligent chiropractic practice or fails

to meet generally accepted standards of chiropractic practice;

(c)  Conviction of a felony or any crime that would constitute a violation of

this article 215. For purposes of this subsection (1), conviction includes the acceptance of a guilty plea or a plea of nolo contendere or the imposition of a deferred sentence.

(d)  Habitual or excessive use or abuse by the licensee of alcohol, a

controlled substance, as defined in section 18-18-102 (5), or a habit-forming drug;

(e)  Repealed.


(f)  Disobedience to a lawful rule or order of the board;


(g)  Persisting in maintaining an unsanitary office or practicing under

unsanitary conditions after warning from the board;

(h)  False or misleading advertising;


(i)  Failure to report malpractice judgments or settlements within sixty days;


(j)  Violation of abuse of health insurance pursuant to section 18-13-119 or

commission of a fraudulent insurance act, as defined in section 10-1-128;

(k)  Treating a patient by colonic irrigation or allowing colonic irrigation to be

performed at the licensee's premises;

(l)  Practicing with a suspended or expired license;


(m)  Willfully deceiving or attempting to deceive the board or its agents with

reference to any matter under investigation by the board;

(n)  Practicing under an assumed name;


(o)  Unethical advertising, as defined in subsection (5) of this section, or

advertising through any medium that the licensee will perform an act prohibited by section 18-13-119 (3);

(p)  Violating or aiding any person to violate this article 215 or an applicable

provision of article 20 or 30 of this title 12;

(q)  Knowingly practicing in the employment of or in association with any

person who is practicing in an unlawful or unprofessional manner;

(r)  Offering, giving, or receiving commissions, rebates, or other forms of

remuneration for the referral of clients; except that a licensee may compensate an independent advisory or marketing agent for advertising or marketing services, which services may include the referral of patients identified through the services, and a licensee may give an incidental gift to a patient in appreciation for a referral;

(s)  Conducting any enterprise other than the regular practice of chiropractic

whereby the holder's license is used as a means of attracting patients or attaining prestige or patronage in the conduct of the enterprise;

(t)  Permitting the practice of chiropractic, the holding out of the practice, or

the maintenance of an office for the practice by an unlicensed person in association with himself or herself;

(u)  Engaging in any of the following activities and practices: Willful and

repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment that is demonstrably unnecessary; the failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of chiropractic as interpreted by the board;

(v)  Falsifying or making incorrect essential entries or failing to make

essential entries on patient records;

(w)  Violating section 8-42-101 (3.6);


(x)  Violating section 12-215-202 or any rule adopted pursuant to that section;


(y)  Failing to report to the board the surrender of a license to, or adverse

action taken against a license by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for discipline pursuant to this article 215;

(z)  Engaging in a sexual act with a patient during the course of the patient's

care or within six months immediately following the termination of the chiropractor's professional relationship with the patient. Sexual act, as used in this subsection (1)(z), means sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401.

(aa)  Abandoning a patient by any means, including, but not limited to, failing

to provide a referral to another chiropractor or other appropriate health-care practitioner when the referral was necessary to meet generally accepted standards of chiropractic care;

(bb)  Failing to provide adequate or proper supervision when employing

unlicensed persons in a chiropractic practice;

(cc)  Failing to:


(I)  Notify the board, as required by section 12-30-108 (1), of a physical illness,

physical condition, or behavioral health or mental health disorder that makes the chiropractor unable to render chiropractic services with reasonable skill and safety to patients;

(II)  Act within the limitations created by a physical illness, physical condition,

or behavioral health or mental health disorder that makes the licensee unable to render chiropractic services with reasonable skill and safety to patients;

(III)  Comply with the limitations agreed to under a confidential agreement;


(dd)  Performing a procedure in the course of patient care that is beyond the

chiropractor's training or competence or the scope of authorized chiropractic services under this article 215;

(ee)  Failing to respond to a board-generated complaint letter.


(2)  In addition to any other penalty that may be imposed pursuant to this

section, a chiropractor violating any provision of this article 215 or any rule promulgated pursuant to this article 215 may be fined no less than one thousand dollars for a first violation proven by the board, up to three thousand dollars for a second violation proven by the board, and up to five thousand dollars for a third or subsequent violation proven by the board. The board shall establish guidelines for the imposition of the fines.

(3)  Disciplinary action taken against a licensee's ability to practice in another

state or country shall be prima facie evidence of a violation of this article 215 and shall constitute grounds for discipline if the acts giving rise to the disciplinary action would violate this article 215 if committed in this state.

(4)  The board may send a confidential letter of concern to the licensee under

the circumstances specified in section 12-20-404 (5).

(5)  For purposes of this section, the term unethical advertising includes

advertising through any form of media that:

(a)  Contains false or misleading statements;


(b)  Holds out or promises cures or guarantees results; or


(c)  Contains claims that cannot be substantiated by standard laboratory or

diagnostic procedures.

(6)  Any doctor of chiropractic proven to be incompetent or negligent may be

required to take an examination, given by the board, in the subjects outlined in section 12-215-106. In addition, the board may order the doctor of chiropractic to take such therapy or courses of training or education as may be needed to correct deficiencies found in the hearing.

(7)  In the event any person holding a license to practice chiropractic in this

state is determined to be mentally incompetent or insane by a court of competent jurisdiction and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the person holding a license is incapable of continuing to practice chiropractic, the person's license shall automatically be suspended by the board, and, anything in this article 215 to the contrary notwithstanding, the suspension must continue until the licensee is found by the court to be competent to practice chiropractic.

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

1066, � 1, effective October 1. L. 2020: (1)(d), (1)(cc), and IP(5) amended and (1)(e) repealed, (HB 20-1210), ch. 158, p. 708, � 6, effective July 1. L. 2022: (7) amended, (HB 22-1256), ch. 451, p. 3222, � 7, effective August 10.

Editor's note: This section is similar to former � 12-33-117 as it existed prior

to 2019.

Cross references: For an exception to the provisions of subsection (1)(t), see

� 6-18-303.

C.R.S. § 12-275-103

12-275-103. Practice of optometry defined - prescribing drugs - therapeutic optometrist - rule. (1) (a) As used in this article 275, the practice of optometry means the evaluation, diagnosis, prevention, or treatment of diseases, disorders, or conditions of the vision system, eyes, and adjacent and associated structures, including the use or prescription of lenses, prisms, vision therapy, vision rehabilitation, and prescription or nonprescription drugs including schedule II controlled narcotic substances limited to hydrocodone combination drugs and schedule III, IV, and V controlled narcotic substances for ocular disease, so long as an optometrist is practicing within the scope of his or her education as is commonly taught in accredited schools and colleges of optometry and is practicing in accordance with applicable federal and Colorado law and board rules.

(b)  The following are part of the practice of optometry:


(I)  The removal of superficial foreign bodies from the human eye or its

appendages;

(II)  Postoperative care in the following situations:


(A)  With referral from a physician;


(B)  If ninety days have expired after the surgery unless the physician

justifies medically indicated reasons for extending the postoperative period; and

(C)  If the patient has been released by the physician;


(III)  The treatment of anterior uveitis;


(IV)  The treatment of glaucoma with all topical and oral antiglaucoma drugs;


(V)  Epilation;


(VI)  Dilation and irrigation of the lacrimal system;


(VII)  Punctal plug insertion and removal;


(VIII)  Anterior corneal puncture;


(IX)  Corneal scraping for cultures;


(X)  Debridement of corneal epithelium;


(XI)  Removal of corneal epithelium;


(XII)  Injections for the treatment of conditions or diseases of the eye or

eyelid, excluding intraocular injections penetrating the globe;

(XIII)  The use of a local anesthetic in conjunction with the primary treatment

of an eyelid lesion;

(XIV)  Removal and biopsy of eyelid lesions without characteristics or obvious

signs of malignancy, excluding lesions involving the eyelid margin or larger than five millimeters in size;

(XV)  Incision and curettage of a chalazion;


(XVI)  Simple repair of an eyelid laceration no larger than two and one-half

centimeters and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures;

(XVII)  Corneal cross-linking; and


(XVIII)  Laser capsulotomy, laser peripheral iridotomy, and laser

trabeculoplasty.

(c)  Any person who is engaged in the prescribing or performing without

referral of visual training or orthoptics; the prescribing of any contact lenses, including plano or cosmetic contact lenses; the fitting or adaptation of contact lenses to the human eye; the use of scientific instruments to train the visual system or any abnormal condition of the eyes for the correction or improvement of, or the relief to, the visual function, or who holds oneself out as being able to do so, is engaged in the practice of optometry.

(d)  The practice of optometry does not include:


(I)  Surgery of or injections into the globe, orbit, eyelids, or ocular adnexa.

Surgery means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means.

(II)  The use of schedule I or II narcotics, except for hydrocodone combination

drugs;

(III)  Treatment of posterior uveitis; or


(IV)  The use of injectable drugs, except for the use of an epinephrine auto-injector to counteract anaphylactic reaction.


(2)  A licensed optometrist who uses or prescribes prescription or

nonprescription drugs shall provide the same level and standard of care to his or her patients as the standard of care provided by an ophthalmologist using or prescribing the same drugs.

(3)  A therapeutic optometrist is an optometrist licensed pursuant to this

article 275 who meets the requirements of section 12-275-113 (2) and (4). A licensed optometrist shall not use prescription or nonprescription drugs for treatment of eye disease or disorder or for any therapeutic purpose unless he or she is a therapeutic optometrist.

(4)  Nothing in this section prohibits an optometrist from charging a fee for

prescribing, adjusting, fitting, adapting, or dispensing drugs for ophthalmic purposes and ophthalmic devices, such as contact lenses, that are classified by the federal food and drug administration as a drug or device, as long as the drug prescribed, dispensed, or delivered by the ophthalmic device is not a schedule I or II controlled substance, with the exception of hydrocodone combination drugs.

(5)  An optometrist who meets the requirements established by the board

pursuant to sections 12-275-108 (1)(h) and 12-275-113 (4) may treat anterior uveitis and glaucoma.

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

1410, � 1, effective October 1. L. 2022: (1)(b)(X) and (1)(b)(XI) amended and (1)(b)(XII) to (1)(b)(XVIII) added, (HB 22-1233), ch. 398, p. 2830, � 3, effective August 10.

Editor's note: This section is similar to former � 12-40-102 as it existed prior

to 2019.

C.R.S. § 13-21-121

13-21-121. Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions. (1) The general assembly recognizes that persons who participate in certain agricultural recreation or agritourism activities may incur injuries as a result of the inherent risks involved with these activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage these activities by limiting the civil liability of certain persons involved in providing the opportunity to participate in these activities.

(2)  As used in this section, unless the context otherwise requires:


(a)  Activity instructor or equipment provider means an individual, facility

person, group, club, association, partnership, or corporation, whether or not engaged for compensation, that instructs a participant or that rents, sells, or otherwise provides equipment to a participant for the purpose of engaging in an agricultural recreation or agritourism activity.

(b)  Agricultural recreation or agritourism activity means an activity related

to the normal course of agriculture, as defined in section 35-1-102 (1), which activity is engaged in by participants for entertainment, pleasure, or other recreational purposes, or for educational purposes, regardless of whether a fee is charged to the participants. Agricultural recreation or agritourism activity also means hunting, shooting, swimming, diving, tubing, and riding or operating a motorized recreational vehicle that occurs on or in proximity to the property of an agricultural operation or an adjacent roadway. Agricultural recreation or agritourism activity includes, but is not limited to, planting, cultivation, irrigation, or harvesting of crops; acceptable practices of animal husbandry; rodeo and livestock activities; and maintenance of farm or ranch equipment. Agricultural recreation or agritourism activity does not include any activity related to or associated with medical marijuana as defined in section 44-10-103 (34) or retail marijuana as defined in section 44-10-103 (57).

(c)  Equipment means a device used to engage in an agricultural recreation

or agritourism activity.

(d)  Facility means a privately owned and operated farm, ranch, or a public

property that is leased or rented and under the control of the person defined in paragraph (e) of this subsection (2) on which the opportunity to engage in one or more agricultural recreation or agritourism activities is offered to a participant, regardless of whether it is situated in an incorporated area or unincorporated area.

(e)  Facility person means a person who owns, leases, operates, manages, is

an independent contractor to, or is employed at or who volunteers at a facility. For purposes of this paragraph (e) only, person includes any individual, corporation, partnership, association, cooperative, or commercial entity.

(f)  Inherent risks of agricultural recreation or agritourism activities means

those dangers or conditions that are an integral part of such activities, including but not limited to:

(I)  The varied degrees of the skill and experience of the participants;


(II)  The nature of the activity, including but not limited to the equipment used

and the location where the activity is conducted;

(III)  Certain hazards, such as ground conditions, surface grade, weather

conditions, and animal behavior;

(IV)  Collisions with other persons or objects;


(V)  The types and the complexity of equipment used by the participants;


(VI)  Malfunctions with equipment used by the participants;


(VII)  The potential of a participant to act in a negligent manner that may

contribute to injury incurred by the participant or others, such as imprudent showmanship, failing to maintain control over his or her equipment, or not acting within his or her ability.

(g)  Participant means a person who engages in an agricultural recreation

or agritourism activity, whether or not a fee is paid to participate in the activity.

(3)  Except as provided in subsections (4) and (5) of this section, an activity

instructor or equipment provider or facility person is not civilly liable for any property damage or damages for injury to or the death of a participant resulting from the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility. A participant expressly assumes the risk and legal responsibility for any property damage or damages arising from personal injury or death that results from the inherent risk of agricultural recreation or agritourism activities. A participant has the sole responsibility for knowing the range of that person's ability to participate in an agricultural recreation or agritourism activity. It is the duty of a participant to act within the limits of the participant's own ability, to heed all warnings, and to refrain from acting in a manner that may cause or contribute to the injury or death of any person or damage to any property. A participant or a participant's representative may not make any claim against, maintain an action against, or recover from an activity instructor or equipment provider or facility person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility.

(4) (a)  Nothing in subsection (3) of this section shall prevent or limit the

liability of an activity instructor or equipment provider or facility person if the activity instructor or equipment provider or facility person:

(I)  Rented, sold, or otherwise provided equipment to a participant, and knew

that the equipment was faulty, and such equipment was faulty to the extent that it caused the injury;

(II)  Committed an act or omission that constituted gross negligence or willful

or wanton disregard for the safety of the participant and the act or omission was the cause of the injury; or

(III)  Intentionally injured the participant.


(b)  Nothing in subsection (3) of this section shall prevent or limit the liability

of an activity instructor or equipment provider or facility person under liability provisions set forth in the product liability laws.

(c)  A participant is not precluded under this section from suing and

recovering from another participant for injury to person or property resulting from the other participant's act or omission. Notwithstanding any provision of law to the contrary, the risk of injury from another participant shall not be considered an inherent risk or a risk assumed by a participant in an action by the participant against another participant.

(5) (a)  The operator of a facility shall:


(I)  Exercise reasonable care to protect against dangers of which he or she

actually knew; or

(II)  Give warning of any dangers that are ordinarily present on the property.


(b) (I)  The operator of a facility may provide notice of the inherent risks of

agricultural recreation or agritourism activities either by a statement signed by the participant or a sign or signs prominently displayed at the place or places where the agricultural recreation or agritourism activities take place. The statement or sign must set forth the following warning notice:

WARNING

UNDER COLORADO LAW, THERE IS NO LIABILITY FOR THE DEATH OF OR INJURY TO A PARTICIPANT IN AN AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY, PURSUANT TO SECTION 13-21-121, COLORADO REVISED STATUTES.

(II)  The text on the sign must be in black letters at least one inch in height.


Source: L. 2003: Entire section added, p. 1742, � 1, effective July 1. L. 2014:

Entire section amended, (HB 14-1280), ch. 354, p. 1649, � 1, effective July 1. L. 2018: (2)(b) amended, (HB 18-1023), ch. 55, p. 585, � 8, effective October 1. L. 2019: (2)(b) amended, (SB 19-224), ch. 315, p. 2936, � 12, effective January 1, 2020.

C.R.S. § 18-13-112

18-13-112. Hazardous waste violations. (1) No person shall abandon any vehicle containing any hazardous waste or intentionally spill hazardous waste upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.

(2)  As used in this section:


(a) (I)  Abandon means to leave a thing with the intention not to retain

possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.

(II)  It is prima facie evidence of the necessary intent that:


(A)  The vehicle has been left for more than three days unattended and

unmoved; or

(B)  License plates or other identifying marks have been removed from the

vehicle; or

(C)  The vehicle has been damaged or is deteriorated so extensively that it

has value only for junk or salvage; or

(D)  The owner has been notified by a law enforcement agency to remove the

vehicle and it has not been removed within twenty-four hours after notification.

(b) (I)  Hazardous waste means any waste or other material, alone, mixed

with, or in combination with other wastes or materials, which because of its quantity, concentration, or physical or chemical characteristics:

(A)  Causes, or significantly contributes to, an increase in mortality or an

increase in serious irreversible, or incapacitating reversible, illness; or

(B)  Poses a substantial present or potential hazard to human health or the

environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed.

(II)  Hazardous waste also means any waste or other material defined as a

hazardous waste in the rules and regulations promulgated pursuant to the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended by the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.

(c)  Hazardous waste does not include:


(I)  Discharges which are point sources subject to permits under section 402

of the Federal Water Pollution Control Act, as amended;

(II)  Source, special nuclear, or byproduct material as defined by the federal

Atomic Energy Act of 1954, as amended;

(III)  Agricultural waste;


(IV)  Domestic sewage which includes final use for beneficial purposes,

including fertilizer, soil conditioner, fuel, and livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable standards of the department;

(V)  Irrigation return flows;


(VI)  Inert materials deposited for construction fill or topsoil placement in

connection with actual or contemplated construction at such location or for changes in land contour for agricultural purposes; or

(VII)  Any waste or other materials exempted or otherwise not regulated as a

hazardous waste in the rules and regulations promulgated pursuant to the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended by the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.

(d)  Inert material means non-water-soluble and nondecomposable inert

solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and such other non-water-soluble and nondecomposable inert solids.

(e)  Vehicle means any device which is capable of moving itself, or of being

moved, from place to place upon wheels or endless tracks. The term includes but is not limited to any motor vehicle, trailer, or semitrailer.

(3) (a)  A person who violates this section by intentionally spilling hazardous

waste commits a class 4 felony.

(b)  A person who violates this section by abandoning a vehicle containing

hazardous waste commits a class 5 felony.

Source: L. 81: Entire section added, p. 977, � 22, effective July 1. L. 92:

IP(2)(b)(I) amended, p. 1258, � 15, effective August 1. L. 2023: (3) amended, (HB 23-1293), ch. 298, p. 1793, � 50, effective October 1.

Cross references: For the penalty for other hazardous waste violations, see �

25-15-310; for the penalty for causing or contributing to the occurrence of a hazardous substance incident, see � 29-22-108; for penalties for violations of the Hazardous Materials Transportation Act of 1987, see �� 42-20-109, 42-20-111, 42-20-204, and 42-20-305.

C.R.S. § 23-31-301

23-31-301. Legislative declaration. (1) The general assembly hereby finds that:

(a)  The management of Colorado's state-owned forested land has far-reaching impacts on overall forest condition, risk of wildfire, water quantity and

quality, and wildlife habitat;

(b)  The unnatural condition of many forests throughout the state leaves

them at great risk to catastrophic fires, invasion by exotic and native pest species, and other types of damage on a landscape scale;

(c)  As a result of the 2002 wildfire season, the worst in Colorado's recorded

history, in which two thousand twelve fires consumed over half a million acres of forested land:

(I)  Local, state, and federal agencies incurred one hundred fifty-two million

dollars in suppression costs and at least fifty million dollars to date in rehabilitation costs on United States forest service land alone; and

(II)  Eighty-one thousand four hundred thirty-five residents had to be

evacuated from their homes;

(d)  Excessive runoff and soil erosion that occurs following wildfires poses a

substantial threat to water quantity and quality in areas dependent on forest watersheds, including water supplies and wildlife;

(e)  Since 1937, United States forest service scientists have been studying

the relationship between forests and water yields in the Fraser experimental forest in western Colorado and have found that unnaturally overgrown stands reduce water yields and that carefully applied natural forest management practices can conserve a more natural water yield;

(f)  Decades of scientific research have built a foundation of knowledge and

technologies to inform and implement sound forest management and conservation;

(g)  Robust, resilient forest conditions that sustain diverse forest stages are

essential for productive habitat, healthy populations of wildlife, and improved water quality and quantity for Colorado's fisheries;

(h)  Sound forest management activities, such as thinning, prescribed

burning, and insect and disease treatments, improve the overall diversity and vigor of forested landscapes as well as the condition of related water, wildlife, recreation, and aesthetic resources;

(i)  The Colorado state forest service has worked cooperatively and

successfully with the division of parks and wildlife and the state board of land commissioners to improve the condition of forested land and wildlife habitat in selected project areas;

(i.5)  These goals will be further advanced through the coordination of efforts

to create community-based solutions to restore Colorado forest ecosystems, promote forest industries, and stimulate rural economies through the generation of clean energy from forest biomass;

(j)  The executive director of the department of natural resources is

authorized to enter into an agreement with the board of governors of the Colorado state university system to work cooperatively with the Colorado state forest service and to provide staff for the division of forestry to carry out its mission of improving the health and sustainability of Colorado's forested state land.

(2) (a)  The general assembly hereby declares that it is the public policy of

this state to encourage the health of forest ecosystems through responsible management of the forest land of the state and through coordination with the United States secretary of the interior and the United States secretary of agriculture to develop management plans for federal lands within the state of Colorado pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712, including the use of other pre-suppression activities, such as the harvest and profitable utilization of materials, in order to: Preserve forest and other natural resources; enhance the growth and maintenance of forests; conserve forest cover on watersheds; protect recreational, wildlife, and other values; promote stability of forest-using industries; and prevent loss of life and damage to property from wildfires and other conflagrations.

(b)  In addition to any other powers and duties conferred upon the Colorado

state forest service by law, the Colorado state forest service may:

(I)  Value forest materials on state lands using lowest market value as an

incentive to maximize the utilization of these products; and

(II)  Collaborate with the United States forest service and the bureau of land

management to contract for a reliable source of feedstock consistent with Colorado communities' plans for utilization of forest biomass described in section 23-31-312 (3.5).

Source: L. 2007: Entire article amended with relocations, p. 533, � 2,

effective August 3. L. 2012: (2) amended, (HB 12-1283), ch. 240, p. 1068, � 6, effective July 1. L. 2013: (1)(i.5) added and (2) amended, (SB 13-273), ch. 406, p. 2373, � 2, effective June 5. L. 2014: (2)(a) amended, (HB 14-1363), ch. 302, p. 1267, � 19, effective May 31. L. 2015: (2)(a) amended, (SB 15-264), ch. 259, p. 957, � 57, effective August 5.

Editor's note: This section is similar to former � 23-30-301 as it existed prior

to 2007.

Cross references: For the legislative declaration in the 2012 act amending

subsection (2), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (1)(i.5) and amending subsection (2), see section 1 of chapter 406, Session Laws of Colorado 2013.

C.R.S. § 23-31-310

23-31-310. Forest restoration and wildfire risk mitigation grant program - technical advisory panel - legislative declaration - definitions - repeal. (1) Short title. The short title of this section is the Forest Restoration and Wildfire Risk Mitigation Act.

(1.5)  Legislative declaration. The general assembly hereby:


(a)  Finds that:


(I)  Colorado's forests are fundamentally important to its citizens in providing

clean air and water, recreation and tourism opportunities, wildlife habitat, and wood products;

(II)  Damaging wildfires occur regularly in Colorado due in part to fire

suppression efforts and drought, the result of which are unhealthy, fire-prone forests; and

(III)  Colorado has experienced a significant increase in damaging wildfires

that have destroyed homes, property, and other essential community infrastructure;

(b)  Determines that:


(I)  It is critical that we invest in measures that reduce the probability of

catastrophic fires spreading uncontrollably into our communities in areas of the wildland-urban interface and reduce the financial costs of wildfire in Colorado;

(II)  Increasing our efforts to thin or otherwise manage to improve the forests

in Colorado would keep our forests healthy and help mitigate risks associated with catastrophic wildfires that endanger lives, property, watersheds, and critical infrastructure;

(III)  Consolidating existing state grant programs will provide the necessary

resources to the Colorado state forest service to allow the agency to continue to address watershed wildfire risks and forest health conditions in Colorado; augment its technical capacity to assess and reduce wildfire risk to people, property, and infrastructure; support implementation of community wildfire protection plans; enhance its technical outreach capabilities; and provide loans and grants for market-based forest treatment solutions to reduce wildfire risk, protect watersheds, and improve forest health;

(IV)  Maintaining proper funding for a combined grant program will ensure

that necessary resources are available to both reduce wildfire risk and improve forest health; and

(V)  Given the challenging conditions of Colorado's forests and the imminent

risks of catastrophic wildfire, it is critical that state funding of the grants program be increased for the 2019-20 state fiscal year and that grant money be expended on an expedited basis to the greatest extent practicable to fulfill the purposes of this section; and

(c)  Declares that it intends to provide aid and guidance for catastrophic

wildfire risk mitigation and forest health improvements by authorizing a competitive grant program to assist with funding community-level actions across the entire state that are implemented to protect populations and property in the wildland-urban interface and to promote forest health and the utilization of woody material, including traditional forest products and biomass energy.

(2)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Accredited Colorado youth corps means a youth corps organization that

is accredited by the Colorado youth corps association.

(b)  Director means the director of the forest service.


(c)  Forest service means the Colorado state forest service identified in

section 23-31-302 and the division of forestry created in section 24-33-104.

(d)  Fuel means living and dead combustible vegetation that can feed a fire,

including grass, leaves, pine boughs, shrubs, and trees.

(e)  Hazardous fuel reduction treatment means a treatment that removes or

reduces vegetative fuel, including mechanical, manual, broadcast burning, and pile burning fire treatments, or reduces structural ignitability in order to:

(I)  Diminish the potential damage arising from a catastrophic wildfire;


(II)  Enhance the ability of emergency personnel to safely influence the

spread of wildfire; or

(III)  Improve landscape-scale forest health conditions.


(f)  Wildland-urban interface or WUI means an area where:


(I)  Human development is close to wildland vegetation; and


(II)  There exists a high potential for a wildland fire.


(3)  Grant projects. The forest service shall issue a statewide request for

proposals for cost-share grants for projects that are designed through a collaborative community process. The projects may be entirely on, or on any combination of, private, state, county, or municipal forest lands. Projects may also be on federal lands, so long as the project maintains continuity across a landscape including federal lands and the area of the federal lands does not exceed the combined area of the nonfederal lands involved in the project. The grant share of an individual project cost must not exceed fifty percent of the total cost of the project. In the case of a project that is located in an area with fewer economic resources, the grant share of an individual project cost must not exceed seventy-five percent of the total cost of the project. The remaining portion of the project's funding may be in the form of cash, stumpage, or in-kind contribution. In meeting the match requirements under this subsection (3), a project may be funded, in whole or in part, from gifts, grants, or donations received from any organization, entity, or individual. In measuring an in-kind contribution for purposes of meeting the fifty percent and twenty-five percent matches required by this subsection (3), in-kind contribution may include volunteer hours provided by the staff of an entity or organization applying for grant funding and the time for which staff receives monetary compensation in the form of salary or other financial benefits. Such compensated time that counts toward the in-kind contribution is limited to the estimated time of paid staff in planning and implementing the mitigation project. The forest service shall establish a policy that specifies the criteria by which a particular project will satisfy the requirement of this subsection (3) that it is located in an area with fewer economic resources, as applicable.

(4)  Eligibility requirements. To be eligible to receive funding under this

section, a project must:

(a)  Reduce the risk to people and property in the wildland-urban interface

and promote forest health;

(b)  Address one or more of the following objectives for the purpose of

protecting water supplies:

(I)  Reducing the threat of large, high-intensity wildfires and the negative

effects of excessive competition between trees by restoring ecosystem functions, structures, and species composition, including the reduction of nonnative species populations;

(II)  Preserving old and large trees to the extent consistent with ecological

values and science;

(III)  Replanting trees in deforested areas if such areas exist in the proposed

project area; and

(IV)  Improving the use of, or adding value to, small diameter trees;


(c)  Comply with all applicable federal and state environmental laws;


(d)  Repealed.


(e)  Incorporate current scientific forest restoration information;


(f)  Include an assessment to:


(I)  Identify both the existing ecological condition of the proposed project

area and the desired future condition; and

(II)  Report, upon project completion, to the forest service on the number of

acres treated, cost per acre to treat, tonnage of material generated, number of jobs created, and use of any forest products generated; and

(g)  Leverage state funding through in-kind, stumpage, or cash matching

contributions.

(4.3)  In addition to satisfying subsection (4) of this section, a grant project

that receives funding under this section may also support ongoing maintenance efforts by eligible recipients to reduce the threat of large, high-intensity wildfires.

(4.4)  Additional funding objectives. As part of the submission of grant

applications under this section, the forest service encourages applicants to include on their grant application information that indicates whether the project is supported by a diverse and balanced group of stakeholders as well as appropriate federal, state, county, and municipal government representatives in the design, implementation, and monitoring of the project.

(4.5)  Eligible recipients. Eligible grant recipients include:


(a)  Local community groups, including homeowners' associations or

neighborhood associations, that are within close proximity to the WUI;

(b)  Local government entities within or adjacent to the WUI;


(c)  Public or private utilities, including water providers, with infrastructure or

land ownership in areas of high risk for catastrophic wildfires;

(d)  State agencies, such as the state land board or the division of parks and

wildlife, that own lands or property in areas of high risk for catastrophic wildfires;

(e)  Nonprofit groups that promote hazardous fuel reduction treatment

projects in partnership with local, state, or private entities;

(f)  A fire protection district, as defined in section 32-1-103 (7); and


(g)  A nonprofit organization or entity engaged in firefighting or fire

management activities.

(5)  Technical advisory panel. The director shall convene a technical advisory

panel to evaluate the proposals for forest restoration and wildfire risk mitigation grants and provide recommendations regarding which proposals would best meet the objectives of this section. The panel shall consider eligibility criteria established in subsections (4) and (4.5) of this section, a project's effect on long-term forest management, and the number of acres treated for state dollars spent and seek to use a consensus-based decision-making process to develop such recommendations. For hazardous fuel reduction projects pursuant to subsection (4)(a) of this section, the panel shall show preference to applicants that have adopted or plan to adopt local measures that reduce wildfire risks to people, property, and infrastructure that complement funds provided through the program. Stronger measures shall receive greater preference, while taking into account geographic differences and needs for mitigation. A panel member shall recuse himself or herself if he or she has an actual or potential conflict of interest with respect to a grant applicant. The panel is composed of members to be appointed by the director. The composition of the panel includes at least:

(a)  An official to represent the department of natural resources;


(b)  One representative from federal land management agencies;


(c)  One independent scientist with experience in forest ecosystem

restoration;

(d)  An official to represent the department of public safety;


(e)  One member who represents a county or municipal government with

jurisdiction over an area of the WUI;

(f)  One member who represents the traditional forest products industry;


(g)  One member who represents the biomass energy products industry;


(h)  One member who represents a nonprofit collaborative group involved

with the mitigation of catastrophic wildfires in Colorado and the maintenance and improvement of ecological health; and

(i)  Two members with expertise in water and watershed management.


(6)  Proposal selection. After consulting with the technical advisory panel

established in subsection (5) of this section, the forest service shall select the proposals that will receive funding through this section. In carrying out approved projects, the project proponents shall, whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. The general assembly encourages the forest service to modify its administrative policies and procedures under this section to enable funding to be provided to grant recipients in March to enable wildfire mitigation to commence before the prime wildfire season starts in June.

(7)  Repealed.


(8)  Administrative costs. The forest service may utilize no more than seven

percent of any amounts appropriated in any fiscal year for its direct and indirect costs in administering the program.

(8.2)  Community watershed restoration and wildfire risk mitigation. (a)  In

order to support communities and land managers in efforts to reduce risk to people and property and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, particularly public water supply and high-quality wildlife habitat, the forest service shall:

(I)  Hire additional field capacity to support the implementation of forest

restoration and wildfire risk mitigation program grants awarded pursuant to this section;

(II)  In awarding grants pursuant to this section, give additional emphasis to

projects that substantially leverage additional financial resources or that have been identified through a community-based collaborative process.

(b) (I)  The forest service may use the unencumbered balance of the forest

restoration and wildfire risk mitigation grant program cash fund created in subsection (8.5) of this section for the purpose of complying with this subsection (8.2).

(II)  This subsection (8.2)(b) is repealed, effective September 1, 2028.


(8.3)  Grant program. (a)  The forest service shall develop and administer the

program in consultation with the technical advisory panel created in subsection (5) of this section. In developing the program, the forest service shall:

(I)  Dedicate up to twenty-five percent of the money available in the forest

restoration and wildfire risk mitigation grant program cash fund, created in subsection (8.5) of this section, to fund capacity-building efforts to provide local governments, community groups, and collaborative forestry groups with the resources and staffing necessary to plan and implement forest restoration and wildfire risk mitigation projects, including community and partner outreach and engagement, identifying priority project areas, prescription planning, and acquiring community equipment for use by landowners;

(II)  Dedicate up to five percent of the money available in the fund to be used

by the forest service to:

(A)  Monitor grant recipients' compliance with the grant program; and


(B)  Measure the grant program's effectiveness;


(III)  Require a grant applicant to demonstrate that:


(A)  The grant applicant has available, or will have available before

implementation of the project, matching funds in the form of a dollar-for-dollar match or the value of in-kind contributions for the project. A project's matching funds may come from federal sources or state sources, but no more than fifty percent of the matching funds may come from state sources; except that, if the grant applicant is a state agency, more than fifty percent of the matching funds may come from other state sources.

(B)  The proposed project includes a plan for utilizing any woody material

generated by the project, including traditional forest products and biomass energy products. The forest service shall offer technical support to grant applicants to assist with the development of the applicant's plan for utilizing forest products. The forest service shall inform applicants of the availability of its technical support.

(IV)  Encourage a grant applicant, where feasible, to utilize the labor of:


(A)  Youth and young adults participating in a Colorado youth corps

organization accredited by the Colorado youth corps association; or

(B)  Veterans participating in an accredited Colorado corps program serving

veterans;

(V)  In consultation with the technical advisory panel created in subsection (5)

of this section, establish the information to be included in the grant application, including a description of the proposed project; and

(VI)  Establish a plan for administering the grant program, including the

development of:

(A)  Periodic reporting requirements;


(B)  Tools for monitoring and tracking grant projects; and


(C)  Measures for assessing the progress of grant projects.


(b)  Annually and in a final report to be presented before the end of the

regular session in 2018, the forest service shall report to the agriculture, livestock, and natural resources committee in the Colorado house of representatives and the agriculture, natural resources, and energy committee in the Colorado senate, or their successor committees, regarding the progress of the grant program, including information concerning the:

(I)  Number of acres treated;


(II)  Cost per acre to treat;


(III)  Tonnage of material generated;


(IV)  Number of jobs created;


(V)  Use of any forest products generated; and


(VI)  The grant program's ability to achieve its stated goals.


(c)  On and after the repeal of part 4 of article 7 of title 36, the forest service

shall administer pursuant to this section all grants made pursuant to that part 4 before its repeal.

(8.5)  Forest restoration and wildfire risk mitigation grant program cash

fund. (a) There is hereby created in the state treasury the forest restoration and wildfire risk mitigation grant program cash fund. The department of higher education shall administer the fund, which consists of:

(I)  All money transferred by the treasurer as specified in subsection (8.7) of

this section;

(II)  All money that was in the wildfire risk reduction fund created in section

36-7-405 prior to the repeal of that fund. As soon as possible after December 31, 2017, the state treasurer shall transfer the unencumbered fund balance of the wildfire risk reduction fund as of month-end close on December 31, 2017, to the forest restoration and wildfire risk mitigation grant program cash fund.

(III)  Any other money appropriated or transferred to the fund by the general

assembly.

(b)  All money in the fund is continuously appropriated to the department of

higher education for allocation to the board of governors of the Colorado state university system for the forest restoration and wildfire risk mitigation grant program specified in this section. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(8.7)  Repealed.


(8.8)  It is the intent of the general assembly that any additional amount of

money appropriated for the 2019-20 state fiscal year to the fund created in subsection (8.5)(a) of this section be expended on grants that will support the maximum number of effective forest management fuels reduction projects to reduce the impacts to life, property, and critical infrastructure caused by wildfire.

(9)  Repeal.  This section is repealed, effective September 1, 2029.


Source: L. 2007: Entire section added, p. 1324, � 1, effective May 29. L. 2008:

(8.5) added and (9) amended, pp. 1535, 1534, �� 6, 1, effective May 28. L. 2012: (6), (8), (8.5), and (9) amended and (7) repealed, (HB 12-1032), ch. 69, p. 238, � 1, effective March 24. L. 2017: (8.5)(a)(I) amended and (8.7) added, (SB 17-259), ch. 190, p. 689, � 1, effective May 3; (1), (2), (3), IP(4), (4)(a), (4)(f)(II), (5), (6), (8.5), and (9) amended and (1.5), (4.5), (8.2), and (8.3) added, (SB 17-050), ch. 34, p. 99, � 4, effective July 1. L. 2018: (8.7) amended, (HB 18-1338), ch. 201, p. 1308, � 1, effective May 4. L. 2019: (1.5)(b)(V) and (8.8) added and (8.5)(a) amended, (HB 19-1006), ch. 398, p. 3537, � 1, effective May 31; (8.3)(a)(III)(B) amended, (SB 19-241), ch. 390, p. 3467, � 21, effective August 2. L. 2020: (3), (4.5)(d), (6), and (9) amended, (4)(d) repealed, and (4.3), (4.4), (4.5)(f), and (4.5)(g) added, (HB 20-1057), ch. 78, p. 318, � 1, effective September 14. L. 2021: (8.7) amended, (SB 21-054), ch. 18, p. 95, � 1, effective March 21; (3) and IP(5) amended, (SB 21-221), ch. 91, p. 372, � 1, effective May 4; (3), IP(5), (8), (8.2)(a)(I), (8.2)(b)(II), and (8.3)(a)(I) amended, (SB 21-258), ch. 238, p. 1248, � 2, effective June 15; (8.5)(a)(I) amended, (SB 21-281), ch. 255, p. 1501, � 8, effective June 18. L. 2022: (5) amended, (SB 22-212), ch. 421, p. 2976, � 51, effective August 10; (8.7)(c) added, (HB 22-1012), ch. 341, p. 2450, � 2, effective August 10.

Editor's note: (1)  This section was numbered as � 23-30-311 in House Bill 07-1130 but was harmonized with House Bill 07-1254 and relocated.


(2)  Amendments to subsections (3) and IP(5) by SB 21-221 and SB 21-258

were harmonized.

(3)  Subsection (8.7)(c)(II) provided for the repeal of subsection (8.7),

effective July 1, 2023. (See L. 2022, p. 2450.)

Cross references: For the legislative declaration in SB 21-281, see section 1

of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in SB 21-258, see section 1 of chapter 238, Session Laws of Colorado 2021.

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. § 23-31-316

23-31-316. Colorado forest health council - legislative declaration - repeal. (1) Legislative declaration. The general assembly hereby:

(a)  Finds that:


(I)  The forest health advisory council was created pursuant to House Bill 16-1255 within the Colorado state forest service to provide a collaborative forum to

advise the state forester on a range of issues, opportunities, and threats with regard to Colorado's forests;

(II)  Since then, the council has met regularly to develop forest health

priorities and recommendations, provide early and ongoing input on the development of the forest action plan, and convene discussions on issues such as landscape-scale planning, prescribed fires, watershed health, federal funding, and other topics; and

(III)  During the 2020 fire season, Colorado experienced its three largest

wildfires in recorded history, with wildfires statewide burning over six hundred twenty-five thousand acres and costing at least two hundred eighty-five million dollars to suppress; and

(b)  Determines that:


(I)  The challenges facing Colorado's forests, from invasive species to wildfire

activity, have become increasingly serious and complex;

(II)  The trend towards larger, more destructive, more frequent wildfires is

expected to continue in the years to come as a result of historical fire suppression practices and ongoing climate-change-induced shifts in weather conditions and forest health; and

(III)  Investments in forest health and wildfire mitigation help avoid more

expensive fire suppression and recovery costs and provide multiple benefits to individuals as well as society, including protection of lives and property, watersheds, wildlife habitat, livelihoods, and air quality; carbon sequestration; and opportunities for recreation and solace; and

(c)  Declares that:


(I)  As the issues related to forest health and wildfire mitigation have evolved,

so has the manner in which the state seeks to address them, and creating a Colorado forest health council within the department of natural resources to report to the governor and the general assembly is the most effective and integrated structure through which to do so; and

(II)  Establishing the Colorado forest health council serves the interest of the

state and local communities in developing effective strategies for forest health and wildfire mitigation.

(2)  Council created. There is hereby created within the division of forestry in

the department of natural resources the Colorado forest health council, referred to in this section as the council, to provide a collaborative forum to advise the governor and general assembly on a broad range of issues, opportunities, and threats with regard to Colorado's forests.

(3)  Membership. (a)  The council consists of the following twenty-six

members:

(I)  The following ex officio members or there designees:


(A)  The executive director of the department of natural resources, who is the

chair of the council;

(B)  The state forester appointed pursuant to section 23-31-207;


(C)  The director of the division of fire prevention and control appointed

pursuant to section 24-33.5-1201;

(D)  The regional forester or deputy regional forester for the United States

forest service region 2;

(E)  The forestry program lead for the federal bureau of land management in

Colorado;

(F)  The state conservationist for the natural resources conservation service

in the United States department of agriculture;

(II)  The following members appointed by the governor:


(A)  An employee of the Colorado office of economic development created in

section 24-48.5-101 with a leadership role and expertise in outdoor recreation;

(B)  One member who is an enrolled member of a tribe that has a reservation

within Colorado;

(C)  Four county commissioners, two of whom must represent a county west

of the continental divide and two of whom must represent a county east of the continental divide;

(D)  One member who is employed or associated with a forest collaborative

organization;

(E)  One member who is a forest scientist or is employed in a forest research

position and has climate science expertise;

(F)  One member who is employed by a research institution and who has

forest policy expertise;

(G)  Two members employed by a water supplier, including a municipal

drinking water supplier and an irrigation water supplier, one of whom must reside in a county west of the continental divide and one of whom must reside in a county east of the continental divide;

(H)  One member who is employed by or associated with the timber industry;


(I)  One member who is employed by or associated with a conservation

organization;

(J)  One member who is employed by or associated with the insurance

industry;

(K)  One member who is employed by a public utility that owns or operates

transmission facilities;

(L)  One member who owns a ranch and owns grazing rights on public lands;


(M)  One member who is employed by or associated with a wildlife

organization; and

(N)  One member who is employed by or associated with an organization that

advocates for motorized recreation; and

(III)  Two members of the general assembly, including a majority and minority

representative from the wildfire matters review committee, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;

(b)  The term of each council member is five years; except that the terms of

council members appointed pursuant to subsection (3)(a)(II) of this section is three years.

(4)  Powers and duties. (a)  The mission of the council is to improve forest

health in Colorado through an integrated, science-based, statewide approach focused on collaboration among federal, state, and local governments, and private and nonprofit partners, to mitigate wildfire, restore ecological health, safeguard communities and water supplies, mitigate and adapt to climate change, support local economies, and protect recreational settings, as appropriate, across all jurisdictional boundaries.

(b)  In furtherance of its mission, the council shall engage in at least the

following activities:

(I)  Making recommendations for forest health and wildfire mitigation

capacity building and funding;

(II)  Development of, and recommendations for, attaining a thirty-year vision

for forest health in Colorado, including developing goals and both annual and multi-year recommendations for actions to improve forest health and reduce fire risk through increased funding and capacity building;

(III)  Landscape-scale planning to identify state-level priorities for forest

restoration, wildfire risk reduction, and related management; key barriers inhibiting the achievement of those priorities; and solutions to overcome those barriers;

(IV)  Monitoring trends related to forest ecosystem health, including those

related to climate adaptation, and advising on opportunities for state-level action;

(V)  Monitoring and identifying opportunities to support and promote synergy

across forest-based collaboratives in the state, including coordinating state funding sources and sharing best practices;

(VI)  Identification of strategies for building sustained capacity to conduct

forest restoration and wildfire mitigation work at scale through collaboration across multiple agencies, organizations, and jurisdictions; public-private partnerships; innovative public and private funding vehicles; shared stewardship; and other solutions, with emphasis on leveraging and maximizing the impact and reach of state funding;

(VII)  Identification of workforce development challenges and opportunities,

as well as potential regional and statewide economic benefits, associated with a significant increase in wildfire mitigation and forest restoration activities;

(VIII)  Development and support of solutions to manage and utilize woody

material produced by mitigation work, including consideration of climate change and ecological impacts;

(IX)  Development of legislative and regulatory recommendations for policies

that could support wildfire mitigation and forest restoration goals; and

(X)  Providing technical expertise and recommendations to inform the

general assembly, the executive branch, and federal and local agencies on forest health and wildfire mitigation issues.

(5)  Staff support. The division shall provide office space, equipment, and

staff services as may be necessary to implement this section.

(6)  Reports. At a minimum, the council shall annually brief the wildfire

matters review committee created in section 2-3-1602 and submit an annual report to the governor.

(7)  Repeal. This section is repealed, effective September 1, 2026. Before the

repeal, this section is scheduled for review in accordance with section 2-3-1203.

Source: L. 2016: Entire section added, (HB 16-1255), ch. 113, p. 320, � 2,

effective April 21. L. 2021: (3) amended, (SB 21-136), ch. 198, p. 1055, � 1, effective September 1; Entire section R&RE (SB 21-237), ch. 288, p. 1704, � 2, effective September 2.

Editor's note: Subsection (3) was amended in SB 21-136. Those amendments

were superseded by the repeal and reenactment of this section in SB 21-237, effective September 2, 2021. For the amendments to subsection (3) in SB 21-136 in effect from September 1, 2021, to September 2, 2021, see chapter 198, Session Laws of Colorado 2021. (L. 2021, p. 1055)

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. § 23-31-610

23-31-610. Objects of stations. The object of the agricultural experimental stations is to determine the adaptability of crops of grain, grasses, root crops, and all other growths which may grow in this latitude and the most economical method of producing the best results in growing such crops with and without irrigation.

Source: L. 2007: Entire article amended with relocations, p. 542, � 2,

effective August 3.

Editor's note: This section is similar to former � 23-33-110 as it existed prior

to 2007.

C.R.S. § 24-10-103

24-10-103. Definitions. As used in this article 10, unless the context otherwise requires:

(1)  Controlled agricultural burn means a technique used in farming to clear

the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel buildup and decrease the likelihood of a future fire.

(1.3)  Dangerous condition means either a physical condition of a facility or

the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity or public employee in constructing or maintaining such facility. For the purposes of this subsection (1.3), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. A dangerous condition shall not exist solely because the design of any facility is inadequate. The mere existence of wind, water, snow, ice, or temperature shall not, by itself, constitute a dangerous condition.

(1.5)  Health-care practitioner means a physician, dentist, clinical

psychologist, or any other person acting at the direction or under the supervision or control of any such persons.

(2)  Injury means death, injury to a person, damage to or loss of property, of

whatsoever kind, which, if inflicted by a private person, would lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant.

(2.5)  Maintenance means the act or omission of a public entity or public

employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure. Maintenance does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.

(2.7)  Motor vehicle means a motor vehicle as defined in section 42-1-102,

C.R.S., and a light rail car or engine owned or leased by a public entity.

(3) (a)  Operation means the act or omission of a public entity or public

employee in the exercise and performance of the powers, duties, and functions vested in them by law with respect to the purposes of any public hospital, jail, or public water, gas, sanitation, power, or swimming facility. Operation does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.

(b)  The term operation shall not be construed to include:


(I)  A failure to exercise or perform any powers, duties, or functions not

vested by law in a public entity or employee with respect to the purposes of any public facility set forth in paragraph (a) of this subsection (3);

(II)  A negligent or inadequate inspection or a failure to make an inspection of

any property, except property owned or leased by the public entity, to determine whether such property constitutes a hazard to the health or safety of the public.

(3.5)  Prescribed fire means the application of fire in accordance with a

written prescription for vegetative fuels and excludes a controlled agricultural burn.

(4) (a)  Public employee means an officer, employee, servant, or authorized

volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), authorized volunteer means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity and includes a qualified volunteer as defined in section 24-33.5-802 (9).

(b)  Public employee includes any of the following:


(I)  Any health-care practitioner employed by a public entity, except for any

health-care practitioner who is employed on less than a full-time basis by a public entity and who additionally has an independent or other health-care practice. Any such person employed on less than a full-time basis by a county or a district public health agency and who additionally has an independent or other health-care practice shall maintain the status of a public employee only when such person engages in activities at or for the county or the district public health agency that are within the course and scope of such person's responsibilities as an employee of the county or the district public health agency. For purposes of this subparagraph (I), work performed as an employee of another public entity or of an entity of the United States government shall not be considered to be an independent or other health-care practice.

(II)  Any health-care practitioner employed part-time by and holding a clinical

faculty appointment at a public entity as to any injury caused by a health-care practitioner-in-training under such health-care practitioner's supervision. Any such person shall maintain the status of a public employee when such person engages in supervisory and educational activities over a health-care practitioner-in-training at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as an employee of a public entity.

(III)  Any health-care practitioner-in-training who is duly enrolled and

matriculated in an educational program of a public entity and who is working at either a public entity or a nonpublic entity. Any such person shall maintain the status of a public employee when such person engages in professional or educational activities at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as a student or employee of a public entity.

(IV)  Any health-care practitioner who is a nurse licensed under part 1 of

article 255 of title 12 employed by a public entity. Any such person shall maintain the status of a public employee only when such person engages in activities at or for the public entity that are within the course and scope of such person's responsibilities as an employee of the public entity.

(V)  Any health-care practitioner who volunteers services at or on behalf of a

public entity, or who volunteers services as a participant in the community maternity services program;

(VI)  Any release hearing officer utilized by the department of corrections and

the state board of parole pursuant to section 17-2-217 (1), C.R.S. A release hearing officer shall maintain the status of a public employee only when the release hearing officer engages in activities that are within the course and scope of his or her responsibilities as a release hearing officer.

(VII)  Any administrative hearing officer utilized by the department of

corrections and the state board of parole pursuant to section 17-2-201 (3)(h)(I). An administrative hearing officer shall maintain the status of a public employee only when the administrative hearing officer engages in activities that are within the course and scope of his or her responsibilities as an administrative hearing officer.

(c)  Except for persons identified in subsections (4)(b)(II), (4)(b)(III), and

(4)(b)(V) of this section, public employee shall not include any health-care practitioner or any health-care professional as defined in section 13-64-202 (4) who is employed by the university of Colorado hospital authority unless the practitioner or professional is providing services within the course and scope of the person's responsibilities as an employee or volunteer of the university of Colorado hospital authority in a facility that is either located on the Anschutz medical campus or that is operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The Health Care Availability Act, article 64 of title 13, is applicable to health-care practitioners and health-care professionals employed by the university of Colorado hospital authority that are not immune from liability under section 24-10-118 because of the definition of public employee specified in this subsection (4)(c).

(5)  Public entity means the state, the judicial department of the state, any

county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.

(5.5)  Public sanitation facility means structures and related apparatus

used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature that is operated and maintained by a public entity. Public sanitation facility does not include: A public water facility; a natural watercourse even if dammed, channelized, or containing storm water runoff, discharge from a storm sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or irrigation ditch even if the ditch contains storm water runoff or discharge from storm sewers; a curb and gutter system; or other drainage, flood control, and storm water facilities.

(5.7)  Public water facility means structures and related apparatus used in

the collection, treatment, or distribution of water for domestic and other legal uses that is operated and maintained by a public entity. Public water facility does not include: A public sanitation facility; a natural watercourse even if dammed, channelized, or used for transporting domestic water supplies; a drainage, borrow, or irrigation ditch even if dammed, channelized, or containing storm water runoff or discharge; or a curb and gutter system.

(6)  Sidewalk means that portion of a public roadway between the curb

lines or the lateral lines of the traveled portion and the adjacent property lines which is constructed, designed, maintained, and intended for the use of pedestrians.

(7)  State means the government of the state; every executive department,

board, commission, committee, bureau, and office; and every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. State does not include the judicial department, a county, municipality, city and county, school district, special district, or any other kind of district, instrumentality, political subdivision, or public corporation organized pursuant to law.

Source: L. 71: p. 1205, � 1. C.R.S. 1963: � 130-11-3. L. 82: (4) amended, p. 604,

� 6, effective July 1. L. 86: (1), (2), and (4) amended, p. 874, � 2, effective July 1. L. 87: (4) amended and (1.5) added, p. 929, � 1, effective June 20. L. 88: (4)(b)(I) amended and (4)(b)(IV) and (4)(b)(V) added, p. 893, � 1, effective March 20. L. 92: (1) and (5) amended and (6) added, p. 1115, � 1, effective July 1. L. 93: (4) amended, p. 571, � 1, effective April 30. L. 2002: (4)(b)(VI) added, p. 490, � 1, effective May 24. L. 2003: (1) and (3)(a) amended and (2.5), (5.5), and (5.7) added, p. 1343, � 2, effective July 1. L. 2004: (4)(b)(V) amended, p. 1200, � 61, effective August 4. L. 2007: (2.7) added, p. 1025, � 1, effective July 1. L. 2008: (4)(b)(VII) added, p. 32, � 1, effective March 13; (4)(b)(I) amended, p. 2051, � 2, effective July 1; (4)(a) amended, p. 610, � 2, effective August 5. L. 2012: (1) amended and (1.3), (3.5), and (7) added, (HB 12-1361), ch. 242, p. 1144, � 1, effective June 4. L. 2013: (5) amended, (HB 13-1294), ch. 313, p. 1644, � 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1681, � 51, effective August 7. L. 2018: (4)(b)(VII) amended, (HB 18-1375), ch. 274, p. 1705, � 35, effective May 29. L. 2019: IP and (4)(b)(IV) amended, (HB 19-1172), ch. 136, p. 1687, � 125, effective October 1. L. 2020: (4)(b)(IV) amended, (HB 20-1183), ch. 157, p. 701, � 55, effective July 1; (4)(c) added, (HB 20-1330), ch. 230, p. 1118, � 1, effective September 14.

Editor's note: Section 3(2) of chapter 230 (HB 20-1330), Session Laws of

Colorado 2020, provides that the act changing this section applies to acts or omissions occuring on or after January 1, 2021.

Cross references: (1)  For the exclusion of children ordered to participate in a

work or community service program from the definition of public employee, see � 19-2-308 (8).

(2)  For the legislative declaration contained in the 2003 act amending

subsections (1) and (3)(a) and enacting subsections (2.5), (5.5), and (5.7), see section 1 of chapter 182, Session Laws of Colorado 2003.

C.R.S. § 24-103-1003

24-103-1003. Disparity study - report. (1) (a) The executive director shall commission a state disparity study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of the executive branch of state government as specified in section 24-1-110, including any division, office, agency, or other unit created within a principal department and including institutions of higher education and the Colorado commission on higher education; except that the study shall not include those entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state fiscal years.

(b) (I)  The study must be conducted, and a final report prepared, by an entity

independent of the department that is selected in response to a request for proposal issued in accordance with this code.

(II)  The entities subject to the study pursuant to subsection (1)(a) of this

section shall cooperate fully with the independent contractor engaged to conduct the study.

(c)  The study and final report setting forth the study's methodologies,

findings, and recommendations must be provided by December 1, 2020, to:

(I)  The members of the general assembly; and


(II)  The executive director, who shall transmit a copy of the disparity study

final report produced pursuant to this section to the director of the minority business office created in section 24-49.5-102, which shall post the report on that office's official website.

(d)  The executive director or the executive director's designee shall include

the findings and recommendations from the final report required by subsection (1)(c) of this section in its report to the applicable house and senate committees of reference required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.

(2) (a)  The purposes of the disparity study undertaken pursuant to this

section are:

(I)  To determine whether there is a disparity between the number of qualified

historically underutilized businesses that are ready, willing, and able to perform state contracts for goods and services, and the number of such contractors actually engaged to perform such contracts, which information must be ascertained by evaluating the prime contracts and subcontracts awarded in the following industries:

(A)  Construction, including new construction, remodeling, renovation,

maintenance, demolition and repair of any public structure or building, pipeline construction, and other public improvements;

(B)  Architecture and engineering, including construction management,

landscape architecture, planning, surveying, mapping services, and design, build, and construction services;

(C)  Professional services, including legal services, accounting, information

technology services, medical services, technical services, research planning, and consulting services;

(D)  Brokerage and investment, including banking, asset management, state

retirement, and pension services; and

(E)  Goods and services that may be provided or performed without

professional licensure or special education or training, including, but not limited to, goods and services relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;

(II)  To determine whether, of the total amount spent on state contracts in a

fiscal year, there is a disparity between the percentage of spending attributable to contracts awarded to qualified historically underutilized businesses and the percentage of state contracts that were awarded to historically underutilized businesses in that fiscal year; and

(III)  To determine what changes, if any, should be made to state policies

affecting historically underutilized businesses.

(b)  The disparity study must specifically include the following analyses, both

for the historically underutilized businesses as a group and for each subgroup, as set forth in section 24-103-1002 (3)(a)(II):

(I)  A prime contractor utilization analysis that presents the distribution of

prime contracts by industry;

(II)  A subcontractor utilization analysis that presents the distribution of

subcontracts by the industries described in subsection (2)(a)(I) of this section;

(III)  A market area analysis that presents the legal basis for the geographical

market area determination and defines the state's market area;

(IV)  A prime contractor and subcontractor availability analysis that presents

the distribution of available businesses in the state's market area;

(V)  A prime contractor disparity analysis that presents prime contractor

utilization compared to prime contractor availability by industry and determines whether the comparison is statistically significant;

(VI)  A subcontractor disparity analysis that presents subcontractor

utilization compared to subcontractor availability by industry and determines whether the comparison is statistically significant;

(VII)  A qualitative analysis that presents the business community's

experiences and perceptions of barriers encountered in contracting or attempting to contract with the state; and

(VIII)  Recommendations regarding best management practices and ways to

enhance Colorado's contracting and procurement activities with historically underutilized businesses.

(c) (I)  Any conclusion that discrimination-related disparity exists between the

availability and utilization of historically underutilized businesses must be supported by statistical evidence and may be supplemented or supported by anecdotal evidence.

(II)  If the analysis supports a finding that such disparity exists, the report

must include recommendations to address the disparity, including any statutory changes likely to cure, mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address documented statistical disparities in procurement policies.

(3)  The general assembly may annually appropriate to the department of

personnel such amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and unencumbered money from an appropriation made for the purposes of this part 10 remains available for expenditure by the department for the purposes of this part 10 in the next fiscal year without further appropriation.

Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3415, � 1, effective

July 1.

C.R.S. § 24-103-201

24-103-201. Methods of source selection. (1) Unless otherwise authorized by law, all state contracts shall be awarded as provided in:

(a)  Section 24-103-202, concerning awards solicited by an invitation for bids;


(b)  Section 24-103-203, concerning awards solicited by a request for

proposals;

(c)  Section 24-103-202.3, concerning awards solicited by an invitation for

best value bids;

(d)  Section 24-103-204, concerning small purchases;


(e)  Section 24-103-205, concerning sole source procurements;


(f)  Section 24-103-206, concerning emergency procurements;


(g)  Part 14 of article 30 of this title 24, concerning architect, engineer,

landscape architect, and land surveying services;

(h)  Section 24-103-208, concerning other procurement methods; or


(i)  Part 2 of article 38 of this title 24, concerning public-private initiatives.


Source: L. 81: Entire article added, p. 1266, � 1, effective January 1, 1982. L.

96: (1)(a.5) added, p. 760, � 1, effective July 1. L. 2003: (1)(f) added, p. 1588, � 3, effective May 2. L. 2010: (1)(g) added, (HB 10-1010), ch. 90, p. 309, � 3, effective August 11. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 311, � 14, effective August 9.

C.R.S. § 24-30-1303

24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:

(a)  With the approval of the governor, negotiate and execute leases on

behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;

(a.5)  Notwithstanding section 24-30-1301 (15)(a), with the approval of the

governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;

(b)  With the approval of the governor, negotiate and approve easements and

rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;

(c)  Repealed.


(d)  Supervise and be responsible for the expenditure of funds appropriated

by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;

(e)  Maintain a current record of balances by project in the capital

construction and controlled maintenance funds;

(f)  Cause to be developed and enforced methods of internal control, on

standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;

(g)  Repealed.


(h)  Develop, or cause to be developed, with the approval of the governor,

specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;

(i)  Develop a construction procedures manual for real property, with the

approval of the governor;

(j)  Develop, or cause to be developed, standards of inspection, with the

approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;

(k)  Coordinate initiation of budget requests for those capital construction or

capital renewal projects for which the executive director shall be designated as principal representative by the governor;

(k.5)  Coordinate initiation of budget requests for controlled maintenance

projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.

(l) and (m)  Repealed.


(n) (I)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(II)  Develop, or cause to be developed, methods of control on a standardized

basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.

(o)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(p)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;

(q)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;

(r)  Promulgate rules for independent third-party review of facility program

plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.

(s) (I)  Promulgate rules and regulations for the administration of the bid

procedure and acceptable methods for determining the lowest responsible bidder;

(II)  In cooperation with the project architect, engineer, or consultant, be

responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;

(III)  When directly responsible for the bid procedure, recommend the lowest

responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;

(IV)  Promulgate, with the assistance of the attorney general and the state

controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;

(V)  Review and approve modifications to such standard contract language;


(s.5)  Work with the office of state planning and budgeting, the Colorado

commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;

(t) (I)  Make recommendations on capital construction and capital renewal

project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.

(II)  Be responsible for the preparation of the state's controlled maintenance

budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;

(u) and (v)  Repealed.


(w)  Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction,

assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.

(x) and (y)  Repealed.


(z)  Establish minimum building codes, with the approval of the governor and

the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.

(aa)  Repealed.


(bb)  Develop and maintain a list of the information required to be included in

facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);

(cc)  Develop procedures for the submission of facility management plans

and updates pursuant to section 24-30-1303.5 (3.5); and

(dd)  Review facility management plans and updates submitted pursuant to

section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.

(ee)  (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, � 75,

effective August 5, 2009.)

(ff) (I) (A)  On or before January 1, 2025, adopt and enforce an energy code

that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(B)  On or before January 1, 2030, adopt and enforce an energy code that

achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(II)  Notwithstanding any other provision of this subsection (1)(ff), the office of

the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(III)  Nothing in this subsection (1)(ff) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(A)  Provide incentives or other energy efficiency program services to help

the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or

(B)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).

(IV)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).

(V) (A)  A utility shall be allowed to count mass-based emissions reductions

associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(B)  A utility subject to regulation by the public utilities commission shall not

be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(2)  The provisions of subsection (1) of this section shall not apply to lands

under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.

(3) (a)  All real property, except public roads and highways, projects under

the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.

(b)  Projects under the supervision of the division of parks and wildlife that

are excluded from paragraph (a) of this subsection (3), shall:

(I)  Maintain a current record of balances by capital project, including but not

limited to:

(A)  Planned budgets, actual expenditures, and additions or deletions to and

components of projects; and

(B)  Items categorized for professional services, construction or

improvement, contingencies, and moveable equipment.

(II)  Notwithstanding section 24-1-136 (11)(a)(I), report the current record of

balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.

(c) (I)  All real property under the supervision of the judicial department

erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.

(II)  The judicial department is authorized to hire private construction

managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.

(III)  The judicial department is authorized to perform the responsibilities and

functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.

(4)  When the principal representative is a legislative agency, the principal

representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.

(5) (a)  The office may delegate to state agencies or state institutions of

higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.

(b)  The office may authorize state agencies or state institutions of higher

education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.

(c)  If the state architect determines that the governing board of a state

institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).

(d)  Upon application by any state agency or state institution of higher

education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.

(6)  Nothing in this article is intended to diminish the authority granted to the

judicial department or the state court administrator in Senate Bill 08-206.

(7)  By June 30, 2025, the office of the state architect shall develop, in

coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.

Source: L. 79: Entire part added, pp. 881, 894, �� 1, 2, effective July 1. L. 83:

(4) amended, p. 893 � 1, effective March 22; (1)(c) repealed, p. 896, � 3, effective June 1. L. 89: (5) added, p. 1026, � 1, effective April 27; (1)(k.5) added, p. 1028, � 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, �� 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, � 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, �� 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, � 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, � 57, effective June 1. L. 97: (1)(p) amended, p. 108, � 1, effective March 24. L. 2001: (3) amended, p. 227, � 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, � 2, effective April 29; (1)(ee) added, p. 2502, � 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, � 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, � 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, � 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, � 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, � 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, � 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, � 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, � 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, � 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, � 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, � 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, � 1, effective August 7.

Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa),

effective January 1, 1996. (See L. 93, p. 917.)

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-1401

24-30-1401. Legislative declaration. The purpose of this part 14 is to provide managerial control by the state over competitive negotiations for the acquisition of the professional services provided by architects, industrial hygienists, engineers, landscape architects, and land surveyors. It is hereby declared to be the policy of this state to publicly announce requirements for such professional services, to encourage all qualified persons to put themselves in a position to be considered for a contract, and to negotiate contracts for such professional services on the basis of demonstrated competence and qualification for the types of professional services required and on the basis of the furnishing of such professional services at fair and reasonable fees.

Source: L. 79: Entire part added, p. 890, � 1, effective July 1. L. 97: Entire

section amended, p. 108, � 2, effective March 24.

C.R.S. § 24-30-1402

24-30-1402. Definitions. As used in this part 14, unless the context otherwise requires:

(1)  Certified industrial hygienist means an individual that is certified by the

American board of industrial hygiene or its successor.

(1.5)  Continuing contract means a contract for professional services

entered into pursuant to this part 14 between a state agency or state institution of higher education and a person, whereby the person provides professional services to the state agency or state institution of higher education for work of a specified nature as outlined in the contract required by the state agency or state institution of higher education with no specific time limitation. Any such contract shall provide a termination clause.

(2)  Department means the department of personnel.


(2.2)  Industrial hygienist means an individual who has obtained a

baccalaureate or graduate degree in industrial hygiene, biology, chemistry, engineering, physics, or a closely related physical or biological science from an accredited college or university. The special studies and training of such individual shall be sufficient in the cognate sciences to provide the ability and competency to:

(a)  Anticipate and recognize the environmental factors and stresses

associated with work and work operations and to understand their effects on individuals and their well-being;

(b)  Evaluate on the basis of training and experience and with the aid of

quantitative measurement techniques the magnitude of such environmental factors and stresses in terms of their ability to impair human health and well-being;

(c) (I)  Prescribe methods to prevent, eliminate, control, or reduce such

factors and stresses and their effects.

(II)  Any individual who has practiced within the scope of the meaning of

industrial hygiene for a period of not less than five years immediately prior to July 1, 1997, is exempt from the degree requirements set forth in this subsection (2.2).

(III)  Any individual who has a two-year associate of applied science degree in

environmental science from an accredited college or university and in addition not less than four years practice immediately prior to July 1, 1997, within the scope of the meaning of industrial hygiene is exempt from the degree requirements set forth in this subsection (2.2).

(3)  Person means an individual, a corporation, a limited liability company, a

partnership, a business trust, an association, a firm, or any other legal entity.

(3.5)  Practice of industrial hygiene means the performance of professional

services, including but not limited to consulting, investigating, sampling, or testing in connection with the anticipation, recognition, evaluation, and control of those environmental factors or stresses arising in or from the workplace that may cause sickness, impaired health, or significant discomfort to workers or the public. Practice of industrial hygiene includes but is not limited to the identification, sampling, and testing of chemical, physical, biological, and ergonomic stresses and the development of physical, administrative, personal protective equipment, and training methods to prevent, eliminate, control, or reduce such factors and stresses and their effects. The term does not include the practice of architecture, as defined in section 12-120-402 (5), or the practice of engineering, as defined in section 12-120-202 (6).

(4)  Practice of landscape architecture means the performance of

professional services such as consultation, investigation, reconnaissance, research, planning, design, or responsible supervision in connection with the development of land areas or land use, where and to the extent that the dominant purpose of any such service is the preservation and development of existing and proposed land features, ground surface, planting, naturalistic features, and esthetic values. Practice of landscape architecture includes the design, location, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this subsection (4), but the term does not include the making of land surveys or final engineered plats for official recording, integration of design of structures of earth, or other construction materials.

(5)  Principal representative means the governing board of a state agency

or state institution of higher education or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly.

(6)  Professional services means those services within the scope of the

following:

(a)  The practice of architecture, as defined in section 12-120-402 (5);


(b)  The practice of engineering, as defined in section 12-120-202 (6);


(c)  The practice of professional land surveying, as defined in section 12-120-302 (5);


(d)  The practice of landscape architecture, as defined in subsection (4) of

this section;

(e)  The practice of industrial hygiene, as defined in subsection (3.5) of this

section.

(7)  State agency has the same meaning as set forth in section 24-30-1301

(17).

(8)  State institution of higher education has the same meaning as set forth

in section 24-30-1301 (18).

Source: L. 79: Entire part added, p. 890, � 1, effective July 1. L. 85: (6)(b)

amended, p. 484, � 3, effective May 24. L. 90: (3) amended, p. 447, � 11, effective April 18. L. 95: (2) amended, p. 650, � 57, effective July 1. L. 97: Entire section amended, p. 109, � 3, effective March 24. L. 2006: (3.5) and (6)(a) amended, p. 762, � 21, effective July 1. L. 2014: (1.5), (5), and (7) amended and (8) added, (HB 14-1387), ch. 378, p. 1838, � 37, effective June 6. L. 2019: (3.5), (6)(a), (6)(b), and (6)(c) amended, (HB 19-1172), ch. 136, p. 1687, � 126, effective October 1.

Editor's note: Subsection (2.2) was originally enacted as (1.2) by Senate Bill

97-119 but has been renumbered on revision in 2001 for ease of location.

Cross references: For the legislative declaration contained in the 1995 act

amending subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-1404

24-30-1404. Contracts - definition. (1) The principal representative shall negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative determines in writing to be fair and reasonable. In making such decision, the principal representative shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal representative shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation to be paid by the state agency or state institution of higher education for the professional services are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the principal representative determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.

(2)  If the principal representative is unable to negotiate a satisfactory

contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative shall then undertake negotiations with the second most qualified person. If the principal representative fails to negotiate a contract with the second most qualified person, the principal representative shall formally terminate such negotiations. The principal representative shall then undertake negotiations with the third most qualified person.

(3)  Upon completion of negotiations with the third most qualified person, the

principal representative shall be allowed to enter into renegotiations with any or all of the three most qualified persons to arrive at a satisfactory contractual arrangement, if possible. The principal representative shall have the authority to reject all bids and restructure or redesign the proposed project.

(4)  Each contract for professional services entered into by the principal

representative shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, or professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract.

(5)  Upon any violation of this section, the principal representative shall have

the right to terminate the contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.

(6)  Nothing in this part 14 shall be construed to prohibit continuing contracts

between state agencies or state institutions of higher education and persons providing professional services. All selections, contracts, and negotiations undertaken pursuant to this part 14 and all processes and procedures in connection with such matters shall be in conformity with this part 14.

(7) (a)  Except as provided in subsections (7)(b), (7)(c), (7)(e), and (7)(f) of this

section, any professional services contract entered into pursuant to this part 14 must be executed and encumbered within six months after the date on which the appropriation that includes the project for which the professional services are required becomes law or on or before November 1 of the state fiscal year for which the appropriation that includes the project for which the professional services are required is authorized, whichever is later. If no professional services contract is required for a particular project, the contract with the contractor for the project must be entered into within six months after the appropriation or on or before November 1 of the state fiscal year for which the appropriation is authorized, whichever is later. If a state agency or state institution of higher education determines that the nature of a particular project is such that the deadlines imposed by this section cannot be met, the state agency or state institution of higher education may request the capital development committee to recommend to the controller that the deadline be extended for that project; except that for fee title acquisitions by the division of parks and wildlife in the department of natural resources, the deadline may be waived. The controller, in consultation with the capital development committee, may grant an extension of the deadlines or a waiver, if applicable. An extension that is recommended or granted pursuant to this subsection (7)(a) shall not exceed six months.

(b) (I)  This subsection (7) does not affect any priority established pursuant to

section 44-40-111 (11) in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction.

(II)  For projects funded with net lottery proceeds, any professional services

contract must be executed and encumbered and any contract with the contractor must be entered into within six months of when an agency receives a distribution from such proceeds for a particular project.

(c)  This subsection (7) does not apply to:


(I)  Maintenance, repair, and improvement projects included in the capital

construction section of the general appropriation act or in any supplemental appropriation act for the division of parks and wildlife in the department of natural resources;

(II)  The acquisition of any easement by the division of parks and wildlife in

the department of natural resources;

(III)  Grants for off-highway vehicle trail purposes made pursuant to section

33-14.5-106, C.R.S.;

(IV)  Projects included in the capital construction section of the general

appropriation act for the hazardous materials and waste management division in the department of public health and environment, or in any supplemental appropriation act, which projects are listed as remediation pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or natural resource damage repair, replacement, or restoration.

(V)  Projects under the supervision of the department of transportation;


(VI)  A capital construction project at a state institution of higher education

that is to be constructed solely with cash funds held by the institution, federal funds made available for the project, or a combination of both;

(VII)  The state board of land commissioners, established in article 1 of title

36, in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, or the commercial real property operating fund created in section 36-1-153.7; or

(VIII)  Information technology projects that are overseen by the joint

technology committee pursuant to part 17 of article 3 of title 2. As used in this subsection (7)(c)(VIII), information technology has the same meaning as set forth in section 2-3-1701 (7).

(d)  The provisions of this subsection (7) shall not be construed to limit the

authority of any state agency or state institution of higher education to amend a contract in order to provide for technical corrections, provision of unanticipated work, extensions of performance periods, or other modifications which are necessary to secure satisfactory completion of the work and provision of goods and services within the scope of the original contract.

(e)  In the event that the governor restricts or delays the expenditure of

money for a project for which a professional services contract is required pursuant to the authority granted to the governor in section 24-75-201.5 (2), the deadlines imposed in subsection (7)(a) of this section for the projects are tolled until such time as the restriction or delay is no longer in effect, at which time the professional services contract must be executed and encumbered and any contract with the contractor must be entered into within six months.

(f)  In the event that an appropriation is made to a state agency or state

institution of higher education for allocation to other state agencies or state institutions of higher education, the deadline to execute and encumber a contract by the agency or institution receiving the allocation is six months from the date of the allocation by the agency or institution that received the original appropriation. Nothing in this subsection (7)(f) is construed to extend the duration of any appropriation.

(g) and (h)  Repealed.


Source: L. 79: Entire part added, p. 892, � 1, effective July 1. L. 81: (3) R&RE, p.

1165, � 1, effective January 1, 1982. L. 84: (4) amended, p. 1121, � 23, effective June 7. L. 89: (7) added, p. 1027, � 3, effective April 27. L. 90: (7) amended, p. 1192, � 1, effective April 12. L. 91: (7)(a) amended and (7)(e) added, p. 804, � 1, effective July 1; (7)(a) amended, p. 1059, � 18, effective July 1. L. 95: (7)(a) amended and (7)(f) added, p. 164, � 1, effective April 7. L. 2007: (7)(a) and (7)(c) amended, p. 494, � 1, effective August 3. L. 2008: (7)(c)(II) amended and (7)(c)(IV) added, p. 176, � 14, effective March 24; (7)(a) amended and (7)(g) added, p. 261, � 82, effective March 31. L. 2009: (7)(g) amended, (SB 09-096), ch. 60, p. 217, � 1, effective March 25; (7)(g) amended, (SB 09-022), ch. 246, p. 1112, � 6, effective May 14. L. 2010: (7)(c)(IV) amended, (HB 10-1422), ch. 419, p. 2083, � 62, effective August 11. L. 2012: (7)(g)(I) amended, (HB 12-1081), ch. 210, p. 903, � 5, effective August 8. L. 2013: (7)(g)(II) amended, (HB 13-1274), ch. 376, p. 2217, � 8, effective June 5. L. 2014: (1), (6), (7)(a), (7)(d), (7)(f), and (7)(g)(I) amended, (HB 14-1387), ch. 378, p. 1839, � 39, effective June 6. L. 2016: (7)(a) amended and (7)(h) added, (HB 16-1043), ch. 29, p. 66, � 1, effective August 10. L. 2018: (7)(a) amended, (HB 18-1027), ch. 31, p. 364, � 12, effective October 1. L. 2022: (7)(h) amended, (SB 22-113), ch. 463, p. 3294, � 8, effective August 10. L. 2025: (7)(a), (7)(b), IP(7)(c), (7)(e), and (7)(f) amended, (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) added, and (7)(g) and (7)(h) repealed, (HB 25-1313), ch. 405, p. 2311, � 5, effective August 6. L. 2025, 1st Ex. Sess.: (7)(e) amended, (SB 25B-001), ch. 11, p. 70, � 3, effective August 28.

Editor's note: (1)  Amendments to subsection (7)(a) by Senate Bill 91-17 and

House Bill 91-1198 were harmonized.

(2)  Amendments to subsection (7)(g) by Senate Bill 09-022 and Senate Bill

09-096 were harmonized.

(3)  Section 4 of chapter 11 (SB 25B-001), Session Laws of Colorado 2025,

First Extraordinary Session, provides that the act changing this section applies to revenue estimates and interim revenue estimates presented, and executive orders issued, on or after August 28, 2025.

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-2303

24-30-2303. Office of sustainability - creation - duties. (1) The office of sustainability is hereby created in the department. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The office shall work with state agencies to implement sustainable practices.

(2)  The powers, duties, and functions of the office include:


(a)  Providing leadership to and requiring accountability from state agencies

regarding ongoing sustainability initiatives;

(b)  Developing baseline metrics and goals for the reduction of negative

environmental impacts and tracking state agencies' performance toward achieving those goals;

(c)  Tracking the amount of money the state saves as a result of

implementing sustainable practices;

(d)  Seeking and applying for federal funding and other grant opportunities

that would support state agencies' sustainable practices;

(e)  Assisting state agencies in implementing sustainable procurement

methods and introducing options for environmentally preferable products or services to state agencies;

(f)  Assisting state agencies in installing energy-efficient equipment and

fixtures;

(g)  Assisting state agencies in meeting building performance standards such

as those administered by the Colorado energy office;

(h)  Coordinating and assisting in planning and constructing state agencies'

electric vehicle charging infrastructure and ensuring utilization of such infrastructure;

(i)  Instituting water reduction initiatives for state agencies, including but not

limited to:

(I)  The installation of water-conserving fixtures and water-wise plants on

state property;

(II)  The conversion of nonnative grasses to xeriscape in accordance with the

principles of water-wise landscaping, with an emphasis on native plants, set forth in section 37-60-135 (2)(l); and

(III)  The reduction of nonfunctional turf and encouragement of water-efficient sustainable landscaping practices at state facilities;


(j)  Assisting state agencies in transitioning from gas-powered to electric

equipment;

(k)  Implementing statewide waste diversion practices to increase state

agencies' recycling rates;

(l)  Developing commuting opportunities for state employees that reduce

greenhouse gas emissions and other pollution;

(m)  Assisting state agencies in developing training programs to educate

state employees on sustainable practices; and

(n)  Conducting other activities as directed by the general assembly or the

governor.

Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1086, � 1, effective

May 17.

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. § 24-32-135

24-32-135. Community schoolyards grant program - creation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a)  Capital construction and improvement grant program or construction

program means the capital construction and improvement grant program created in subsection (2)(a)(II) of this section that is part of the community schoolyards grant program.

(b)  Community schoolyard means a park-like environment located at an

elementary or secondary school that strengthens local ecological systems, provides a wide range of hands-on learning resources, enhances health and well-being for students and community members, and fosters nature-play and social opportunities for students and community members.

(c)  Community schoolyards grant program or grant program means the

community schoolyards grant program created in subsection (2)(a) of this section, which consists of two grant programs: The planning and design grant program created in subsection (2)(a)(I) of this section and the capital construction and improvement grant program created in subsection (2)(a)(II) of this section.

(d)  Community-use partner means a partner that enters into a community-use agreement with an eligible applicant and the partnership complies with the

requirements set forth in subsection (2)(d) of this section.

(e)  Eligible applicant means a local government or a school district.


(f)  Grant recipient means an eligible applicant that the division selects to

receive money through the grant program.

(g)  Local government means a municipality, a county, special districts, and

other political subdivisions and state agencies.

(h)  Planning and design grant program or planning program means the

planning and design grant program created in subsection (2)(a)(I) of this section that is part of the community schoolyards grant program.

(2) (a)  The community schoolyards grant program is created in the division.

The community schoolyards grant program is a two-part grant program that includes:

(I)  The planning and design grant program, which awards up to one hundred

fifty thousand dollars to each grant recipient selected by the division for the planning and design of a community schoolyard; and

(II)  The capital construction and improvement grant program, which awards

up to eight hundred fifty thousand dollars to each grant recipient selected by the division for the capital construction of a community schoolyard.

(b)  The purpose of the community schoolyards grant program is to address

inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation pursuant to article 29 of title 39, by:

(I)  Making community schoolyards accessible to the broader community

outside of school hours;

(II)  Improving physical activity and mental health opportunities for students

and community members; and

(III)  Incorporating natural landscapes, natural playgrounds, and recreational

spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics.

(c)  For the planning program and the construction program, the division shall

consider eligible applicants whose applications contain the following materials:

(I)  Documentation of a community-use agreement between the eligible

applicant and a community-use partner that enables the community schoolyard to serve as a community facility outside of school hours. The community-use agreement must include, at a minimum, the following:

(A)  A definition of the roles and responsibilities of the eligible applicant and

the community-use partner in the operation, use, safety, and maintenance of the community schoolyard;

(B)  Consideration of liability issues for community use of the community

schoolyard;

(C)  A definition of the hours of operation for community use of the

community schoolyard; and

(D)  Documentation of the community use of the community schoolyard;


(II)  Documentation of a partnership between the eligible applicant and a

community-based organization with expertise in outdoor learning spaces or outdoor education spaces that has experience working with local education providers;

(III)  Documentation of the amount of matching funds or in-kind contributions

that the eligible applicant intends to provide to augment grant money received from the grant program and the anticipated amount and source of any matching funds or in-kind contributions; and

(IV)  A demonstration of the need for a community schoolyard that uses a

nationally recognized interactive map to help identify the top locations to build a community schoolyard.

(d) (I)  A local government that is an eligible applicant must enter into a

community-use agreement with a community-use partner that includes, but is not limited to, a school of a school district, a school district, a district charter school, an institute charter school, the state charter school institute, or a board of cooperative services created and operated pursuant to article 5 of title 22.

(II)  A school district that is an eligible applicant must enter into a

community-use agreement with a community-use partner that is a local government.

(e)  The division may consult with the state board of the great outdoors

Colorado trust fund established pursuant to section 6 of article XXVII of the state constitution, the outdoor equity board created in section 33-9-203, the environmental justice advisory board created in section 25-1-134 (2), and the public school capital construction assistance board created in section 22-43.7-106 regarding the grant program.

(3) (a)  On or before January 15, 2026, the division shall implement a timeline

for the planning program, which must include:

(I)  Announcing the planning program;


(II)  Accepting applications from eligible applicants and reviewing

applications in a timely manner;

(III)  Selecting the grant recipients;


(IV)  Distributing grant money to the grant recipients; and


(V)  Establishing reporting timelines and requirements for the grant

recipients of the planning program. Grant recipients shall report, at a minimum, the following to the division:

(A)  The amount of money received from the planning program;


(B)  The number of students affected by the grant; and


(C)  A description of how the grant money was spent.


(b)  Grant recipients of the planning program shall develop professional plan,

design, and construction documents through a community-centered participatory design process in collaboration with students, educators, and community members. The planning and design documents for the community schoolyard must include:

(I)  Ecological, climate, and biodiversity goals;


(II)  Education and health goals;


(III)  Recreation goals;


(IV)  Accessibility, safety, and licensing standards;


(V)  The number of students enrolled at each school served by the grant;


(VI)  The total acreage size of the school property;


(VII)  The acreage size of the proposed community schoolyard;


(VIII)  A concept plan drawing of the proposed community schoolyard design,

which must incorporate design features that create healthy and environmentally sound spaces. Design features may include:

(A)  Food and pollinator gardens;


(B)  Natural playgrounds, including natural and nature-based elements,

including rock gardens, sand boxes, stump logs, streams, living plants, and other features that are integrated with the outdoor landscape and vegetation;

(C)  Stormwater management;


(D)  Traditional playground equipment;


(E)  Climate-appropriate non-invasive plants and vegetation;


(F)  Walking trails;


(G)  Shade trees;


(H)  Outdoor classrooms with chalkboards, tables, sinks, and large sitting

areas for teachers to lead outdoor lessons; or

(I)  Calm spaces for children;


(IX)  Identification of community partners, including nonprofit organizations

or design professionals that have expertise in outdoor learning spaces or outdoor education spaces; and

(X)  A plan for the long-term maintenance of the community schoolyard.


(c)  The community-based organization described in subsection (2)(c)(II) of

this section is encouraged to provide technical assistance to the grant recipient to help facilitate the community-centered participatory design process to plan and design park-like spaces, outdoor learning spaces, or outdoor education spaces with students, educators, and community members, as described in subsection (3)(b) of this section.

(4) (a)  On or before January 15, 2026, the division shall implement a timeline

for the construction program, which must include:

(I)  Announcing the construction program;


(II)  Accepting applications from eligible applicants;


(III)  Selecting the grant recipients;


(IV)  Distributing grant money to the grant recipients; and


(V)  Establishing reporting timelines and requirements for the grant

recipients of the construction program. Grant recipients must report, at a minimum, the following to the division:

(A)  The number of students affected by the grant;


(B)  A description of how the grant money was spent; and


(C)  The establishment of a community-use agreement, as described in

subsection (2)(c)(I) of this section, for community access and use of the community schoolyard outside of school hours.

(b)  If the proposed community schoolyard construction project exceeds one

million dollars, the grant recipient must have a minimum of twenty-five percent of the total construction budget available as matching funds at the time of the grant award. The total construction budget may include in-kind contributions.

(c)  Eligible applicants who did not apply to the planning program may apply

to the construction program and must submit the professional plan, design, and construction documents described in subsection (3)(b) of this section to the division during the construction program application period described in subsection (4)(a)(II) of this section. Eligible applicants must provide evidence that the professional plan, design, and construction documents were created through a community-centered participatory design process in collaboration with students, educators, and community members. The eligible applicant must provide documentation of a community-use agreement with a community-use partner.

(5)  On or before January 15, 2028, the division shall compile a report

summarizing the grant recipient reports from the planning program received pursuant to subsection (3)(a)(V) of this section and the construction program pursuant to subsection (4)(a)(V) of this section. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees.

(6)  The division may adopt rules to carry out the purposes of this section.


(7) (a)  For the 2025-26 fiscal year, the department of local affairs shall use

two million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.

(b)  For the 2026-27 fiscal year, the department of local affairs shall use two

million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.

(c)  Of the total funds described in subsections (7)(a) and (7)(b) of this section,

the division may use up to five percent of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program.

(8)  This section is repealed, effective January 1, 2030.


Source: L. 2025: Entire section added, (HB 25-1061), ch. 435, p. 2511, � 1,

effective August 6.

PART 2

DIVISION OF PLANNING

Editor's note: This part 2 was numbered as article 36 of chapter 106, C.R.S.

1. The substantive provisions of this part 2 were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

   Cross references: For the Planned Unit Development Act of 1972, see article 67 of this title.

C.R.S. § 24-32-3708

24-32-3708. Natural land and agricultural interjurisdictional opportunities report. (1) No later than December 31, 2025, the director, in consultation with relevant state agencies including the department of agriculture, the division of parks and wildlife in the department of natural resources, the outdoor recreation industry office in the office of economic development, and the Colorado tourism office, shall develop and publish a natural land and agricultural interjurisdictional opportunities report that must include:

(a)  Opportunities for local governments and metropolitan planning

organizations to achieve connectivity to open space, wildlife habitat, and other priority landscapes;

(b)  Opportunities for local governments and metropolitan planning

organizations to achieve the preservation of agricultural land, historic and cultural resources, urban parks and green spaces, exurban open spaces, recreational resources, wildlife habitats, and ecosystems with the greatest need for conservation and mitigation of hazards; and

(c)  Best practices, tools, and resources related to subsections (1)(a) and (1)(b)

of this section.

(2)  The natural land and agricultural interjurisdictional opportunities report

must integrate and include information from relevant state, regional, and local plans that address the subject matters identified in subsection (1) of this section.

Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1959, � 1,

effective May 30.

C.R.S. § 24-33-117

24-33-117. Wildfire mitigation capacity development fund - established - financing - legislative intent - repeal. (1) The wildfire mitigation capacity development fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (5) of this section, money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(IV) and (1)(g)(V), and any other money that the general assembly may appropriate or transfer to the fund.

(2) (a) (I)   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 wildfire mitigation capacity development fund to the fund.

(II)  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 wildfire mitigation capacity development fund to the general fund.

(III) (A)  On June 30, 2025, the state treasurer shall transfer forty-eight

thousand five hundred seventy-one dollars from the wildfire mitigation capacity development fund to the general fund.

(B)  This subsection (2)(a)(III) is repealed, effective July 1, 2026.


(3)  Money in the wildfire mitigation capacity development fund is

continuously appropriated to the department of natural resources and may be used by the department for the following purposes:

(a)  Initiating a federal national incident management organization

comprehensive risk analysis by June 15, 2021, to identify the most strategic landscapes in the state for wildfire mitigation and fuel reduction projects;

(b)  Supporting wildfire mitigation workforce development including the

engagement of conservation corps and the department of corrections state wildland inmate fire teams in priority wildfire mitigation projects including those projects identified by the federal national incident management organization comprehensive risk analysis conducted pursuant to subsection (3)(a) of this section;

(c)  Hiring staff resources to coordinate cross-boundary wildfire mitigation

efforts, facilitate engagement, and connect priority wildfire mitigation projects with available resources. These staff shall consult with stakeholders including federal and state agencies, local governments, tribes, communities, forest collaborative groups, and other entities to identify and implement priority wildfire mitigation projects on municipal, county, tribal, state, state-operated, federal, and private lands, as appropriate.

(d)  Conducting an assessment of wildfire mitigation efforts undertaken or

supported by the state to determine the most efficient and effective organizational structure for those efforts;

(e)  Funding projects or grants to support the planning and implementation of

fuel reduction and wildfire mitigation projects at landscape-scale to reduce the risk of catastrophic wildfire in priority areas, including those identified by the analysis in subsection (3)(a) of this section; and

(f)  Funding the direct and indirect costs of administering the activities

described in this subsection (3).

(4)  To the extent practicable, when supporting or funding projects or grants

for the planning and implementation of fuel reduction and wildfire mitigation projects in accordance with subsections (3)(b) and (3)(e) of this section, the department of natural resources shall prioritize those projects with the greatest potential to protect life, property, and infrastructure.

(5)  On June 15, 2021, if possible, or as soon as possible thereafter, the state

treasurer shall transfer seventeen million five hundred thousand dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (5) must be allocated to supported areas administered by the department of natural resources as follows:

(a)  Up to two hundred thousand dollars for the federal national incident

management organization statewide risk assessment described in subsection (3)(a) of this section;

(b)  For the wildfire mitigation workforce development described in

subsection (3)(b) of this section;

(c)  Up to five hundred fifty thousand dollars for the wildfire mitigation

project coordination described in subsection (3)(c) of this section;

(d)  Up to five hundred thousand dollars for the wildfire mitigation

organizational planning described in subsection (3)(d) of this section;

(e)  For the landscape wildfire mitigation projects described in subsection

(3)(e) of this section;

(f)  Up to five percent of the funds transferred pursuant to subsection (5)(b)

of this section may be used for both the direct and indirect administrative costs associated with the wildfire mitigation workforce development funded by subsection (5)(b) of this section; and

(g)  Up to five percent of the funds transferred pursuant to subsection (5)(e)

of this section may be used for both the direct and indirect administrative costs associated with the landscape wildfire mitigation projects funded by subsection (5)(e) of this section.

(5.5)  Repealed.


(6)  On June 30, 2023, the state treasurer shall transfer any unexpended and

unencumbered money in the wildfire mitigation capacity development fund that was transferred by the state treasurer to the wildfire mitigation capacity development fund pursuant to subsection (5) of this section to the general fund, except for the money allocated by the department of natural resources pursuant to subsections (5)(c), (5)(f), and (5)(g) of this section.

(6.2)  On June 30, 2023, and on June 30 each year thereafter, the state

treasurer shall transfer one million dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (6.2) must be used for purposes set forth in subsection (3) of this section.

(7)  To implement this section, the department of natural resources shall

coordinate with the division of fire prevention and control in the department of public safety and with the Colorado state forest service at the department of higher education and enter into a memorandum of understanding with such agencies to direct the implementation of this section.

Source: L. 2021: Entire section added, (SB 21-258), ch. 238, p. 1251, � 5,

effective June 15. L. 2022: (5.5) added, (HB 22-1012), ch. 341, p. 2450, � 3, effective August 10. L. 2023: (1) amended, (SB 23-139), ch. 11, p. 33, � 2, effective March 6; (6.2) added, (SB 23-005), ch. 172, p. 846, � 3, effective May 12. L. 2025: (2) amended, (SB 25-317), ch. 385, p. 2145, � 13, effective June 3.

Editor's note: Subsection (5.5)(b) provided for the repeal of subsection (5.5),

effective July 1, 2023. (See L. 2022, p. 2450.)

Cross references: 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 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.

C.R.S. § 24-34-104

24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.

(b)  It is the intent of the general assembly that the system set forth in this

section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.

(2) (a)  The divisions in the department of regulatory agencies, the boards and

agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.

(b)  Upon repeal, an agency continues in existence, or, in the case of the

repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.

(c)  As used in this section, unless the context otherwise requires, agency

includes a division or board within an agency that is subject to review pursuant to this section.

(3)  If the state constitution imposes powers, duties, or functions on an

agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.

(4)  The existence of a newly created agency or function in the department of

regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).

(5) (a)  The department of regulatory agencies shall analyze and evaluate the

performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.

(b)  The department of regulatory agencies shall submit its report to the

office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).

(c)  This subsection (5) is exempt from the provisions of section 24-1-136 (11),

and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.

(6) (a)  Before the repeal, continuation, or reestablishment of an agency or

function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.

(b)  In the hearings, the determination as to whether an agency has

demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:

(I)  Whether regulation or program administration by the agency is necessary

to protect the public health, safety, and welfare;

(II)  Whether the conditions that led to the initial creation of the program have

changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;

(III)  If the program is necessary, whether the existing statutes and

regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;

(IV)  If the program is necessary, whether agency rules enhance the public

interest and are within the scope of legislative intent;

(V)  Whether the agency operates in the public interest and whether its

operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(VI)  Whether an analysis of agency operations indicates that the agency or

the agency's board or commission performs its statutory duties efficiently and effectively;

(VII)  Whether the composition of the agency's board or commission

adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VIII)  Whether regulatory oversight can be achieved through a director

model;

(IX)  The economic impact of the program and, if national economic

information is not available, whether the agency stimulates or restricts competition;

(X)  If reviewing a regulatory program, whether complaint, investigation, and

disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;

(XI)  If reviewing a regulatory program, whether the scope of practice of the

regulated occupation contributes to the optimum use of personnel;

(XII)  Whether entry requirements encourage equity, diversity, and inclusivity;


(XIII)  If reviewing a regulatory program, whether the agency, through its

licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(XIV)  Whether administrative and statutory changes are necessary to

improve agency operations to enhance the public interest.

(c)  A legislative committee of reference that conducts a review pursuant to

paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.

(d) (I)  If a legislative committee of reference recommends a bill for

consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:

(A)  To one or more of the members of the committee of reference; or


(B)  To one or more of the members of the general assembly who are not

members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.

(II)  A member of the general assembly may not sponsor more than two bills

introduced pursuant to this subsection (6) in a single legislative session.

(III)  After consulting with the minority leader of the house of representatives

and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:

(A)  The speaker of the house of representatives shall assign the proposed

bill to a representative for sponsorship in the house of representatives in odd-numbered years; and

(B)  The president of the senate shall assign the proposed bill to a senator for

sponsorship in the senate in even-numbered years.

(e)  A bill recommended for consideration by a committee of reference

pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.

(f)  Before the repeal, continuation, reestablishment, or revision of an

agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).

(7) (a)  Pursuant to the process established in this section, a committee of

reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.

(b)  This section shall not cause the dismissal of a claim or right of a person

through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.

(c)  This section does not affect the general assembly's authority to

otherwise consider legislation affecting a division, board, agency, or similar body.

(8)  If an agency or function repeals pursuant to the provisions of this section

and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.

(9)  The purpose of this section is to provide a listing of the divisions, boards,

agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.

(10) to (24)  Repealed.


(25) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2024:

(I) to (VI)  Repealed.


(VII)  The evidential breath-testing cash fund created in section 42-4-1301.1

(9);

(VIII) to (XII)  Repealed.


(XIII)  (Deleted by amendment, L. 2024).


(XIV) to (XX)  Repealed.


(XXI)  The harm reduction grant program created in section 25-20.5-1101.


(XXII)  Repealed.


(b)  This subsection (25) is repealed, effective September 1, 2026.


(26) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2025:

(I) to (IX)  Repealed.


(X)  Reserved.


(XI) to (XIII)  Repealed.


(b)  This subsection (26) is repealed, effective September 1, 2027.


(27) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2026:

(I)  The regulation of barbers, hairstylists, cosmetologists, estheticians, nail

technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;

(II)  The division of securities created in section 11-51-701, C.R.S.;


(III)  The securities board created in section 11-51-702.5, C.R.S.;


(IV)  The registration and regulation of vessels by the department of natural

resources in accordance with article 13 of title 33, C.R.S.;

(V)  The office of combative sports, including the Colorado combative sports

commission, created in article 110 of title 12;

(VI)  The division of real estate, including the real estate commission, created

in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;

(VII)  The regulation of professional cash-bail agents and cash-bonding

agents in accordance with article 23 of title 10;

(VIII)  The Colorado podiatry board created in article 290 of title 12;


(IX)  The biomass utilization grant program implemented by the state forest

service pursuant to section 23-31-317;

(X)  The cold case task force created in section 24-33.5-109;


(XI)  The record-keeping, licensing, and central registry functions of the

behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;

(XII)  The licensing of pet animal facilities by the commissioner of agriculture

in accordance with article 80 of title 35;

(XIII)  The fire suppression programs of the division of fire prevention and

control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;

(XIV)  The Colorado medical board created in article 240 of title 12;


(XV)  The regulation of dialysis treatment clinics and hemodialysis

technicians in accordance with section 25-1.5-108;

(XVI)  The Colorado public utilities commission created in article 2 of title 40;


(XVII)  The legal requirements pertaining to home warranty service contracts

under part 9 of article 10 of title 12.

(XVIII) and (XIX)  Repealed.


(b)  This subsection (27) is repealed, effective September 1, 2028.


(28) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2027:

(I)  The regulation of motor vehicle and powersports vehicle sales by the

motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;

(II)  The Colorado civil rights division, including the Colorado civil rights

commission, created in part 3 of this article 34;

(III)  The state board of nursing created in article 255 of title 12;


(IV)  The state board of nursing created in article 255 of title 12 and the

functions of the board, including the functions related to the certification of nurse aides;

(V)  The regulation of radon professionals licensed in accordance with article

165 of title 12;

(VI)  The justice reinvestment crime prevention initiative created in section

24-32-120;

(VII)  The use of digital number plates by the owner of a registered vehicle

pursuant to section 42-3-201 (8);

(VIII)  The domestic violence offender management board created in section

16-11.8-103;

(IX)  The certification of persons in connection with the control of asbestos in

accordance with part 5 of article 7 of title 25;

(X)  The wildfire mitigation incentives for local government grant program

created in section 23-31-318 (2).

(b)  This subsection (28) is repealed, effective September 1, 2029.


(29) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2028:

(I)  The licensing of landscape architects in accordance with article 130 of

title 12;

(II)  The administration of the Colorado Fair Debt Collection Practices Act

by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;

(III)  The issuance of licenses and certificates related to measurement

standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;

(IV)  The functions of the underground damage prevention safety commission

related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;

(V)  The functions of the commissioner of agriculture related to seed

potatoes under article 27.3 of title 35;

(VI)  In-home support services established in part 12 of article 6 of title 25.5;


(VII)  The licensing of river outfitters through the parks and wildlife

commission and the division of parks and wildlife in accordance with article 32 of title 33;

(VIII)  The functions of the department of public health and environment

relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;

(IX)  The medical marijuana program created in section 25-1.5-106;


(X) and (XI)  Repealed.


(XII)  The Colorado Marijuana Code, article 10 of title 44;


(XIII)  The administration of the Michael Skolnik Medical Transparency Act

of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;

(XIV)  The registration of surgical assistants and surgical technologists

pursuant to article 310 of title 12;

(XV)  The registration of direct-entry midwives by the division of professions

and occupations in accordance with article 225 of title 12;

(XVI)  Notwithstanding subsection (7)(a) of this section, the office of the

utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;

(XVII)  The community crime victims grant program created in section 25-20.5-801;


(XVIII)  The grant program to provide funding to eligible community-based

organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);

(XIX)  The regulation of nursing home administrators by the board of

examiners of nursing home administrators in accordance with article 265 of title 12;

(XX)  The sex offender management board created in section 16-11.7-103.


(b)  This subsection (29) is repealed, effective September 1, 2030.


(30) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2029:

(I)  The automobile theft prevention authority and the automobile theft

prevention board created in section 42-5-112;

(II)  The licensing of mortgage loan originators and the registration of

mortgage companies in accordance with part 7 of article 10 of title 12;

(III)  The regulation of persons working in coal mines by the department of

natural resources through the coal mine board of examiners in accordance with article 22 of title 34;

(IV)  The Colorado state board of chiropractic examiners created in article

215 of title 12;

(V)  The registration of naturopathic doctors in accordance with article 250 of

title 12;

(VI)  Notwithstanding subsection (7)(a) of this section, the functions of the

boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;

(VII)  The regulation of preneed funeral contracts in accordance with article

15 of title 10;

(VIII)  The direct care workforce stabilization board created in article 7.5 of

title 8;

(IX)  The assistance program for disability benefits under article 88 of title 8;


(X)  The functions of the director of the division of professions and

occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.

(b)  This subsection (30) is repealed, effective September 1, 2031.


(31) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2030:

(I)  The functions of the division of insurance in the department of regulatory

agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;

(II)  The state board of accountancy created in article 100 of title 12;


(III)  The passenger tramway safety board created in section 12-150-104;


(IV)  The functions of professional review committees specified in article 30

of title 12;

(V)  The licensing of occupational therapists and occupational therapy

assistants in accordance with article 270 of title 12;

(VI)  The state board of pharmacy and the regulation of the practice of

pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;

(VII)  The functions of the circular economy development center created in

section 25-17-602;

(VIII)  Human trafficking prevention training pursuant to section 24-33.5-523;


(IX)  The veterans one-stop center, known as the western region one

source, established pursuant to section 28-5-713;

(X)  The Colorado produced water consortium created in section 34-60-135

(2)(a);

(XI)  The functions of the banking board and the state bank commissioner

related to money transmitters specified in article 110 of title 11;

(XII)  The functions of the broadband office in administering the broadband

deployment grant program created in section 24-37.5-905;

(XIII)  The regulation of towing carriers by the public utilities commission

under part 4 of article 10.1 of title 40;

(XIV)  The HOA information and resource center created in section 12-10-801;


(XV)  The rural alcohol and substance abuse prevention and treatment

program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;

(XVI)  The motorcycle operator safety training program created in part 5 of

article 5 of title 43.

(b)  This subsection (31) is repealed, effective September 1, 2032.


(32) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2031:

(I)  The registration functions of the commissioner of agriculture specified in

article 27 of title 35;

(II)  The licensing of egg dealers in accordance with article 21 of title 35;


(III)  The water and wastewater facility operators certification board created

in section 25-9-103;

(IV)  The licensing of hearing aid providers by the division of professions and

occupations in accordance with article 230 of title 12;

(V)  The licensing of audiologists by the division of professions and

occupations in accordance with article 210 of title 12;

(VI)  The regulation of athletic trainers by the director of the division of

professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;

(VII)  The licensure of massage therapists by the director of the division of

professions and occupations in accordance with article 235 of title 12;

(VIII)  The board of real estate appraisers created in part 6 of article 10 of title

12;

(IX)  The regulation of conveyances and conveyance mechanics, contractors,

and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;

(X)  The Colorado prescription drug affordability review board created in

section 10-16-1402;

(XI)  The rule-making function of the executive director of the department of

early childhood pursuant to section 26.5-1-105 (1);

(XII)  Repealed.


(XIII)  The regulation of mortuary science professionals pursuant to parts 1, 4,

and 5 to 9 of article 135 of title 12;

(XIV)  The veterans assistance grant program created in section 28-5-712;


(XV)  The licensing of bingo and other games of chance through the secretary

of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.

(b)  This subsection (32) is repealed, effective September 1, 2033.


(33) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2032:

(I)  The state electrical board created in article 23 of title 12;


(II)  The workers' compensation classification appeals board created in article

55 of title 8;

(III)  The responsible gaming grant program created in section 44-30-1702;


(IV)  The regulation of the custom processing of meat animals by the

department of agriculture in accordance with article 33 of title 35;

(V)  The division of racing events, including the Colorado racing commission,

created in article 32 of title 44;

(VI)  The appointment of notaries public through the secretary of state in

accordance with part 5 of article 21 of this title 24;

(VII)  The Natural Medicine Health Act of 2022, article 170 of title 12;


(VIII)  The Colorado Natural Medicine Code, article 50 of title 44;


(IX)  The state plumbing board created in article 155 of title 12;


(X)  The licensing and regulation of persons by the department of agriculture

in accordance with article 36 of title 35.

(b)  This subsection (33) is repealed, effective September 1, 2034.


(34) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2033:

(I)  The issuance of permits for specific weather modification operations

through the executive director of the department of natural resources in accordance with article 20 of title 36;

(II)  The authority of the director of the division of workers' compensation to

impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;

(III)  The regulation of speech-language pathologists and speech-language

pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;

(IV)  The licensing of persons who practice acupuncture by the director of the

division of professions and occupations in accordance with article 200 of title 12;

(V)  The state board of veterinary medicine created in article 315 of title 12;


(VI)  The state board of optometry created in article 275 of title 12;


(VII)  The division of gaming created in part 2 of article 30 of title 44;


(VIII)  The closed landfill remediation grant program and the closed landfill

remediation grant program advisory committee created in section 30-20-124;

(IX)  The regulation of nontransplant tissue banks by the director of the

division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;

(X)  The state board of licensure for architects, professional engineers, and

professional land surveyors in the department of regulatory agencies created in section 12-120-103;

(XI)  The division of financial services created in article 44 of title 11;


(XII)  The division of banking and the banking board created in article 102 of

title 11;

(XIII)  The behavioral health first aid training program created in section 25-1.5-113.5.


(b)  This subsection (34) is repealed, effective September 1, 2035.


(35) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2034:

(I)  The regulation of produce safety on farms by the commissioner of

agriculture in accordance with article 77 of title 35;

(II)  The licensing and regulation of psychiatric technicians by the state board

of nursing in accordance with article 295 of title 12;

(III)  The licensing of public livestock markets in accordance with article 55 of

title 35;

(IV)  The air quality enterprise created by section 25-7-103.5;


(V)  The regulation of the application of pesticides by the commissioner of

agriculture in accordance with article 10 of title 35;

(VI)  The regulation of outfitters by the director of the division of professions

and occupations in accordance with article 145 of title 12;

(VII)  The functions of the department of public health and environment

regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;

(VIII)  The Colorado dental board created in article 220 of title 12.


(b)  This subsection (35) is repealed, effective September 1, 2036.


(36) (a)  The following agencies, functions, or both are scheduled for repeal

on September 1, 2035:

(I)  The licensing and regulation of respiratory therapists by the division of

professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;

(II)  The functions specified in part 2 of article 19 of title 5 of the

administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;

(III)  The regulation of private occupational schools and their agents under

article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;

(IV)  The licensing of physical therapists by the physical therapy board in

accordance with part 1 of article 285 of title 12;

(V)  The certification of physical therapist assistants by the physical therapy

board in accordance with part 2 of article 285 of title 12;

(VI)  The underfunded courthouse facility cash fund commission created in

part 3 of article 1 of title 13.

(b)  This subsection (36) is repealed, effective September 1, 2037.


(37) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2036:

(I)  The accreditation of health-care providers under the workers'

compensation system in accordance with section 8-42-101 (3.5) and (3.6);

(II)  The Colorado fraud investigators unit created in part 17 of article 33.5 of

this title 24.

(b)  This subsection (37) is repealed, effective September 1, 2038.


(38) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2037:

(I)  The Colorado resiliency office created in section 24-32-121 and the

functions of the office described in section 24-32-122.

(b)  This subsection (38) is repealed, effective September 1, 2039.


Source: For source information prior to 2016, go to

https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe

C.R.S. § 24-46-303

24-46-303. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Base year revenue means the state sales tax revenue collected during

the twelve-month period immediately prior to the month in which a regional tourism project is authorized, as determined by the department of revenue.

(1.5)  Baseline growth rate means the forecasted growth in state sales tax

revenue above the base year revenue that would be collected in a proposed regional tourism zone if the proposed regional tourism project did not occur, as determined pursuant to section 24-46-304 (1.5).

(2)  Commission means the Colorado economic development commission

created in section 24-46-102.

(3)  Director means the director of the Colorado office of economic

development created in section 24-48.5-101.

(4)  Eligible costs means the costs of designing, constructing, financing,

and maintaining eligible improvements designated by the commission as part of an approved regional tourism project, including but not limited to costs of engineering, construction engineering, surveying, construction surveying, construction labor and materials, design, planning, legal services, accounting, overhead or administrative staffing, financing, bond issuance or reissuance, underwriting, interest payments, loan origination fees, and similar necessary and convenient costs incurred by the financing entity in exercising its powers pursuant to this part 3. Moneys advanced by private developers within the regional tourism project to the financing entity for eligible improvements, whether pursuant to loans or contractual funding and reimbursement agreements, together with reasonable interest thereon, shall be eligible costs. In addition, the financing entity's costs for purchasing eligible improvements constructed and owned by third parties either prior to or subsequent to designation of the regional tourism project shall be eligible costs. Costs and expenses incurred by the financing entity pursuant to section 24-35-118 and in complying with its annual report and audit obligations under this part 3 shall be eligible costs.

(5)  Eligible improvements means the specific improvements authorized by

the commission as part of an approved regional tourism project, whether publicly or privately owned, including but not limited to storm sewer and sanitary sewer collection, conveyance, distribution, treatment, and related facilities and real property interests necessary or convenient thereto; potable and nonpotable water supplies and collection, conveyance, distribution, treatment, and related facilities and real property interests related thereto; roads; streets; state highways; rights-of-way; lighting; traffic signals and signs; direction and location signage and similar signage; land acquisition; surveying, engineering, soils testing, site planning, grading, and similar activities necessary or convenient for site preparation and development; park and recreational facilities; trails and paths; public safety facilities; landscaping; tourism and entertainment facilities; transportation facilities; surface and structured parking facilities; and any other facilities or improvements necessary to or convenient for the completion of an approved project.

(6)  Financing entity means the entity designated by the commission in

connection with its approval of a regional tourism project to receive and utilize state sales tax increment revenue. A financing entity may be a county revitalization authority created pursuant to article 31 of title 30, a metropolitan district created pursuant to title 32, an urban renewal authority created pursuant to part 1 of article 25 of title 31, or any regional tourism authority to be formed pursuant to this part 3.

(7)  Financing term means the aggregate period authorized by the

commission pursuant to this part 3 within which the financing entity is authorized to receive and utilize state sales tax increment revenue to finance eligible costs.

(7.5)  Gambling-related activities means any betting, wagering, or

payments made on or in connection with one or more games that qualify as gambling as defined in section 18-10-102 (2), or limited gaming as defined in section 9 of article XVIII of the state constitution and section 44-30-103 (22).

(8)  Local government means a city, county, city and county, or town or a

group of contiguous cities, counties, city and counties, or towns.

(9)  Regional tourism authority or authority means a corporate body

organized pursuant to this part 3 for the purposes, with the powers, and subject to the restrictions set forth in this part 3 and the formation of which has been approved by the commission pursuant to this part 3.

(10)  Regional tourism project or project means a development project

that is planned to include a tourism or entertainment facility together with ancillary uses, structures, and improvements, and that has been approved by the commission pursuant to this part 3.

(11)  Regional tourism zone means the geographic area defined by the

commission as part of an approved regional tourism project. A regional tourism zone shall not extend into the territorial boundaries of any local government except for the local government that is requesting the designation of the regional tourism zone. A regional tourism zone may be limited to portions of a local government and may include noncontiguous tracts or parcels of property.

(12)  State sales tax increment revenue means the portion of the revenue

derived from state sales taxes, including any revenue attributable to the baseline growth rate, collected within a designated regional tourism zone in excess of the amount of base year revenue. State sales tax increment revenue does not include any additional revenue derived from state sales taxes that are due to the changes set forth in section 39-26-105 (1)(d), enacted in 2019 and as amended thereafter, to the amount retained by a vendor to cover the vendor's expenses in collecting and remitting sales tax.

(13)  Tourism or entertainment facility means a facility or group of

interrelated facilities constructed primarily for use as a tourism or entertainment venue that is reasonably anticipated to draw a significant number of regional, national, or international patrons. A tourism or entertainment facility may include but need not be limited to museums, stadiums, arenas, major sports facilities, performing arts theaters, theme or amusement parks, conference center or resort hotels, or other similar venues. Tourism or entertainment facility shall not include any facility or group of interrelated facilities that directly or indirectly offer, make available, or facilitate in any manner one or more gambling-related activities.

Source: L. 2009: Entire part added, (SB 09-173), ch. 434, p. 2404, � 1,

effective June 4. L. 2010: (4) amended, (HB 10-1422), ch. 419, p. 2084, � 69, effective August 11; (7.5) added and (13) amended, (SB 10-031), ch. 61, p. 219, � 1, effective August 11. L. 2013: (12) amended, (HB 13-1295), ch. 314, p. 1655, � 9, effective July 1, 2014. L. 2014: (1.5) added and (12) amended, (HB 14-1350), ch. 301, p. 1256, �� 1, 2, effective May 31. L. 2018: (7.5) amended, (SB 18-034), ch. 14, p. 246, � 34, effective October 1. L. 2019: (12) amended, (HB 19-1240), ch. 264, p. 2502, � 8, effective June 1; (12) amended, (HB 19-1245), ch. 199, p. 2157, � 4, effective August 2. L. 2024: (6) amended, (HB 24-1172), ch. 387, p. 2679, � 5, effective August 7. L. 2025, 1st Ex. Sess.: (12) amended, (HB 25B-1005), ch. 9, p. 39, � 3, effective August 28.

Editor's note: Amendments to subsection (12) by HB 19-1240 and HB 19-1245

were harmonized.

Cross references: (1)  For the legislative declaration in the 2013 act

amending subsection (12), see section 1 of chapter 314, Session Laws of Colorado 2013.

(2)  For the short title (Affordable Housing Act of 2019) and the legislative

declaration in HB 19-1245, see sections 1 and 2 of chapter 199, Session Laws of Colorado 2019.

(3)  For the legislative declaration in HB 25B-1005, see section 1 of chapter 9,

Session Laws of Colorado 2025, First Extraordinary Session.

C.R.S. § 24-72-101

24-72-101. Records destroyed - certified copies rerecorded. Whenever it appears that the records, or any material part thereof, of any county in this state have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing of whatever nature or character affecting real estate or irrigation ditches in such county, or certified copies thereof, may be rerecorded, and in recording the same the recorder shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof, and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the original record.

Source: L. 1889: p. 302, � 1. R.S. 08: � 5269. C.L. � 5026. CSA: C. 135, � 1.

CRS 53: � 113-1-1. C.R.S. 1963: � 113-1-1.

Cross references: For certified copies of papers filed in office of county clerk

and recorder as prima facie evidence, see � 30-10-413; for the rule of evidence relating certified copies of public records, see C.R.E. 902(4).

C.R.S. § 24-72-111

24-72-111. Originals destroyed, prior abstracts as evidence. Whenever it appears in any court in which any suit or proceeding is pending that the originals of any deeds, or other instruments of writing, or records in courts relating to any lands or irrigation ditches, the title or interest therein being in controversy in such suit or proceedings, are lost or destroyed or not within the power of the parties to produce the same and the records of such deeds or other instruments in writing or other records relating to or affecting such lands or irrigation ditches are destroyed by fire or otherwise, it is lawful for any such party to offer in evidence any abstract of title made in the ordinary course of business prior to such loss or destruction showing the title of such land or irrigation ditches, or any part of the title of such land or irrigation ditches, that may have been made and delivered to the owners or purchasers or other parties interested in the land or irrigation ditches, the title or any part of the title to which is shown by such abstract of title.

Source: L. 1889: p. 309, � 11. R.S. 08: � 5279. C.L. � 5036. CSA: C. 135, � 11.

CRS 53: � 113-1-11. C.R.S. 1963: � 113-1-11.

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. § 24-80-803

24-80-803. Old Spanish trail - marking - legislative declaration. (1) (a) The United States congress added the old Spanish national historic trail to the national trails system on December 4, 2002, and authorized the secretary of the interior to administer the trail. The secretary of the interior designated the bureau of land management and the national parks service as coadministrators of the entire trail. The bureau of land management and the national parks service were charged with the development of a comprehensive administrative strategy and draft environmental impact statement, in compliance with the National Trails System Act, as amended, and the National Environmental Policy Act, as amended. The comprehensive administrative strategy was finalized in December 2017.

(b)  The general assembly hereby recognizes and commends the designation

by the congress of the United States of the old Spanish trail as a national historic trail. The general assembly finds and declares that the portions of the old Spanish national historic trail occurring in the state of Colorado are a valuable and noteworthy historic resource that should be identified for the traveling public where they travel on or cross the highways of the state of Colorado.

(c)  In order to preserve the landscape, ecological, and ethnographic

characteristics of the old Spanish national historic trail, the executive director of the department of transportation shall consult with culturally affiliated American Indian tribes before posting any signs under this section.

(2)  Subject to the availability of funding from gifts, grants, or donations, the

executive director of the department of transportation shall mark with suitable signs, which may include the original indigenous name as a secondary interpretive theme in accordance with the consultations conducted under subsection (1)(c) of this section, significant route segments and sites recognized as associated with the old Spanish national historic trail in Colorado, as generally depicted on the maps contained in the United States department of the interior, national parks service report entitled Old Spanish Trail National Historic Trail Feasibility Study and Environmental Assessment, dated July 2001, and as further refined by the secretary of the interior of the United States, where those routes travel on and cross the highways of the state. The department of transportation may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

Source: L. 2018: Entire section added, (HB 18-1351), ch. 316, p. 1905, � 2,

effective August 8.

Cross references: For the legislative declaration in HB 18-1351, see section 1

of chapter 316, Session Laws of Colorado 2018.

PART 9

STATE EMBLEMS AND SYMBOLS

C.R.S. § 24-92-104

24-92-104. Exemptions - applicability. (1) The provisions of sections 24-92-103 and 24-92-103.5 do not apply to:

(a)  A public project for which the agency of government receives no bids or

for which all bids have been rejected; or

(b)  A situation for which the responsible officer determines it is necessary to

make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

(c)  Contracts for architectural, engineering, land surveying, and landscape

architectural services as provided for in part 14 of article 30 of this title.

(2)  Nothing in this article shall be construed to affect or limit any additional

requirements imposed upon an agency of government for awarding contracts for public projects.

(3)  This article shall not apply to any county, municipality, school district,

special district, or political subdivision of the state and shall not be construed to affect any requirements which may otherwise apply to such entities for awarding contracts for public projects, except as provided in section 24-92-109.

Source: L. 81: Entire article added, p. 1256, � 1, effective July 1. L. 2014: IP(1)

amended, (HB 14-1387), ch. 378, p. 1852, � 61, effective June 6.

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 25-13-103

25-13-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Board means the state board of health.


(2)  Campsite means any specific area within organized campgrounds or

other recreation areas which is used for overnight stays by an individual, a single camping family, a group, or any other similar entity.

(3)  Department means the department of public health and environment.


(4)  Operator means the person responsible for managing the organized

campground or recreation area.

(5)  Organized campgrounds means all federal, state, municipal, and county

owned and designated roadside parks and campgrounds and privately owned campgrounds which are made available, either with or without a fee, to the public.

(6)  Person means any private or public institution, corporation, individual,

partnership, firm, association, or other entity.

(7)  Public accommodation facilities means all motels, hotels, dude ranches,

youth camps, and other similar facilities rented out to the public in areas used predominantly for recreation.

(8)  Recreation areas means all public lands and surface waters of the

state, other than organized campgrounds, used for picnicking, camping, and other recreational activities.

(9)  Refuse means all combustible or noncombustible solid waste, garbage,

rubbish, debris, and litter.

(10)  Sewage means any liquid or solid waste material which contains

human excreta.

(11)  Surface of ground means any portion of the ground from the surface to

a depth of six inches.

(12)  Waters of the state means all streams, lakes, rivers, ponds, wells,

impounding reservoirs, watercourses, springs, drainage systems, and irrigation systems; all sources of water such as snow, ice, and glaciers; and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, located wholly or partly within or bordering upon this state and within the jurisdiction of this state.

Source: L. 71: p. 643, � 1. C.R.S. 1963: � 66-34-3. L. 94: (3) amended, p. 2792,

� 529, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act

amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-15-101

25-15-101. Definitions. As used in this article 15, unless the context otherwise requires:

(1)  Commission means the solid and hazardous waste commission created

in part 3 of this article.

(2)  Department means the department of public health and environment

created by section 25-1-102.

(3)  Disposal means the discharge, deposit, injection, dumping, spilling,

leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

(4)  Domestic sewage means untreated sanitary wastes that pass through a

sewer system.

(4.3)  Environmental covenant means an instrument containing

environmental use restrictions created pursuant to section 25-15-321.

(4.5)  Environmental remediation project means closure of a hazardous

waste management unit or solid waste disposal site or any remediation of environmental contamination, including determinations to rely solely or partially on environmental use restrictions to protect human health and the environment but excluding interim measures that are not intended as the final remedial action, that is conducted under any of the following:

(a)  Subchapter III or IX of the federal Resource Conservation and Recovery

Act of 1976, 42 U.S.C. secs. 6921 to 6939e and 6991 to 6991i, as amended;

(b)  Section 7002 or 7003 of the federal Resource Conservation and

Recovery Act of 1976, 42 U.S.C. secs. 6972 and 6973, as amended;

(c)  The federal Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended;

(d)  The federal Uranium Mill Tailings Radiation Control Act of 1978, 42

U.S.C. sec. 7901 et seq., as amended;

(e)  Part 1 of article 11 of this title, including any decommissioning of sites

licensed under that part;

(f)  Part 3 of article 11 of this title;


(g)  Part 3 of article 15 of this title; and


(h)  Article 20 of title 30, C.R.S.


(4.7)  Environmental use restriction means a prohibition of one or more uses

of or activities on specified real property, including drilling for or pumping groundwater; a requirement to perform certain acts, including requirements for maintenance, operation, or monitoring necessary to preserve such prohibition of uses or activities; or both, where such prohibitions or requirements are relied upon in the remedial decision for an environmental remediation project for the purpose of protecting human health or the environment.

(5)  Federal act means the federal Solid Waste Disposal Act, as amended

by the federal Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. sec. 6901 et seq.

(5.5)  Hazardous substance means any substance that is defined as a

hazardous substance, pollutant, or contaminant under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended, or its implementing regulations.

(6) (a)  Hazardous waste means any material, alone or mixed with other

materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because its quantity, concentration, or physical or chemical characteristics may:

(I)  Cause, or significantly contribute to, an increase in mortality or an

increase in serious irreversible, or incapacitating reversible, illness; or

(II)  Pose a substantial present or potential hazard to human health or the

environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(b)  Hazardous waste does not include:


(I)  Solid or dissolved material in discharges which are point sources subject

to permits under section 402 of the Federal Water Pollution Control Act, as amended;

(II)  Source, special nuclear, or byproduct material as defined by the federal

Atomic Energy Act of 1954, as amended;

(III) (A)  Agricultural, horticultural, or floricultural waste from the raising of

crops or animals, including animal manures, that are returned to the soil as fertilizers or soil conditioners.

(B)  Nothing in sub-subparagraph (A) of this subparagraph (III), as amended

by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(IV)  Solid or dissolved material in domestic sewage;


(V)  Irrigation return flows;


(VI)  Inert materials deposited for construction fill or topsoil placement in

connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes, if such depositing does not fall within the definition of treatment, storage, or disposal of hazardous waste;

(VII)  Any waste or other materials exempted or otherwise not regulated as a

hazardous waste under the federal act, except as provided in section 25-15-302 (4);

(VIII)  Indigenous waste from prospecting and mining operations which is

disposed of in accordance with the requirements of an approved reclamation plan contained in a permit issued pursuant to article 32 of title 34, C.R.S., or article 33 of title 34, C.R.S.;

(IX)  Waste from oil and gas operations, as defined in section 34-60-103, or

from deep geothermal operations, as defined in section 37-90.5-103 (3), including, but not limited to, drilling fluids, produced water, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal resources, that is disposed of in accordance with the requirements of the energy and carbon management commission pursuant to article 90.5 of title 37 and article 60 of title 34, as applicable; and

(X)  Exploration and production waste, as defined in section 34-60-103.


(c)  Any material which would be hazardous waste subject to the provisions of

this article except for the fact that it has commercial use or value may be subject to regulations promulgated by the commission when it is transported or stored prior to reuse.

(7)  Hazardous waste generation means the act or process of producing

hazardous waste.

(8)  Hazardous waste management means the systematic control of the

collection, source separation, storage, transportation, treatment, recovery, and disposal of hazardous waste.

(9)  Inert material means non-water-soluble and nondecomposable inert

solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to rules and regulations of the commission. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-water-soluble and nondecomposable inert solids including those the commission may identify by regulation.

(10)  Manifest means the document used for identifying the quantity,

composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of storage, treatment, or disposal.

(10.5)  Notice of environmental use restrictions or restrictive notice means

an instrument containing environmental use restrictions created pursuant to section 25-15-321.5.

(11)  Operation, when used in connection with hazardous waste

management, means the use of procedures, equipment, personnel, and other resources to provide hazardous waste management.

(12)  Operator means the person operating a hazardous waste management

facility or site either by contract or permit.

(12.5)  Owner, as used in sections 25-15-317 to 25-15-326, means the record

owner of real property and, if any, any other person or entity otherwise legally authorized to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain.

(13)  Person means any individual, public or private corporation, partnership,

association, firm, trust or estate; the state or any executive 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.

(13.5)  Remedial decision means the administrative determination by the

department, the United States environmental protection agency, or other appropriate government entity under the laws cited in subsection (4.5) of this section, that establishes the remedial requirements for the environmental remediation project.

(14)  Resource recovery, when used in connection with hazardous waste,

means the operation of preparing and treating any such material or portion thereof for recycling or reuse or the recovery of material or energy.

(15)  Storage, when used in connection with hazardous waste, means the

containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. The term storage does not apply to any hazardous waste generation if such waste is retained on the site by the generator in quantities or for time periods exempted by rules and regulations promulgated by the commission.

(16)  Transportation, when used in connection with hazardous waste, means

the off-site movement of hazardous waste to any intermediate point or any point of storage, treatment, or disposal.

(17)  Treatment, when used in connection with an operation involved in

hazardous waste management, means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of a hazardous waste, so as to neutralize such waste or to render such waste less hazardous, safer for transport, amenable for recovery or reuse, amenable for storage, or reduced in volume.

(18)  Treatment, storage, or disposal site or facility means a location at

which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste is generated.

Source: L. 81: Entire article R&RE, p. 1343, � 1, effective July 1. L. 83: (3.5)

added, (4), (6), and (8), (10), (11), and (19) repealed, (9)(b)(I), (9)(b)(IV), and (9)(b)(VI) amended, and (9)(c) added, pp. 1088, 1105, �� 1, 28(1), 2, effective June 3. L. 89: IP(9)(a) amended, p. 1178, � 2, effective April 23. L. 92: Entire section R&RE, p. 1255, � 14, effective August 1. L. 94: (2) amended, p. 2792, � 530, effective July 1. L. 2001: (4.3), (4.5), (4.7), (5.5), (12.5), and (13.5) added, p. 451, � 1, effective July 1. L. 2005: (6)(b)(III) amended, p. 350, � 9, effective August 8. L. 2006: (1) amended, p. 1131, � 9, effective July 1. L. 2008: (10.5) added, p. 169, � 1, effective March 24. L. 2010: (4.5)(c) and (5.5) amended, (HB 10-1422), ch. 419, p. 2105, � 124, effective August 11. L. 2023: IP and (6)(b)(IX) amended and (6)(b)(X) added, (SB 23-285), ch. 235, p. 1247, � 15, effective July 1. L. 2024: (6)(b)(IX) and (6)(b)(X) amended, (HB 24-1346), ch. 216, p. 1343, � 15, effective May 21.

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. § 25-8-103

25-8-103. Definitions. As used in this article 8, unless the context otherwise requires:

(1)  Agricultural chemical means any of the following:


(a)  A pesticide as defined in section 35-10-103, C.R.S.; or


(b)  A commercial fertilizer as defined in section 35-12-103, C.R.S.


(1.1)  Agricultural management area means a designated geographic area

defined by the commissioner of agriculture that includes natural or man-made features where there is a significant risk of contamination or pollution of state waters from agricultural activities conducted at or near the land surface.

(1.2)  Agricultural management plan means any activity, procedure, or

practice adopted as a rule by the commissioner of agriculture pursuant to article 4 of title 24, in consultation with the Colorado cooperative extension service established pursuant to part 7 of article 31 of title 23 and the water quality control division, to prevent or remedy the introduction of agricultural chemicals into state waters to the extent technically and economically practical.

(1.3)  Best management practices means any voluntary activity, procedure,

or practice established by the department of agriculture, in consultation with the Colorado cooperative extension service established pursuant to part 7 of article 31 of title 23 and the water quality control division, to prevent or remedy the introduction of agricultural chemicals into state waters to the extent technically and economically practical.

(1.4)  Biosolids means the accumulated residual product resulting from a

domestic wastewater treatment works or other domestic sources. Biosolids does not include grit or screenings from a wastewater treatment works or commercial and industrial septage or on-site wastewater treatment systems regulated by article 10 of this title.

(1.5)  Commission means the water quality control commission created by

section 25-8-201.

(1.7)  Commissioner means the commissioner of agriculture.


(2)  Control regulation means any regulation promulgated by the

commission pursuant to section 25-8-205.

(3)  Discharge of pollutants means the introduction or addition of a

pollutant into state waters.

(4)  Division means the division of administration of the department of

public health and environment.

(5)  Domestic wastewater treatment works means a system or facility for

treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term domestic wastewater treatment works also includes appurtenances to such system or facility, such as outfall sewers and pumping stations, and to equipment related to such appurtenances. The term domestic wastewater treatment works does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial processes are treated therein.

(6)  Effluent limitation means any restriction or prohibition established

under this article or federal law on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into state waters, including, but not limited to, standards of performance for new sources, toxic effluent standards, and schedules of compliance.

(7)  Executive director means the executive director of the department of

public health and environment.

(8)  Federal act means the Federal Water Pollution Control Act,

commonly referred to as the Clean Water Act.

(8.3) (a)  Graywater means that portion of wastewater that, before being

treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses authorized by the commission in accordance with section 25-8-205 (1)(g); except that graywater use for purposes of scientific research must comply with the requirements of section 25-8-205.3, but need not comply with the commission's control regulations established under section 25-8-205 (1).

(b)  Sources of graywater may include discharges from bathroom and laundry

room sinks, bathtubs, showers, laundry machines, and other sources authorized by rule. Graywater does not include the wastewater from toilets, urinals, kitchen sinks, dishwashers, or nonlaundry utility sinks. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission; except that a person may collect, treat, and use graywater in a manner that departs from the commission's control regulations established under section 25-8-205 (1) if the person collects, treats, and uses graywater for purposes of scientific research in accordance with the requirements of section 25-8-205.3.

(8.4)  Graywater treatment works means an arrangement of devices and

structures used to:

(a)  Collect graywater from within a building or a facility; and


(b)  Treat, neutralize, or stabilize graywater within the same building or

facility to the level necessary for its authorized uses.

(8.5)  Industrial discharger means any entity which introduces pollutants

into a domestic wastewater treatment works from any nondomestic source subject to regulation under section 307 (b), (c), or (d) of the federal act.

(9)  Irrigation return flow means tailwater, tile drainage, or surfaced

groundwater flow from irrigated land.

(10)  Issue or issuance means the mailing to all parties of any order,

permit, determination, or notice, other than notice by publication, by certified mail to the last address furnished to the agency by the person subject thereto or personal service on such person, and the date of issuance of such order, permit, determination, or notice shall be the date of such mailing or service or such later date as is stated in the order, permit, determination, or notice.

(11)  Municipality means any regional commission, county, metropolitan

district offering sanitation service, sanitation district, water and sanitation district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, city, town, Indian tribe or authorized Indian tribal organization, or any two or more of them which are acting jointly in connection with a sewage treatment works.

(12)  Permit means a permit issued pursuant to part 5 of this article.


(13)  Person means an individual, corporation, partnership, association, state

or political subdivision thereof, federal agency, state agency, municipality, commission, or interstate body.

(14)  Point source means any discernible, confined, and discrete

conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Point source does not include irrigation return flow.

(15)  Pollutant means dredged spoil, dirt, slurry, solid waste, incinerator

residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste.

(16)  Pollution means the man-made, man-induced, or natural alteration of

the physical, chemical, biological, and radiological integrity of water.

(16.5)  Pretreatment requirement and standard means any requirement,

prohibition, standard, concentration, or effluent limitation described in enforceable pretreatment requirements by the commission pursuant to section 25-8-205 (1)(b), (1)(c), or (1)(d).

(17)  Promulgate means and includes authority to adopt, and from time to

time amend, repeal, modify, publish, and put into effect.

(17.5)  Reclaimed domestic wastewater means wastewater that has

received treatment in accordance with section 25-8-205.7, 25-8-205.8, or 25-8-205.9 and that enables the wastewater to meet the requirements, prohibitions, standards, and concentration limitations adopted by the commission for subsequent reuses other than drinking.

(18)  Schedule of compliance means a schedule of remedial measures and

times including an enforceable sequence of actions or operations leading to compliance with any control regulation or effluent limitation.

(19)  State waters means any and all surface and subsurface waters that

are contained in or flow in or through this state, including wetlands, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

(20)  Water quality standard means any standard promulgated pursuant to

section 25-8-204.

Source: L. 81: Entire article R&RE, p. 1311, � 1, effective July 1. L. 90: (1) R&RE

and (1.1) to (1.3), (1.5), (1.7), (8.5), and (16.5) added, pp. 1329, 1337, �� 1, 2, 1, effective July 1. L. 93: (1.4) added, p. 1578, � 1, effective July 1. L. 94: (4) and (7) amended, p. 2789, � 517, effective July 1. L. 2000: (17.5) added, p. 252, � 1, effective March 31. L. 2012: (1.4) amended, (HB 12-1126), ch. 137, p. 494, � 3, effective August 8. L. 2013: (8.3) and (8.4) added, (HB 13-1044), ch. 228, p. 1088, � 2, effective May 15. L. 2017: IP and (8.3) amended, (HB 17-1008), ch. 199, p. 722, � 1, effective August 9. L. 2018: (17.5) amended, (SB 18-038), ch. 400, p. 2365, � 1, effective August 8; (17.5) amended, (HB 18-1069), ch. 179, p. 1220, � 1, effective August 8; (17.5) amended, (HB 18-1093), ch. 171, p. 1197, � 1, effective August 8. L. 2019: (1.1), (1.2), and (1.3) amended, (SB 19-186), ch. 422, p. 3688, � 1, effective August 2. L. 2024: (19) amended, (HB 24-1379), ch. 274, p. 1823, � 3, effective May 29.

Editor's note: Amendments to subsection (17.5) by SB 18-038, HB 18-1069,

and HB 18-1093 were harmonized.

Cross references: (1)  For the Federal Water Pollution Control Act or Clean

Water Act, see 33 U.S.C. � 1251 et seq.

(2)  For the legislative declaration contained in the 1994 act amending

subsections (4) and (7), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act adding subsections (8.3) and (8.4), see section 1 of chapter 228, Session Laws of Colorado 2013.

C.R.S. § 25-8-205.1

25-8-205.1. State waters protection - applicability - program to regulate the discharge of dredged or fill material - duties of commission and division - applicability and scope of section - legislative declaration - definitions - rules - repeal. (1) Legislative declaration. (a) The general assembly finds that:

(I)  On May 25, 2023, the United States supreme court issued an opinion in

Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), that interpreted the types of water resources that are considered to be waters of the United States, which are subject to federal permitting requirements under section 404 of the federal Clean Water Act, Pub.L. 92-500, codified at 33 U.S.C. sec. 1251 et seq., as amended, for the discharge of dredged or fill material. The Sackett ruling became immediately effective in Colorado, and the federal environmental protection agency and the United States Army corps of engineers subsequently published new regulations seeking to conform to the Sackett ruling. As a result, federal permitting requirements for the discharge of dredged or fill material no longer apply to certain state waters, including many wetlands.

(II)  As of March 2024, Colorado has not had a state program to authorize the

discharge of dredged or fill material into state waters and has instead relied on the United States Army corps of engineers section 404 permit program. The new definition of waters of the United States under Sackett, which narrows federal jurisdiction in this area, has created a need for a state dredge and fill program. With fewer federal discharge permits being issued by the United States Army corps of engineers following Sackett, many streams, lakes, and wetlands in Colorado are at risk of irreversible harm.

(III)  Some projects involving the discharge of dredged or fill material, such as

those for flood control; stream restoration; water development; construction or maintenance of underground utilities, roads, transit, rail, and housing; and similar efforts that are no longer regulated by the federal act as a result of Sackett, face regulatory uncertainty unless Colorado develops its own dredge and fill program; and

(IV)  The department of public health and environment led stakeholder

efforts during 2023 that focused on regulatory options to address the Sackett decision, and the provisions of this section directly reflect the input received during these efforts concerning exempted activities and excluded types of waters.

(b)  The general assembly further finds that:


(I)  Water is Colorado's most critical natural resource, and safeguarding

water quality is of paramount importance for the protection of public health and Colorado's environment;

(II)  Colorado's wetlands and seasonal streams play a crucial role in

maintaining water quality for drinking water and wildlife habitats, recharging groundwater, controlling floods, and keeping pollution from entering larger bodies of water;

(III)  Given the crucial role that wetlands play in protecting Colorado's water

resources, it is in the state's interest to expressly include wetlands as a category of state waters in the definition of that term used in this article 8. This clarification is consistent with and reiterates the department of public health and environment's longstanding recognition through rules and program implementation that wetlands are state waters deserving of protection under this article 8.

(IV)  Developing a state dredge and fill program will benefit the entities that

wish to engage in dredge and fill projects within Colorado because, without a discharge authorization framework, those projects will be prohibited to the detriment of Colorado's economy and general welfare;

(V)  A state dredge and fill program can provide a mechanism for protecting

the chemical, physical, and biological integrity of Colorado's water resources while facilitating a strong and prosperous economy; and

(VI)  Notwithstanding the narrower scope of waters protected at the federal

level after the Sackett decision, the United States Army corps of engineers' section 404 permit program provides a well-established and protective framework upon which Colorado should model its own dredge and fill program.

(c)  Now, therefore, the general assembly declares that:


(I)  This section is necessary to establish a comprehensive dredge and fill

program to protect state waters, no matter how the federal term waters of the United States is defined in the future; and

(II)  For the purpose of providing clarification concerning the limitations on

the scope of Colorado's dredge and fill program going forward, the program established in this section includes:

(A)  Express exemptions for certain types of activities that are not subject to

dredge and fill program requirements; and

(B)  Express exclusions for certain types of waters that may otherwise fall

under the definition of state waters.

(2)  Applicability - limitations. Nothing in this section applies to the activities

of federally recognized Indian tribes, Indians, their political subdivisions, or tribally controlled affiliates, which activities are undertaken or to be undertaken on lands within the boundaries of an Indian reservation located within the state. Additionally, nothing in this section applies to the activities of third-party non-Indian owners and operators, which activities are undertaken or to be undertaken with respect to reservation waters on Indian trust lands within the boundaries of an Indian reservation located within the state. With regard to privately owned fee land, as defined in section 25-7-1302 (4), within the boundaries of an Indian reservation located within the state, this section applies only to the discharge of dredged or fill materials of persons who are not Indians.

(3)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Clean Water Policy 17 means the division's Clean Water Policy 17,

Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters.

(b)  Compensatory mitigation means the restoration, reestablishment,

rehabilitation, establishment, creation, enhancement, or preservation of state waters for the purpose of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.

(c)  Consultation means to give a federal, state, local, or tribal entity the

opportunity to provide special expertise to authorization processes and technical groups, act as a cooperating agency, or engage as mutually agreed by the division and the entity.

(d) (I)  Discharge of dredged or fill material means, except as described in

subsection (3)(d)(II) of this section, any addition of dredged or fill material into, including redeposit of dredged or fill material other than incidental fallback within, state waters. The term includes:

(A)  The addition of dredged or fill material to a specified discharge site

located in state waters;

(B)  Runoff or overflow from a contained land or water disposal area; and


(C)  Any addition, including redeposit other than incidental fallback, of

dredged or fill material into state waters that is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation.

(II)  Discharge of dredged or fill material does not include:


(A)  Discharges of pollutants into state waters resulting from the onshore

processing of dredged material that is extracted for any commercial use other than fill, which discharges are subject to section 402 of the federal act, even though the extraction and deposit of such material may require a section 404 permit or an authorization issued pursuant to this section;

(B)  Activities that involve only the cutting or removing of vegetation above

the ground, such as mowing, rotary cutting, and chainsawing, so long as the activity neither substantially disturbs the vegetation's root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material; or

(C)  Incidental fallback.


(e) (I)  Discharge of fill material means, except as described in subsection

(3)(e)(II) of this section, the addition of fill material into state waters. The term includes:

(A)  Placement of fill material that is necessary for the construction of any

structure or infrastructure in state waters;

(B)  The building of any structure, infrastructure, or impoundment requiring

rock, sand, dirt, or other material for its construction;

(C)  Site development fills for recreational, industrial, commercial, residential,

or other uses;

(D)  Causeways or road fills;


(E)  Dams and dikes;


(F)  Artificial islands;


(G)  Property protection or reclamation devices such as riprap;


(H)  Levees;


(I)  Placement of fill material for infrastructure such as sewage treatment

facilities, intake and outfall pipes associated with power plants, and subaqueous utility lines;

(J)  Placement of fill material for construction or maintenance of any liner,

berm, or other infrastructure associated with solid waste landfills; and

(K)  Placement of overburden, slurry, tailings, or similar mining-related

materials.

(II)  Discharge of fill material does not include:


(A)  Plowing, cultivating, seeding, or harvesting for the production of food,

fiber, or forest products; or

(B)  Placement of pilings in state waters, unless the placement has or would

have the effect of a discharge of fill material. Placement of pilings for linear projects, such as bridges, elevated walkways, and power line structures, generally does not have the effect of a discharge of fill material. Furthermore, placement of pilings in state waters for a pier, a wharf, or an individual house on stilts generally does not have the effect of a discharge of fill material. Examples of activities that would have the effect of a discharge of fill material include projects where the pilings are so closely spaced that sedimentation rates would be increased, projects in which the pilings themselves effectively would replace the bottom of a body of state waters, projects involving the placement of pilings that would reduce the reach or impair the flow or circulation of state waters, and projects involving the placement of pilings that would result in the adverse alteration or elimination of aquatic functions.

(f)  Drainage ditch means a ditch that is designed for at least the partial

purpose of increasing drainage of a particular land area or infrastructure for purposes including agriculture; transportation, including roadside and railroad transportation; mosquito abatement; and stormwater management.

(g)  Dredge and fill activity means an activity that includes the discharge of

dredged or fill material.

(h)  Dredge and fill program means the regulatory dredge and fill discharge

authorization program described by this section, including the rules promulgated by the commission, as administered by the division pursuant to this section.

(i)  Dredged material means material that is excavated or dredged from

state waters.

(j)  Dredged or fill material means dredged material or fill material.


(k)  Ecological lift means an improvement in the biological health, as well as

the chemical, geomorphic, or hydrologic health, of an area that has been damaged, degraded, or destroyed.

(l)  Fens or peatlands means wetlands with organic soil that are classified

as a histosol in the guidance document titled Field Indicators of Hydric Soils in the United States published by the federal natural resources conservation service.

(m) (I)  Fill material means, except as described in subsection (3)(m)(III) of

this section, material placed in state waters where the material has the effect of:

(A)  Replacing any portion of state waters with upland; or


(B)  Changing the bottom elevation of any portion of any state waters.


(II)  Fill material includes rock, sand, soil, clay, plastics, construction debris,

wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in state waters.

(III)  Fill material does not include solid waste.


(n)  Isolated ordinary high watermark reaches means reaches of state

waters with an ordinary high watermark that are bordered upstream and downstream by uplands.

(o)  Isolated ponds and impoundments means ponds and impoundments

that are not within the one-hundred-year floodplain or within one thousand five hundred feet of an ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.

(p)  Isolated wetlands means wetlands wholly surrounded by uplands.

Isolated wetlands does not include wetlands where any portion of the wetland is within the one-hundred-year floodplain or within one thousand five hundred feet of the ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.

(q)  Kettle ponds means lakes, ponds, or wetlands located within a formerly

glaciated landscape and formed by ice blocks left by a retreating glacier.

(r)  Ordinary high watermark means that line on the shore established by

the fluctuations of water and indicated by physical characteristics, such as:

(I)  A clear, natural line impressed on the bank;


(II)  Shelving;


(III)  Changes in the character of soil;


(IV)  Destruction of terrestrial vegetation;


(V)  The presence of litter and debris; or


(VI)  Other appropriate means that consider the characteristics of the

surrounding area.

(s)  Section 404 permit means a permit issued by the United States Army

corps of engineers pursuant to section 404 of the federal act. The term includes an individual permit, activities authorized by a nationwide or regional permit, and a letter of permission issued in accordance with regulations of the United States Army corps of engineers.

(t)  State waters has the meaning set forth in section 25-8-103 (19).


(u)  Upland means any land area that, under normal circumstances, is not a

wetland and does not lie below the ordinary high watermark.

(v)  Wetlands means areas that are inundated or saturated by surface or

groundwater at a frequency and for a duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(4)  Duties of the commission. (a) (I)  Rules for state dredge and fill

discharge authorization program - definition. The commission shall promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal act.

(II)  The rules promulgated pursuant to subsection (4)(a)(I) of this section

must include:

(A)  Procedures for the issuance, modification, and termination of individual

and general authorizations, including public notice and participation requirements;

(B)  The duration of authorizations; except that the duration of an

authorization must not exceed five years;

(C)  The establishment of authorization fees that will be utilized to implement

the program pursuant to section 25-8-210;

(D)  Details concerning the division's consultation with federal, state, local,

and tribal entities, especially those entities with special expertise with respect to any environmental-, natural resource-, or agriculture-related issue; and

(E)  An exemption for voluntary stream restoration efforts in ephemeral

streams that do not require compensatory mitigation and are designed solely to provide ecological lift where the activity is taking place. As used in this subsection (4)(a)(I)(E), ephemeral stream means a stream channel or a reach of a stream channel that carries flow during, and for a short duration as the direct result of, precipitation events and that has a channel bottom that is always above the groundwater table.

(III)  The rules promulgated pursuant to subsection (4)(a)(I) of this section

may include:

(A)  Further minor clarification of the terminology used to define the

exemptions and exclusions in subsections (8)(b) and (8)(d) of this section without limiting or expanding the scope of the exemptions and exclusions; and

(B)  A deadline shorter than two years for the division to act upon a complete

application for an individual authorization for projects that involve minimal to moderate costs and have minimal water quality impacts or limited potential water quality impacts.

(IV) (A)  In promulgating the rules described in subsection (4)(a)(I) of this

section, the commission shall ensure that the rules are as protective as the guidelines set forth in section 404 (b)(1) of the federal act and in effect as of May 29, 2024.

(B)  If the commission finds, based on a demonstration at a public rulemaking

hearing, that the guidelines set forth in section 404 (b)(1) of the federal act are not protecting state waters, the commission shall amend its rules or adopt new rules to protect state waters. Such a hearing may be initiated by the commission upon its own motion or upon a petition from the division. Any interested person may petition to the commission to initiate a hearing, and the commission may grant or deny such a request.

(C)  The commission's findings to support any changes to its rules must be

based on sound scientific or technical evidence in the record demonstrating that rules more protective than the guidelines set forth in section 404 (b)(1) of the federal act are necessary to protect the chemical, physical, and biological integrity of state waters. The findings must be accompanied by a statement of basis and purpose referring to and evaluating the information and studies contained in the record, which form the basis for the commission's conclusion.

(b)  Rules for individual authorizations. The commission shall promulgate

rules by December 31, 2025, concerning individual authorizations for dredge and fill activities. The rules must include:

(I)  Application requirements, including:


(A)  Project location information;


(B)  A project description, including site plans;


(C)  An alternatives analysis;


(D)  A purpose and need statement;


(E)  A description of avoidance and minimization measures;


(F)  A projected impacts analysis; and


(G)  A compensatory mitigation plan;


(II)  A prohibition against the discharge of dredged or fill material where

there is a practicable alternative to the proposed discharge that would have less adverse impact on state waters so long as the alternative does not have other significant adverse environmental consequences. Any purpose and need statement, evaluation of alternatives, and impacts analysis developed through the section 404 permitting process shall be used for the purpose of implementing this prohibition. The rules must also include criteria for the division to use to implement the prohibition.

(III)  Direction to the division to include conditions in individual authorizations,

which conditions are designed to:

(A)  Remove or reduce the impact to state waters of a discharge of dredged

or fill material;

(B)  Protect downstream uses;


(C)  Address the direct, indirect, and cumulative impacts of the activity on the

chemical, physical, and biological integrity of state waters; and

(D)  Ensure that an authorized activity as a whole will comply with all

applicable state water quality requirements, either as proposed or as conditioned in the authorization; and

(IV)  Other individual authorization terms, such as monitoring, record-keeping,

and reporting requirements.

(c)  Rules for compensatory mitigation. The commission shall promulgate

rules by December 31, 2025, to provide details concerning compensatory mitigation requirements, including methods for assuring impacts to wetlands and streams are fully compensated through functional assessments and ratios that can be applied through individual mitigation projects or by applying acre-based ratios using the watershed approach as described by the United States Army corps of engineers.

(5)  Duties of the division. The division has the following duties in

administering the state dredge and fill discharge authorization program:

(a)  Individual authorizations. (I)  Upon the commission's promulgation of

rules pursuant to subsection (4) of this section, the division shall issue individual authorizations consistent with the rules promulgated by the commission under subsection (4) of this section.

(II)  In addition to any compensatory mitigation requirements the division

determines are necessary to comply with the commission's rules and subsection (5)(c) of this section, for projects subject to the requirements of section 37-60-122.2 (1)(b), the division shall take into consideration the official state position regarding mitigation for fish and wildlife resources, which position is established pursuant to section 37-60-122.2 (1), and may adopt all or part of such position into individual authorizations as conditions.

(III)  The division shall act upon an application for an individual authorization

within two years after receiving a complete application. This period may be extended by a written agreement between the division and the applicant. This period may also be extended by the division if there are significant changes to the project that is the subject of the application or if there is significant new information concerning the environmental impacts of the project, in which case the division shall provide notice to the applicant of the extension in writing along with an explanation of the basis for the extension.

(IV)  An individual authorization, including all conditions incorporated into the

individual authorization, is subject to administrative reconsideration by the commission under section 25-8-403 and then judicial review under section 25-8-404.

(b)  General authorizations - categories - definitions. (I)  In addition to the

division's authority in subsection (5)(b)(III) of this section to issue a statewide general authorization for discharges to isolated state waters, the division shall issue general authorizations for the discharge of dredged or fill material into state waters for categories of activities that are similar in nature and similar in impact on the quality of state waters, cause only minimal adverse impacts to state waters when performed separately, and have only minimal cumulative adverse impacts on state waters. The categories of general authorizations must correspond with the various nationwide and regional permits issued by the United States Army corps of engineers. The division may tailor the terms of certain nationwide or regional permits or create additional general authorizations to achieve greater efficiency and to address Colorado-specific needs, including but not limited to emergency response to wildfire and voluntary ecological restoration and enhancement projects.

(II)  Beginning January 1, 2025, until the rules described in subsection (4) of

this section are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers, as such permits apply to Colorado and subject to subsections (8)(b) and (8)(d) of this section, constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction. The division shall recognize compliance with the applicable terms of the nationwide and regional general permits as constituting compliance with this section. Beginning January 1, 2025, an applicant seeking authorization for discharges of dredged or fill material into state waters that are not subject to federal jurisdiction shall submit to the division any preconstruction notification required under the applicable nationwide or regional general permit. If the applicable nationwide or regional general permit requires compensatory mitigation, the applicant shall obtain a temporary authorization from the division pursuant to subsection (6)(a)(II) of this section before the commencement of the activity.

(III) (A)  As expeditiously as is prudent and feasible, the division shall issue a

statewide general authorization for discharges to isolated state waters. For purposes of this subsection (5)(b)(III), isolated state waters are isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches.

(B)  The division's statewide general authorization for discharges to isolated

state waters does not include the following state waters, which may be isolated state waters: Fens or peatlands or kettle ponds. Discharges of dredged or fill material to these isolated state waters of significance require an authorization by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.

(C)  The division's statewide general authorization for discharges to isolated

state waters must identify best management practices to protect isolated state waters. The statewide general authorization for discharges to isolated state waters must not require preconstruction notification as described in subsection (5)(d) of this section.

(D)  The division's statewide general authorization for discharges to isolated

waters must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. A project in excess of one of these thresholds requires a permit by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.

(E)  If the division issues the statewide authorization for discharges to

isolated state waters described in this subsection (5)(b)(III) prior to the commission's rule-making described in subsection (4) of this section, the division shall notice the draft general authorization for public comment for sixty days prior to its issuance. The statewide general authorization for discharges to isolated state waters is subject to administrative review by the commission pursuant to section 25-8-403.

(F)  The authorization term of the statewide general authorization for

discharges to isolated state waters is five years.

(IV)  General authorizations issued by the division are subject to

administrative reconsideration by the commission under section 25-8-403; except that notices of authorization to conduct an activity under a general authorization are not subject to such administrative reconsideration but are subject to judicial review under section 25-8-404.

(c)  Compensatory mitigation requirements. (I)  The division shall include

compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in:

(A)  Greater than one-tenth of an acre of unavoidable adverse impacts to

wetlands; or

(B)  Greater than three-hundredths of an acre of unavoidable impacts to

streams.

(II)  Compensatory mitigation must compensate for all functions of state

waters that will be lost as a result of the authorized activity. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or permittee-responsible mitigation.

(d)  Preconstruction notifications. The division shall utilize the existing

structure of preconstruction notifications in the nationwide and regional permits issued by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification. Where preconstruction notification is required by a general authorization before the commencement of an activity, the project proponent must provide at least thirty calendar days of preconstruction notice to the division unless a shorter notice is allowed under the terms of the applicable general authorization. After providing such preconstruction notification, the project proponent may commence the activity if:

(I)  The division issues to the project proponent a notice of authorization in

writing that the project proponent may commence the activity; or

(II)  Forty-five calendar days elapse without the division providing the project

proponent a notice of written objection to the activity or providing a notice that the division has determined the notification is incomplete, the activity does not meet the criteria for the category of activities covered by the general authorization, or the activity will not comply with all applicable federal and state statutory and regulatory requirements. A notice of written objection provided to a project proponent by the division must state the basis of the division's objections with specificity, is subject to direct judicial review under section 25-8-404, and is not subject to administrative reconsideration under section 25-8-403.

(e)  Notices of authorization. The division may issue notices of authorization,

where appropriate, to memorialize coverage under a general authorization. The division may include conditions in notices of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that the activity will have only minimal individual and cumulative adverse impacts on state waters.

(f)  Administrative guidance. The division may establish guidance to assist in

administering the dredge and fill discharge authorization program. Additionally, the division may rely upon relevant guidance from the federal environmental protection agency and the United States Army corps of engineers, including technical guidance and environmental analyses under the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4231 et seq., as amended, in administering the program, to the extent such guidance is consistent with this section and the commission's rules.

(g)  Western slope staff. The division may, to the extent resources allow,

establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area.

(6)  Transition - repeal. (a)  Until the rules promulgated by the commission

pursuant to subsection (4) of this section become effective and the division issues general authorizations under the rules:

(I)  Notwithstanding subsection (8)(a) of this section, Clean Water Policy 17

continues in effect until January 1, 2025;

(II)  For activities that do not qualify for enforcement discretion under Clean

Water Policy 17 because the activities would require compensatory mitigation, and for activities that proceed under a federal nationwide or regional permit pursuant to subsection (5)(b)(II) of this section and that require compensatory mitigation, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters:

(A)  Where any required compensatory mitigation is associated only with

streams and not wetlands and would result in net increases in the functions and services of state waters; or

(B)  Where the applicant shows proof of purchase of mitigation bank credits

that meet or exceed the compensatory mitigation requirements that would have been applicable under the federal nationwide or regional permit; and

(III)  Temporary authorizations must include conditions necessary to protect

the public health and the environment and to meet the intent of this section. The division may issue a temporary authorization for a period not to exceed two years, and a temporary authorization expires as provided in the issuance or denial of the final notice of authorization. The final notice of authorization must include such terms and conditions, including those for compensatory mitigation, as are necessary to address discharges that occurred under the temporary authorization.

(b)  This subsection (6) is repealed, effective September 1, 2026.


(7)  Relationship to section 25-8-104. The rules promulgated pursuant to

this section are subject to, and do not amend or limit, the restrictions described in section 25-8-104.

(8)  Applicability and scope of dredge and fill discharge authorization

program - prohibitions on discharge without an authorization - definitions. (a) Except when conducting an exempted activity described in subsection (8)(b) of this section or when discharging into an excluded type of water described in subsection (8)(d) of this section, a person shall not discharge dredged or fill material into state waters without first obtaining coverage under a general authorization or an individual authorization for the discharge.

(b)  The following activities are exempt from the requirements of this section

and do not require a discharge authorization:

(I)  Activities in receipt of an active section 404 permit that was issued prior

to May 25, 2023;

(II)  Activities in receipt of an approved jurisdictional determination issued by

the United States Army corps of engineers prior to May 25, 2023, finding that the state waters into which the proposed discharge of dredged or fill material will occur are not waters of the United States unless there has been a significant hydrological change since the determination was issued;

(III)  Activities in receipt of an active section 404 permit that was issued on or

after May 25, 2023, except to the extent that the project area of the section 404 permit involves a discharge of dredged or fill material into state waters that have been determined by the United States Army corps of engineers to not be waters of the United States under the section 404 permit and are not otherwise excluded under this section;

(IV)  Activities associated with a project for which the project proponent

applied for an individual section 404 permit prior to May 25, 2023;

(V)  Normal farming, silviculture, and ranching activities, such as plowing;

seeding; cultivating; minor drainage; application of on-farm chemicals; harvesting for the production of food, fiber, and forest products; or upland soil and water conservation practices. As used in this subsection (8)(b)(V), upland soil and water conservation practices means any discharge of dredged or fill material into state waters incidental to soil and water conservation practices for the purpose of improving, maintaining, or restoring uplands, including rangeland management practices, erosion control practices, and vegetation management practices.

(VI)  Maintenance, including emergency reconstruction of recently damaged

parts, of currently serviceable structures, such as dikes, dams, levees, lagoons, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance also includes minor deviations in a structure's configuration or filled area to accommodate changes in materials, construction techniques, regulatory requirements, or construction codes or safety standards.

(VII)  Construction or maintenance of farm ponds, stock ponds, farm lagoons,

springs, recharge facilities located in uplands, and irrigation ditches or acequias, or maintenance of a drainage ditch, roadside ditch, or a ditch or canal conveying wastewater or water. Construction of new work or to extend, expand, or relocate an irrigation ditch or acequia for municipal or industrial purposes is not an exempt activity. As used in this subsection (8)(b)(VII):

(A)  Construction includes new work and work that results in an extension

or expansion of an existing structure, and the construction of irrigation ditches or acequias includes activities such as placement of new control structures, ditch relocation, ditch conversion into pipe, and lining, which means placing impervious material such as concrete, clay, or geotextile within the flow perimeter of an open canal, lateral, or ditch with the intent of reducing seepage losses and improving conveyance efficiency. All new lining of ditches, in instances where the ditch has not previously been lined, is considered construction.

(B)  Irrigation ditch or acequia includes a human-made feature or a

maintained natural feature if use of the maintained natural feature existed on January 1, 2024, and an upland swale that moves or conveys water to an ultimate irrigation use or place of use, or moves or conveys irrigation water, also known as runoff, away from irrigated lands. Irrigation ditch or acequia may include a distribution system or its parts, including human-made canals, laterals, ditches, siphons, pumps, headgates, wing walls, weirs, diversion structures, pipes, pump systems, return structures, and such other facilities appurtenant to and functionally related to irrigation ditches. If a ditch carries water that is used for irrigation, irrigation return flows or return flow obligations, aquifer recharge, aquifer or stream augmentation or replacement, or precipitation or snowmelt that moves from an irrigated field either to or away from an area subject to being irrigated, that ditch is considered an irrigation ditch and not a drainage ditch.

(C)  Maintenance means maintenance pertaining to a human-made

structure, such as a farm pond, stock pond, or maintained spring, or a maintained natural feature conveying water for irrigation or wildlife purpose if use of the maintained natural feature existed as of January 1, 2024; maintenance pertaining to a drainage ditch, a roadside ditch, or a ditch or canal conveying wastewater or water for irrigation or for municipal purposes, domestic purposes, industrial purposes, commercial purposes, augmentation, recharge, wildlife, recreation, compact compliance, or any other purpose; and maintenance pertaining to repairs to an existing structure or feature to keep it in its existing state or proper condition or to preserve it from failure or decline. Such maintenance includes excavation of accumulated sediments back to original contours; reshaping of side-slopes; bank stabilization to prevent erosion where reasonably necessary using best management practices and, for maintenance of drainage ditches, materials that are compatible with existing bank materials; armoring, lining, and piping for the purpose of repairing a previously armored, lined, or piped section of a ditch so long as all work occurs within the footprint of the previous work; and replacement of existing control structures where the original function is not changed and original approximate capacity is not increased.

(VIII)  Construction of temporary sedimentation basins on a construction site,

which construction does not include placement of fill material into state waters;

(IX)  Construction or maintenance of farm roads or forest roads or temporary

roads for moving wildfire and post-fire mitigation equipment and related materials or mining equipment where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of the state waters is not reduced, and that any adverse impacts on the state waters will be otherwise minimized;

(X)  Activities for the purpose of providing emergency response to,

preventative mitigation of, or recovery from damage caused by a fire, a flood, or other natural disaster so long as the activity is conducted in a manner that minimizes the loss of state waters to the extent practicable and in accordance with best management practices that do not interfere with efforts to address the underlying emergency;

(XI)  Maintenance of water reuse facilities, wastewater reclamation facilities,

water management facilities, water treatment facilities, or wastewater water treatment facilities. Such maintenance includes reconstruction due to recent damage or maintenance of currently serviceable structures, such as pumps, control systems, weirs, gates, clarifiers, solids handling, filters, sedimentation basins, treatment ponds and lagoons, and related features, which maintenance activities keep the facility in its existing state or proper condition to preserve it from failure or decline.

(XII)  Maintenance activities in off-channel reservoirs that do not directly

affect a connected natural stream. Such maintenance includes emergency reconstruction due to recent damage; maintenance of currently serviceable structures such as spillways, outlet structures, gates, pumps, and control systems; and reshaping of side slopes, bank stabilization, or dredging, which maintenance activities keep an off-channel reservoir in its existing state or proper condition and to preserve it from failure or decline.

(XIII)  Wildlife habitat management activities, including seeding, cultivating,

minor drainage, vegetation management, irrigating, water management, and maintenance of ditches, dikes, embankments, impoundments, water control features, and other water conveyance features that are human-made or maintained or that occur naturally to support wildlife habitat. Wildlife habitat management means activities that occur on land managed primarily for wetland or riparian habitats to support wetland and riparian species and does not include activities that are incidental to land used for residential, industrial, or commercial purposes.

(c)  Recapture provision - rules. Consistent with section 404 (f)(2) of the

federal act, any discharge of dredged or fill material into state waters incidental to any activity that brings an area of the state waters into a use to which it was not previously subject, where the flow or circulation of state waters may be impaired or where the reach of such waters may be reduced, is not included within the exempted activities described in subsection (8)(b) of this section. The commission may further clarify the effect of this subsection (8)(c) through rule-making.

(d)  Excluded types of waters - definitions. Notwithstanding the definition of

state waters provided in section 25-8-103 (19), an authorization is not required for the discharge of dredged or fill material into the following types of waters, and such a discharge is not otherwise prohibited or regulated under this section:

(I)  All portions of ditches and canals that are excavated on upland and that

convey water or wastewater;

(II)  Storm water control features that are constructed to convey, treat, or

store storm water and that are created in upland;

(III)  Artificially irrigated areas that would revert to uplands if irrigation

ceased;

(IV)  Artificial lakes, lagoons, or ponds that are created entirely by excavating

or diking upland to collect and retain water and that are used exclusively for stock watering, irrigation, settling basins, or rice growing;

(V)  Wetlands that are adjacent to a ditch or canal and supported by water in

the adjacent ditch or canal;

(VI)  Recharge facilities, including ponds, included in uplands for the purpose

of facilitating recharge of aquifers or streams;

(VII)  Artificial reflecting or swimming pools or other small ornamental bodies

of water created by excavating or diking upland to retain water for primarily aesthetic reasons;

(VIII)  Water-filled depressions created in uplands incidental to mining or

construction activity and pits excavated in uplands for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting water feature is state waters;

(IX)  Swales and erosional features, such as gullies, small washes, and rills,

that do not contain wetlands or an ordinary high watermark;

(X)  Groundwater. As used in this subsection (8)(d)(X), groundwater means

subsurface waters in a zone of saturation that are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas. Groundwater does not include wetlands.

(XI)  Prior converted cropland. As used in this subsection (8)(d)(XI), prior

converted cropland means any area that, prior to December 23, 1985, was drained or otherwise manipulated for agricultural purposes, which includes land use that makes the production of an agricultural product possible, including grazing and haying. Cropland that is left idle or fallow for conservation or agricultural purposes for any period of time remains in agricultural use and, if the cropland otherwise qualifies under this subsection (8)(d)(XI), is prior converted cropland. The commission and the division shall recognize designations of prior converted cropland made by the United States secretary of agriculture. An area is no longer considered prior converted cropland if the area is abandoned and has reverted to wetlands. Abandonment occurs when prior converted cropland is not used for, or in support of, agricultural purposes at least once in the immediately preceding five years. The division shall determine whether prior converted cropland has been abandoned, subject to appeal to the commission.

(9)  For the 2024-25 state fiscal year and for each state fiscal year

thereafter, if the total number of authorizations issued pursuant to subsection (5) of this section exceeds or is projected by the department of public health and environment to exceed one hundred ten authorizations, the department of public health and environment shall seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner.

Source: L. 2024: Entire section added, (HB 24-1379), ch. 274, p. 1805, � 2,

effective May 29.

C.R.S. § 25-8-205.3

25-8-205.3. Exemption from control regulations for graywater research - definition - repeal. (1) Subject to the conditions set forth in subsection (2) of this section, a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research on the utility's or institution's behalf may collect, treat, and use graywater in a manner that departs from the requirements of the commission's control regulations, as promulgated pursuant to section 25-8-205 (1)(g), for the purpose of conducting scientific research on the collection, treatment, and use of graywater.

(2)  A person collecting, treating, or using graywater pursuant to this section:


(a)  Shall collect and use the graywater in accordance with the terms and

conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows;

(b)  Shall utilize a graywater treatment works system that incorporates a

secondary water supply, such as a municipal water supply, to provide an alternative source of water if any portion of the system does not function properly; however, this subsection (2)(b) does not apply to scientific research involving the use of graywater exclusively for irrigation purposes;

(c) (I)  May collect, treat, and use the graywater in an area that is not within

the jurisdiction of any city, city and county, or county that has adopted an ordinance or resolution authorizing graywater use pursuant to section 25-8-205 (1)(g)(II);

(II)  This subsection (2)(c) is repealed, effective January 1, 2026.


(d)  May use the graywater for a nonpotable beneficial use including

irrigation or toilet flushing if such use is tied to the purpose of the person's scientific research;

(e)  Must comply with 45 CFR 46 and other applicable statutes and

regulations for scientific research involving human exposure to graywater; and

(f)  On an annual basis, shall report to the water resources and agriculture

review committee, created in section 37-98-102, the results of periodic monitoring of the project conducted to assess:

(I)  The functioning of the graywater treatment works system used to collect

graywater; and

(II)  For scientific research involving human exposure, the project's continued

compliance with the requirements of the federal department of health and human services' regulations concerning the protection of human research subjects, codified in 45 CFR 46.

(3)  Only an institution of higher education or a person contracting with an

institution of higher education may collect, treat, and use graywater for research involving human exposure.

(4)  As used in this section, scientific research involving human exposure

means a research study in which:

(a)  Empirical data is collected and analyzed about collection, treatment, or

use of graywater; and

(b)  Humans participate as subjects in the study.


Source: L. 2017: Entire section added, (HB 17-1008), ch. 199, p. 723, � 3,

effective August 9. L. 2022: IP(2)(f) amended, (SB 22-030), ch. 59, p. 269, � 4, effective August 10. L. 2024: (2)(c)(II) added by revision, (HB 24-1362), ch. 277, pp. 1842, 1843 �� 5, 6.

C.R.S. § 25-8-205.7

25-8-205.7. Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Category 1 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

total suspended solids standards promulgated by the commission for category 1 water.

(b)  Category 2 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 2 water.

(c)  Category 3 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 3 water.

(d)  E. coli means the Escherichia coli bacteria that are found in the

environment, foods, and intestines of people and animals.

(e) (I)  Food crop means a crop produced for direct human consumption or a

tree that produces nuts or fruit intended for direct human consumption.

(II)  Food crop does not include a crop produced for animal consumption

only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)  Point of compliance means a point, as identified by the person that

treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2)  Reclaimed domestic wastewater may be used as follows:


(a)  In compliance with the category 1 standard, for:


(I)  Evaporative industrial processes;


(II)  Nonevaporative industrial processes;


(III)  Nondischarging construction and road maintenance;


(IV)  Landscape irrigation at sites with restricted access;


(V)  Zoo operations;


(VI)  Nonfood crops; and


(VII)  Silviculture;


(b)  In compliance with the category 2 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard;

(II)  Washwater applications;


(III)  Landscape irrigation at sites without restricted access;


(IV)  Commercial laundries;


(V)  Automated vehicle washing;


(VI)  Manual, nonpublic vehicle washing;


(VII)  Nonresidential fire protection; and


(VIII)  If used in accordance with subsection (4) of this section, irrigation of

food crops for commercial use;

(c)  In compliance with the category 3 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard and the category 2 standard;

(II)  Landscape irrigation at sites that are controlled by residents;


(III)  Residential fire protection; and


(IV)  If used in accordance with subsection (3) of this section, irrigation of

food crops for noncommercial use.

(3)  All reclaimed domestic wastewater systems must be compliant with and

installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4)  In addition to complying with the category 2 standard pursuant to

subsection (2)(b)(VIII) of this section or the category 3 standard pursuant to subsection (2)(c)(IV) of this section and regardless of whether the use is for food crops produced for commercial use or noncommercial use, reclaimed domestic wastewater may be used for irrigation of food crops only if the use meets the water quality standards for commercial crops set forth in the federal FDA Food Safety Modernization Act, Pub.L. 111-353, as amended. In promulgating rules for the category 2 and category 3 standards at the point of compliance for use of reclaimed domestic wastewater for irrigation of food crops, the commission shall not promulgate any rule that is more stringent than the relevant standards set forth in the federal FDA Food Safety Modernization Act, Pub.L. 111-353, as amended.

(5) (a)  On or before December 31, 2019, the commission may promulgate

rules in accordance with this section.

(b)  In promulgating rules in accordance with this section, the commission:


(I)  May create new categories of water quality standards beyond the three

categories set forth in this section; and

(II)  May recategorize any of the uses set forth in subsection (2) of this section

to a less stringent category of water quality standard.

(c)  The commission, by rule, may authorize additional uses of reclaimed

domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)  The commission may promulgate rules more stringent than the standards

and categories set forth in subsection (2) of this section only if the commission:

(I)  Determines that the standards and categories set forth in subsection (2)

of this section are not protective of public health; and

(II)  Identifies:


(A)  A documented incident of microbial disease that the commission

determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)  A peer-reviewed published article that identifies a potential public health

risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(6)  Following a public stakeholders process, the water quality control

division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(7)  In addition to the relief available under section 25-8-205 (6), the division

may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (5) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(8)  Use of reclaimed domestic wastewater is allowed only in accordance with

the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: L. 2018: Entire section added, (HB 18-1093), ch. 171, p. 1197, � 3,

effective August 8. L. 2019: (1)(f) amended, (HB 19-1200), ch. 78, p. 283, � 1, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1704, � 162, effective October 1.

C.R.S. § 25-8-205.8

25-8-205.8. Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Category 1 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

total suspended solids standards promulgated by the commission for category 1 water.

(b)  Category 2 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 2 water.

(c)  Category 3 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 3 water.

(d)  E. coli means the Escherichia coli bacteria that are found in the

environment, foods, and intestines of people and animals.

(e) (I)  Food crop means a crop produced for direct human consumption or a

tree that produces nuts or fruit intended for direct human consumption.

(II)  Food crop does not include a crop produced for animal consumption

only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)  Point of compliance means, except as provided in subsection (1.5) of this

section, a point, as identified by the person that treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(1.5)  With regard to reclaimed domestic wastewater used for indoor

nonpotable uses within a building where the general public can access the plumbing fixtures that are used to deliver the reclaimed domestic wastewater, the commission may promulgate rules to require a point of compliance for disinfection residual, which rules must:

(a)  Be based on a determination that the additional point of compliance

would protect public health; and

(b)  Establish a point of compliance for disinfection residual at a single

location between where reclaimed domestic wastewater is delivered to the occupied premises and before the water is distributed for use in the occupied premises.

(2)  Reclaimed domestic wastewater may be used as follows:


(a)  In compliance with the category 1 standard, for:


(I)  Evaporative industrial processes;


(II)  Nonevaporative industrial processes;


(III)  Nondischarging construction and road maintenance;


(IV)  Landscape irrigation at sites with restricted access;


(V)  Zoo operations;


(VI)  Irrigation of crops that are not food crops; and


(VII)  Silviculture;


(b)  In compliance with the category 2 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard;

(II)  Washwater applications;


(III)  Landscape irrigation at sites without restricted access;


(IV)  Commercial laundries;


(V)  Automated vehicle washing;


(VI)  Manual, nonpublic vehicle washing; and


(VII)  Nonresidential fire protection;


(c)  In compliance with the category 3 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard and the category 2 standard;

(II)  Landscape irrigation at sites that are controlled by residents;


(III)  Residential fire protection; and


(IV)  Toilet and urinal flushing in:


(A)  Multifamily residential structures, only if the toilet and urinal

installations are conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.

(B)  Nonresidential structures, only if the toilet and urinal installations are

conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.

(3) (a) (I)  On or before December 31, 2019, and except as provided in

subsection (3)(a)(II) of this section, the commission may promulgate rules in accordance with this section.

(II)  Notwithstanding subsection (3)(a)(I) of this section, the state plumbing

board shall promulgate rules governing the installation and inspection of toilet and urinal systems and structures for which reclaimed domestic wastewater is used pursuant to subsection (2)(c)(IV) of this section.

(b)  In promulgating rules in accordance with this section, the commission:


(I)  May create new categories of water quality standards beyond the three

categories set forth in this section; and

(II)  May recategorize any of the uses set forth in subsection (2) of this section

to a less stringent category of water quality standard.

(c)  The commission, by rule, may authorize additional uses of reclaimed

domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)  The commission may promulgate rules more stringent than the standards

and categories set forth in subsection (2) of this section only if the commission:

(I)  Determines that the standards and categories set forth in subsection (2)

of this section are not protective of public health; and

(II)  Identifies:


(A)  A documented incident of microbial disease that the commission

determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)  A peer-reviewed published article that identifies a potential public health

risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(4)  Following a public stakeholders process, the water quality control

division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(5)  In addition to the relief available under section 25-8-205 (6), the division

may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (3) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(6)  Use of reclaimed domestic wastewater is allowed only in accordance with

the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: L. 2018: Entire section added, (HB 18-1069), ch. 179, p. 1220, � 3,

effective August 8. L. 2019: (1)(f) amended and (1.5) added, (HB 19-1200), ch. 78, p. 283, � 2, effective August 2; (2)(c)(IV) amended, (HB 19-1172), ch. 136, p. 1704, � 163, effective October 1.

C.R.S. § 25-8-205.9

25-8-205.9. Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Category 1 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

total suspended solids standards promulgated by the commission for category 1 water.

(b)  Category 2 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 2 water.

(c)  Category 3 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 3 water.

(d)  E. coli means the Escherichia coli bacteria that are found in the

environment, foods, and intestines of people and animals.

(e) (I)  Food crop means a crop produced for direct human consumption or a

tree that produces nuts or fruit intended for direct human consumption.

(II)  Food crop does not include a crop produced for animal consumption

only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)  Industrial hemp has the same meaning as set forth in section 35-61-101

(7).

(g)  Point of compliance means a point, as identified by the person that

treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2)  Reclaimed domestic wastewater may be used as follows:


(a)  In compliance with the category 1 standard, for:


(I)  Evaporative industrial processes;


(II)  Nonevaporative industrial processes;


(III)  Nondischarging construction and road maintenance;


(IV)  Landscape irrigation at sites with restricted access;


(V)  Zoo operations;


(VI)  When not used as a food crop, irrigation of industrial hemp or another

crop; and

(VII)  Silviculture;


(b)  In compliance with the category 2 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard;

(II)  Washwater applications;


(III)  Landscape irrigation at sites without restricted access;


(IV)  Commercial laundries;


(V)  Automated vehicle washing;


(VI)  Manual, nonpublic vehicle washing; and


(VII)  Nonresidential fire protection;


(c)  In compliance with the category 3 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard and the category 2 standard;

(II)  Landscape irrigation at sites that are controlled by residents; and


(III)  Residential fire protection.


(3)  All reclaimed domestic wastewater systems must be compliant with and

installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4) (a)  On or before December 31, 2019, the commission may promulgate

rules in accordance with this section.

(b)  In promulgating rules in accordance with this section, the commission:


(I)  May create new categories of water quality standards beyond the three

categories set forth in this section; and

(II)  May recategorize any of the uses set forth in subsection (2) of this section

to a less stringent category of water quality standard.

(c)  The commission, by rule, may authorize additional uses of reclaimed

domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)  The commission may promulgate rules more stringent than the standards

and categories set forth in subsection (2) of this section only if the commission:

(I)  Determines that the standards and categories set forth in subsection (2)

of this section are not protective of public health; and

(II)  Identifies:


(A)  A documented incident of microbial disease that the commission

determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)  A peer-reviewed published article that identifies a potential public health

risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(5)  Following a public stakeholders process, the water quality control

division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(6)  In addition to the relief available under section 25-8-205 (6), the division

may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (4) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(7)  Use of reclaimed domestic wastewater is allowed only in accordance with

the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: L. 2018: Entire section added, (SB 18-038), ch. 400, p. 2366, � 3,

effective August 8. L. 2019: (1)(g) amended, (HB 19-1200), ch. 78, p. 284, � 3, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1704, � 164, effective October 1.

C.R.S. § 25-8-504

25-8-504. Agricultural wastes. (1) Neither the commission nor the division shall require any permit for any flow or return flow of irrigation water into state waters except as may be required by the federal act or regulations. The provisions of any permit that are so required shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the federal act or regulations.

(2) (a)  Neither the commission nor the division shall require any permit for

animal or agricultural waste on farms, ranches, and horticultural or floricultural operations, except as may be required by the federal act or regulations. The provisions of any permit that are so required shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the federal act or regulations.

(b)  Nothing in paragraph (a) of this subsection (2), as amended by House Bill

05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(3)  No permit or fee shall ever be required pursuant to this part 5 for the

diversion of water from natural surface streams.

(4)  Nothing in this section shall be construed to affect the requirement of

permits for housed commercial swine feeding operations pursuant to section 25-8-501.1.

Source: L. 81: Entire article R&RE, p. 1332, � 1, effective July 1. Initiated 98:

(4) added, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (2) amended, p. 350, � 7, effective August 8.

Editor's note: (1)  Subsection (4) was enacted by an initiated measure that

was adopted by the people at the general election held November 3, 1998. The measure enacting subsection (4) was effective upon the proclamation of the Governor, December 30, 1998.

(2)  The vote count on the measure at the general election held November 3,

1998, was as follows:

FOR:  790,852


AGAINST:  438,873

C.R.S. § 29-1-202

29-1-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Government means any political subdivision of the state, any agency or

department of the state government or of the United States, a federally recognized tribal entity, and any political subdivision of an adjoining state.

(2)  Political subdivision means a county, city and county, city, town, service

authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

Source: L. 71: R&RE, p. 955, � 1. C.R.S. 1963: � 88-2-2. L. 99: (2) amended, p.

128, � 1, effective March 24. L. 2000: (1) amended, p. 4, � 1, effective March 2.

C.R.S. § 29-1-301

29-1-301. Levies reduced - limitation. (1) (a) All statutory tax levies for collection in 1989 and thereafter when applied to the total valuation for assessment of the state, each of the counties, cities, and towns not chartered as home rule except as provided in this subsection (1), and each of the fire, sanitation, irrigation, drainage, conservancy, and other special districts established by law shall be so reduced as to prohibit the levying of a greater amount of revenue than was levied in the preceding year plus five and one-half percent plus the amount of revenue abated or refunded by the taxing entity by August 1 of the current year less the amount of revenue received by the taxing entity by August 1 of the current year as taxes paid on any taxable property that had previously been omitted from the assessment roll of any year, except to provide for the payment of bonds and interest thereon, for the payment of any contractual obligation that has been approved by a majority of the qualified electors of the taxing entity, for the payment of expenses incurred in the reappraisal of classes or subclasses ordered by or conducted by the state board of equalization, for the payment to the state of excess state equalization payments to school districts which excess is due to the undervaluation of taxable property, or for the payment of capital expenditures as provided in subsection (1.2) of this section. For purposes of this subsection (1), the amount of revenues received as taxes paid on any taxable property that had been previously omitted from the assessment roll shall not include the amount of such revenues received as taxes paid on oil and gas leaseholds and lands that had been previously omitted from the assessment roll due to underreporting of the selling price or the quantity of oil or gas sold therefrom. In computing the limit, the following shall be excluded: The increased valuation for assessment attributable to annexation or inclusion of additional land, the improvements thereon, and personal property connected therewith within the taxing entity for the preceding year; the increased valuation for assessment attributable to new construction and personal property connected therewith, as defined by the property tax administrator in manuals prepared pursuant to section 39-2-109 (1)(e), C.R.S., within the taxing entity for the preceding year; the increased valuation for assessment attributable to increased volume of production for the preceding year by a producing mine if said mine is wholly or partially within the taxing entity and if said increase in volume of production causes an increase in the level of services provided by the taxing entity; and the increased valuation for assessment attributable to previously legally exempt federal property which becomes taxable if such property causes an increase in the level of services provided by the taxing entity.

(b)  For property tax years beginning on or after January 1, 1991, any taxing

entity may apply to the division of local government in the department of local affairs for authorization to exclude the following from the computation of the limitation set forth in paragraph (a) of this subsection (1): All or any portion of the increased valuation for assessment attributable to new primary oil or gas production for the preceding year from any producing oil and gas leasehold or land if such oil and gas leasehold or land is wholly or partially within the taxing entity and if such new primary oil or gas production has caused or will cause an increase in the level of services provided by the taxing entity.

(c)  Any application submitted by a taxing entity pursuant to paragraph (b) of

this subsection (1) shall contain the following information:

(I)  An explanation of the causal relationship between the new primary oil or

gas production specified in paragraph (b) of this subsection (1) and the increase in the level of services provided or to be provided by the taxing entity;

(II)  The statutory mill levy and estimated amount of revenue that the taxing

entity would collect if said exclusion is authorized;

(III)  The statutory mill levy and estimated amount of revenue that the taxing

entity would collect if said exclusion is not authorized;

(IV)  The nature and amount of the expenditures which would be made from

any increased amount of revenues collected if said exclusion is authorized.

(d)  Upon receipt of an application which complies with the provisions of

paragraph (c) of this subsection (1), the division of local government may grant or deny authority to the taxing entity to exclude all or any portion of such increased valuation for assessment specified in paragraph (b) of this subsection (1). Any authorization granted pursuant to this paragraph (d) shall specify the amount of such valuation for assessment which may be excluded. If said exclusion is authorized by said division, the taxing entity shall deposit any increased amount of revenues collected as a result of said exclusion into a fund created by the taxing entity which shall consist solely of such revenues. Moneys in such fund shall be used exclusively for any increase in the level of services provided by the taxing entity which occurs as a result of the new primary oil or gas production specified in paragraph (b) of this subsection (1).

(e)  Upon receipt of an application which complies with the provisions of

paragraph (c) of this subsection (1), the division of local government shall provide a copy of such application to the oil and gas operators of record wherein the taxing jurisdiction the increased valuation from new primary oil and gas production has occurred.

(f)  Standing to challenge any determination made by the division of local

government pursuant to this subsection (1) shall be limited to the owners of taxable property located wholly or partially within the taxing entity on the date the taxing entity is granted or denied authorization to make an exclusion pursuant to this subsection (1).

(1.2) (a)  The limitation provided for in subsection (1) of this section shall not

apply for the purpose of raising revenue to pay for capital expenditures. Such revenue shall not be included in determining the limitation in following years. For the purposes of this paragraph (a), capital expenditure means an expenditure made by a taxing entity for long-term additions or betterments, which expenditure, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance. This paragraph (a) shall apply to counties, cities, and towns.

(b)  If a county imposes an increased mill levy pursuant to paragraph (a) of

this subsection (1.2) for a one-time, nonrecurring expenditure for a county road or bridge capital project or county road or bridge capital asset, the county may also request that the division of local government waive application of the provisions of section 43-2-202 (2), C.R.S., to the revenue received from that increased levy. In that event, said division shall notify the governing body of each municipality in the county of the request and of the period of time, not less than twenty days, during which the division will receive comment on the request. In considering whether to waive application of said section 43-2-202 (2), C.R.S., the division shall consider, among other relevant matters, the benefit of the project or asset to the municipalities in the county, the need for the project or asset, and alternative methods of and timing for financing the project or asset. No approval for such waiver shall be granted or continued until the division determines that the property tax revenues in the road and bridge fund, excluding the revenues from such increased levy, for the year for which the increase is imposed bear at least the same proportion to all countywide property tax revenues as in the immediate prior year budget.

(c)  Any decision to exceed the limitation for the purpose of raising revenue

for capital expenditures pursuant to this subsection (1.2) shall conform with the advertising and public hearing requirements of this paragraph (c). No taxing entity may exceed the limitation to raise such revenue unless the governing board of such taxing entity has advertised its intention to do so and unless such excess has been approved by at least two-thirds of the members of such governing board voting at a public hearing. The advertisement specified in this paragraph (c) shall be in a newspaper published within the taxing entity, and, if there is no newspaper published within the taxing entity, then by publication in a newspaper published within the county which has general circulation within the taxing entity and shall appear twice therein. The second such appearance shall not be more than eight days prior to the date upon which the public hearing is to be held. The advertisement shall be no less than one-quarter page in size and shall have a caption in capital letters in a type no smaller than twenty-four-point stating a public hearing shall be held to consider increasing your property taxes for capital expenditures. Such advertisement shall be in a type no smaller than eighteen-point and shall not be placed in that portion of the newspaper in which legal notices and classified advertisements appear. Such advertisement shall state that such board will hold a public hearing, at a time and place fixed in the advertisement, and the purpose of such hearing and shall apprise the general public of its right to attend the hearing and make comments regarding the proposed matter. Such advertisement shall also state what the property taxes would be without such excess and what the property taxes will be with such excess and the percentage difference between such property taxes. Any public hearing held pursuant to this paragraph (c) shall be open to the general public. An opportunity shall be provided for all persons to present oral testimony within such reasonable time limits as shall be set by the board conducting the hearing. Prior to the conclusion of the public hearing, the governing board of the taxing entity shall publicly announce the percent by which the mill levy required to raise such excess exceeds the mill levy computed without such excess.

(1.3)  Repealed.


(1.5)  All property tax revenues, except such revenues as are exempted in

subsection (1) of this section, raised from any property tax levied by a taxing entity which is subject to this section, shall be combined for the purpose of determining the total amount of property tax revenue which the taxing entity is allowed to raise subject to the limitation imposed by this section. The limitation shall be applied to such aggregate property tax revenues. However, such aggregate amount shall not include any property tax revenue which is raised by or on behalf of a district, authority, or area which is within but is not comprised of the entire taxing entity and which is raised by a tax upon only property within such district, authority, or area; such property tax revenue is subject to a limitation independent of the limitation which is applied to the taxing entity within which such district, authority, or area is located. No statute establishing a set mill levy or establishing a maximum mill levy or authorizing an additional mill levy for a special purpose shall be construed as authorizing the taxing entity to exceed the limitation imposed by this section.

(1.7)  For property tax years commencing on or after January 1, 1988, any

taxing entity which is subject to the provisions of this section shall not levy any property tax for purposes which are exempt from the limitation imposed by subsection (1) of this section in an amount which is greater than the amount of revenues required to be raised for such purposes during any year as specified by the provisions of any contract entered into by such taxing entity or any schedule of payments established for the payment of any obligation incurred by such taxing entity. Where bonds, contractual obligations, or capital expenditures have been approved, but actual revenues required for such purposes are not known at the time the levy is set, the taxing entity may base its levy on the estimated revenues which are so required for one year only and in subsequent years the levy shall be based on the actual revenues which are so required. Nothing in this subsection (1.7) shall preclude refunding of any obligation or contract.

(2)  If an increase over said limitation is allowed by the division of local

government in the department of local affairs or voted by the electors of a taxing entity under the provisions of section 29-1-302, the increased revenue resulting therefrom shall be included in determining the limitation in the following year. However, any portion of such increased revenue which is allowed as a capital expenditure pursuant to section 29-1-302 (1.5) shall not be included in determining the limitation in the following year.

(3)  The limitations of this part 3 shall apply to home rule counties unless

provisions are included in the county home rule charter which are, as determined by the division of local government, equal to or more restrictive than the provisions of this part 3.

(4)  In the event of a consolidation or merger, in whole or in part, of two or

more political subdivisions or taxing entities, the surviving entity or the entity assuming service responsibilities shall use a direct proportion of the combined entities' prior year property tax revenues as the base for computing the limitation in the year first succeeding such consolidation or merger.

(5)  Repealed.


(6)  Where a taxing entity exceeds the limitation imposed by subsection (1) of

this section during any year, the division of local government shall order a reduction in the authorized revenue of the taxing entity for the subsequent year in an amount which offsets the excess revenues levied in the preceding year. Such order shall be preceded by notice to the taxing entity of the proposed order and an opportunity for the taxing entity to respond prior to issuance of the order.

Source: L. 13: p. 560, � 11. L. 15: p. 403, � 1. L. 17: p. 429, � 1. C.L. � 7214. L. 29:

p. 546, � 1. L. 31: p. 701 � 1. CSA: C. 142, � 39. L. 52: p. 142, � 1. CRS 53: � 36-3-2. L. 55: p. 253, � 1. C.R.S. 1963: � 88-3-1. L. 69: p. 1053, � 24. L. 70: p. 378, � 3. L. 71: p. 957, � 1. L. 76: Entire section amended, p. 685, � 1, effective July 1. L. 80: (1) amended, p. 678, � 2, effective April 13. L. 81: (1) and (2) amended and (1.3) and (1.5) added, p. 1395, � 5, effective June 19; (1) amended, p. 1612, � 6, effective June 19. L. 83: (1) amended and (1.2) added, p. 1199, � 1, effective May 25; (1) amended, p. 1196, � 1, effective June 3; (1) amended, p. 2085, � 3, effective October 13. L. 85: (1.2)(c) amended, p. 1024, � 1, effective July 1. L. 86: (1), (1.2)(a), (1.2)(c), (1.5), and (2) amended and (1.3) R&RE, pp. 1021, 1023, �� 2, 3, effective May 16. L. 87: (1) amended, p. 1178, � 1, effective April 16; (1.2)(a), (1.5), and (4) amended, p. 1181, � 1, effective April 30; (1.2)(c) amended, p. 1184, � 1, effective May 1. L. 88: (1) and (1.3) amended and (1.7) and (6) added, p. 1279, � 3, effective May 23; (1) amended, p. 1099, � 1, effective May 29; (1.3) amended and (5) added, p. 1268, � 3, effective May 29. L. 89: (1) amended, p. 1467, � 35, effective June 7. L. 90: (1) amended, p. 1704, � 39, effective June 9. L. 91: (1) amended, p. 1969, � 1, effective April 19. L. 93: (1)(a) amended, p. 1281, � 1, effective June 6. L. 96: (1)(a) amended, p. 16, � 1, effective February 22.

Editor's note: (1) (a)  Amendments to subsection (1) by House Bill 81-1320 and

House Bill 81-1613 were harmonized.

(b)  Amendments to subsection (1) by House Bill 83-1011 and House Bill 83-1405 were harmonized.


(c)  Amendments to subsection (1) by Senate Bill 88-184, House Bill 88-1016,

and Senate Bill 88-126 were harmonized.

(d)  Amendments to subsection (1.3) by House Bill 88-1016 and Senate Bill

88-184 were harmonized.

(2) (a)  Subsection (1.3)(c) provided for the repeal of subsection (1.3), effective

June 30, 1991. (See L. 88, p. 1279.)

(b)  Subsection (5)(c) provided for the repeal of subsection (5), effective

January 1, 1991. (See L. 88, p. 1268.)

C.R.S. § 29-1-802

29-1-802. Definitions. As used in this part 8, unless the context otherwise requires:

(1)  Capital expenditure means any expenditure for an improvement, facility,

or piece of equipment necessitated by land development which is directly related to a local government service, has an estimated useful life of five years or longer, and is required by charter or general policy of a local government pursuant to resolution or ordinance.

(2)  Land development means any of the following:


(a)  The subdivision of land;


(b)  Construction, reconstruction, redevelopment, or conversion of use of land

or any structural alteration, relocation, or enlargement which results in an increase in the number of service units required; or

(c)  An extension of use or a new use of land which results in an increase in

the number of service units required.

(3)  Land development charge means any fee, charge, or assessment

relating to a capital expenditure which is imposed on land development as a condition of approval of such land development, as a prerequisite to obtaining a permit or service. Nothing in this section shall be construed to include sales and use taxes, building or plan review fees, building permit fees, consulting or other professional review charges, or any other regulatory or administrative fee, charge, or assessment.

(4)  Local government means a county, city and county, municipality,

service authority, school district, local improvement district, law enforcement district, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, any other kind of municipal, quasi-municipal, or public corporation, or any agency or instrumentality thereof organized pursuant to law.

(5)  Service unit means a standard unit of measure of consumption, use,

generation, or discharge of the services provided by a local government.

Source: L. 90: Entire part added, p. 1438, � 1, effective January 1, 1991.

C.R.S. § 29-1-901

29-1-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Local government-financed entity means any organization, group, or

entity other than a political subdivision that:

(a)  Is composed of members that are political subdivisions or who are

officials or employees of political subdivisions; and

(b)  Derives any of its annual operating budget from dues, contributions, or

other payments received from political subdivisions.

(2)  Political subdivision means a county, city and county, city, town, service

authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

Source: L. 96: Entire part added, p. 140, � 1, effective April 8.

C.R.S. § 29-20-112

29-20-112. Local government review of certain fencing projects in the Sangre de Cristo land grant lands - requirement to opt in - exemptions - definitions - legislative declaration. (1) (a) The general assembly finds and determines that:

(I)  The Sangre de Cristo land grant lands are a place of rich history and

tradition and contain an abundance of wildlife and vegetation that are of great significance to the entire state;

(II)  The Sangre de Cristo land grant lands are at risk of landowners

undertaking environmentally damaging fencing projects without oversight or intervention by a local government;

(III)  These fencing projects deny wildlife access to water, food, and shelter

that the wildlife depends on to survive and also disturb established migration patterns;

(IV)  These fencing projects also adversely impact the vegetation that helps

to prevent soil erosion, maintain water quality, and provide a habitat for wildlife; and

(V)  Therefore, review of certain fencing projects in the Sangre de Cristo land

grant lands by local governments:

(A)  Is necessary to avoid negative impacts to wildlife and vegetation before

the fencing project commences; and

(B)  Allows local governments the flexibility to approve the fencing project if

the local government determines that the benefits of the fencing project outweigh the harms.

(b)  The general assembly therefore declares that the review of certain

fencing projects in the Sangre de Cristo land grant lands by local governments is a matter of statewide concern and has a significant environmental benefit to the state.

(2)  As used in this section, unless the context otherwise requires:


(a)  Contiguous means that each portion of fence is no more than three feet

from a directly adjacent portion of fence.

(b) (I)  Covered fencing project means a project to install or substantially

repair a contiguous fence that is partially or entirely in the Sangre de Cristo land grant lands and that upon completion will:

(A)  Enclose a space and will be no lower than five feet in height at any point

along the fence and will be one mile in length or longer; or

(B)  Not enclose a space and will be no lower than five feet in height at any

point along the fence and will be one-half mile in length or longer.

(II)  Covered fencing project includes the addition of height or length to a

contiguous fence that causes the contiguous fence to meet the height and length specifications described in subsection (2)(b)(I) of this section.

(c)  Disturbance means a disturbance of more than one acre of topsoil.


(d)  Fence includes gates.


(e)  Prison means a:


(I)  Correctional facility, as defined in section 17-1-102 (1.7);


(II)  Local jail, as defined in section 17-1-102 (7); or


(III)  Private contract prison, as defined in section 17-1-102 (7.3).


(f)  Public school has the meaning set forth in section 22-1-144 (1)(d).


(g)  Public utility has the meaning set forth in section 40-1-103 (1)(a)(I).


(h)  Sangre de Cristo land grant lands means the portion of lands in

Colorado that is covered by the Sangre de Cristo land grant, which was granted to settlers by Mexico in 1844 and confirmed by the United States in 1848 through the treaty of Guadalupe Hidalgo.

(i)  Substantially repair means a level of repair that requires at least one-half mile of fence to be taken down and reinstalled.


(3) (a)  On or after July 1, 2025, before commencing a covered fencing project,

a person shall submit an application for the covered fencing project to the local government with jurisdiction over the covered fencing project. If two or more adjacent local governments have jurisdiction over the covered fencing project, the person shall submit the application for the covered fencing project to the local government with the jurisdiction that will contain the most fence when the covered fencing project is complete. The application must contain, at a minimum, the following information:

(I)  Fence height;


(II)  Fence length;


(III)  Fence type;


(IV)  Fence material;


(V)  Adjustments made to allow for wildlife passage;


(VI)  Whether a disturbance has occurred or will occur as a result of the

fencing project;

(VII)  Migration and hunting patterns in the area of the fencing project;


(VIII)  The purpose of the fencing project; and


(IX)  Any other information relevant to the local government's decision

pursuant to subsection (3)(c) of this section.

(b)  No later than fourteen days after the local government's receipt of an

application described in subsection (3)(a) of this section, the local government shall publish notice of the application on the local government's website.

(c)  No later than sixty days after the local government's receipt of an

application described in subsection (3)(a) of this section, the local government shall either approve or reject the application based on whether:

(I)  There is a rational purpose for the covered fencing project;


(II)  The covered fencing project would have an adverse impact on hunters'

rights;

(III)  The covered fencing project would have an adverse impact on

surrounding floodplains;

(IV)  The applicant intends to complete necessary revegetation as a result of

the covered fencing project; and

(V)  The covered fencing project would significantly degrade the aesthetic

value of the surrounding landscape.

(d)  Except as set forth in subsection (3)(e) of this section, a local government

shall not approve an application submitted pursuant to subsection (3)(a) of this section unless the applicant demonstrates that the covered fencing project will:

(I)  Provide passage for large mammalian wildlife through an opening that is

at least twenty feet wide and have a height of not more than forty-two inches from the ground to the top rail or wire for at least every one-fourth mile of fence;

(II)  Provide passage for small mammalian wildlife through an opening that is

at least five feet wide and have a height of at least sixteen inches from the ground to the bottom rail or wire for at least every one-tenth mile of fence; and

(III)  Not cause a disturbance, unless the applicant has obtained any

necessary permit from the department of public health and environment.

(e)  Notwithstanding this subsection (3), the local government may approve

an application pursuant to subsection (3)(c) of this section if the local government determines that the benefits of the covered fencing project outweigh the harms.

(f)  Notwithstanding this subsection (3), a local government shall not require

a person commencing a covered fencing project to submit an application pursuant to subsection (3)(a) of this section or pay a fee associated with submitting an application if the local government finds that the covered fencing project presents no significant environmental impacts.

(4) (a)  A local government ordinance, resolution, regulation, or other law that

is more strict than one or more of the standards described in subsection (3) of this section supersedes the conflicting standard or standards described in subsection (3) of this section for any applications submitted within the local government's jurisdiction.

(b)  A local government is only subject to the requirements of this section if

the governing body of the local government adopts an ordinance, resolution, regulation, or other law declaring that the local government opts into the requirements of this section.

(5)  This section does not apply to a covered fencing project that is necessary

for:

(a)  A project by a public utility or the department of transportation or that is

an energy sector public works project;

(b)  The safety or security of a public school or a prison; or


(c)  Fences provided by the division of parks and wildlife pursuant to part 1 of

article 3 of title 33.

Source: L. 2025: Entire section added, (HB 25-1023), ch. 258, p. 1322, � 1,

effective May 27.

Editor's note: Section 2 of chapter 258 (HB 25-1023), Session Laws of

Colorado 2025, provides that the act adding this section applies to covered fencing projects commencing on or after July 1, 2025.

PART 2

REGULATORY IMPAIRMENT OF PROPERTY RIGHTS

C.R.S. § 29-22-110

29-22-110. Colorado state patrol to provide information. The Colorado state patrol shall compile and maintain information on the emergency response capabilities of public and private agencies throughout the state to enable the state patrol to answer any inquiry concerning the nearest agencies or entities available to contribute equipment and personnel to aid in the emergency response to any hazardous substance incident. The state patrol shall also compile and maintain information regarding which local, state, or federal agencies or entities should be notified of any hazardous substance incident. The state patrol shall establish, maintain, and publicize a telephone service to make such information available to the public twenty-four hours each day and shall notify each emergency response authority designated in or pursuant to section 29-22-102 as responsible for the emergency response to a hazardous substance incident of such service. With respect to the powers and duties specified in this section, the state patrol shall have no rule-making authority and shall avail itself of all available private resources. The state patrol shall coordinate its activities pursuant to this section with the department of public health and environment and the department of local affairs.

Source: L. 99: Entire section added, p. 437, � 6, effective April 30.

WILDLAND FIRE PLANNING

ARTICLE 22.5

Wildland Fire Planning

29-22.5-101.  Legislative declaration. (1)  The general assembly hereby finds,

determines, and declares that:

(a)  Wildland fires, especially fires occurring in wildland-urban interface

areas, pose a serious threat to life, property, critical infrastructure, and the environment;

(b)  A systematic, proactive approach to the management of wildland fire

incidents, regardless of cause, size, location, or complexity, is needed in order to protect life, property, critical infrastructure, and the environment;

(c)  The national incident management system provides a consistent,

nationwide template enabling federal, state, tribal, and local governments, the private sector, and nongovernmental organizations to work together to prepare for, prevent, respond to, recover from, and mitigate the effects of all incidents regardless of type, cause, size, location, or complexity, and should be the foundation for the management of wildland fire incidents;

(d)  The development of a county wildland fire plan, in cooperation among the

sheriff, the fire chiefs, and the board of county commissioners of the county and based on the resource capabilities specific to the county, will assist in clarifying the roles and responsibilities of local emergency response agencies, in the management of wildland fire incidents and, for these reasons, the development of such a plan is encouraged;

(e)  Many of the elements of a county wildland fire plan may already exist in

community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements should be brought together, in cooperation between the sheriff and the fire chiefs of the county, into a county wildland fire plan; and

(f)  The provisions of this article are intended to clarify and identify specific

state and local roles, responsibilities, and authorities for managing prairie, forest, or wildland fire incidents that range from the small scale local to large scale multi-jurisdictional or catastrophic fires in order to protect life, property, critical infrastructure, and the environment.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 824, � 1,

effective April 30.

29-22.5-102.  Definitions. As used in this article 22.5, unless the context

otherwise requires:

(1)  Director means the director of the division of fire prevention and control.


(1.3)  Division means the division of fire prevention and control in the

department of public safety created in section 24-33.5-1201, C.R.S.

(1.5)  Fire department has the same meaning as set forth in section 24-33.5-1202 (3.9).


(1.7)  Forest service means the Colorado state forest service identified in

section 23-31-302, C.R.S.

(2)  Incident commander means the individual responsible for the overall

management of the incident including developing incident objectives and managing all incident operations, by virtue of explicit legal, agency, or delegated authority.

(3)  Incident command system means a standardized, on-scene, all-hazard

incident management concept that is an integral part of the national incident management system.

(4)  Local incident management team means a single or multi-agency team

of capable individuals formed and managed at the local or county level and created or activated when necessary to provide the command and control infrastructure required to manage a major or complex incident requiring a significant number of local and mutual aid resources.

(5)  Mutual aid agreement means a written agreement between or among

federal, state, and local agencies in which the agencies agree to assist one another upon request by furnishing such resources as personnel and equipment.

(6)  National incident management system or NIMS means the national

command and management system developed by the U.S. department of homeland security. NIMS provides a unified approach to incident management; standard command and management structures; and emphasis on preparedness, mutual aid, and resource management.

(7)  Prescribed fire means any fire ignited by federal, state, or local forest

or land managers or private property owners to meet specific fire protection or mitigation objectives.

(8)  Unified command means the incident commanders representing

agencies or jurisdictions that share responsibility for the incident manage the response from a single incident command post, allowing agencies with different legal, geographic, and functional authorities and responsibilities to work together effectively without affecting individual agency authority, responsibility, or accountability.

(9)  Wildland area means an area in which development is essentially

nonexistent, except for roads, railroads, power lines, and similar infrastructure, and in which structures, if present, are widely scattered.

(10)  Wildland fire means an unplanned or unwanted fire in a wildland area,

including unauthorized human-caused fires, out-of-control prescribed fires, and all other fires in wildland areas where the objective is to extinguish the fire.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 825, � 1,

effective April 30. L. 2010: (2) and (3) amended, (HB 10-1422), ch. 419, p. 2118, � 161, effective August 11. L. 2013: (1) amended and (1.3) and (1.7) added, (HB 13-1300), ch. 316, p. 1693, � 93, effective August 7. L. 2017: IP and (1) amended, (SB 17-294), ch. 264, p. 1413, � 104, effective May 25. L. 2024: (1.5) added, (HB 24-1155), ch. 48, p. 170, � 3, effective August 7.

29-22.5-103.  Wildland fires - general authority and responsibilities. (1) (a)

The chief of the fire department is responsible for the management of wildland fires that occur within the jurisdictional boundaries of the chief's department and that are within the capability of the fire department to control or extinguish in accordance with the provisions of section 32-1-1002 (3)(a).

(b)  The fire chief may utilize mutual aid agreements with neighboring fire

departments to suppress and control fires that cross or threaten to cross jurisdictional boundaries.

(c)  The fire chief may transfer any duty or responsibility the fire chief may

assume under this section to the county sheriff with the concurrence of the sheriff.

(d)  The fire chief shall not seek reimbursement from the county for expenses

incurred by the district for their own apparatus, equipment, and personnel used in containing or suppressing a wildfire occurring on private property within the boundaries of the district, except as provided in section 30-10-513 (3)(b).

(2) (a)  The sheriff is the fire warden of the county and is responsible for the

planning for, and the coordination of, efforts to suppress wildfires occurring in the unincorporated area of the county outside the boundaries of a fire department or that exceed the capabilities of the fire department to control or extinguish in accordance with the provisions of section 30-10-513.

(b)  In the case of a wildfire that exceeds the capabilities of the fire

department to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint an incident commander to provide the command and control infrastructure required to manage the fire. The sheriff shall assume financial responsibility for fire fighting efforts on behalf of the county and the authority for the ordering and monitoring of resources.

(c)  In the case of a wildfire that exceeds the capability of the county to

control or extinguish, the sheriff is responsible for seeking the assistance of the state, by requesting assistance from the division. The sheriff and the director shall enter into an agreement concerning the transfer of authority and responsibility for fire suppression and the retention of responsibilities.

(3) (a)  The division is the lead state agency for wildland fire response and

suppression.

(b)  The forest service may provide land management and the division may

provide wildland fire management services to other state agencies by means of memoranda of understanding or related forms of cooperative agreements.

(c)  In case of a wildland fire that exceeds the capability of the county to

control or extinguish, the division may assist the sheriff in controlling or extinguishing such fires, and may assume command of such incidents with the concurrence of the sheriff.

(d)  At the request of the sheriff, the division may assist in the development or

modification of the county wildfire preparedness plan.

(4)  Notwithstanding any other provision of law, and subject to the provisions

of any local or regional mutual aid agreements or plans for wildland fire response, the first emergency response agency to arrive at the scene of a wildland fire, regardless of whether the incident occurs within its jurisdiction, shall act as incident commander and be responsible for the initial emergency action necessary to control the wildland fire or to protect life or property until the emergency response agency that has jurisdiction over the incident site arrives.

(5)  The agency that has jurisdiction over any wildland fire in the state shall

manage the fire using the incident command system.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 826, � 1,

effective April 30. L. 2013: (2)(c) and (3) amended, (HB 13-1300), ch. 316, p. 1693, � 94, effective August 7. L. 2022: (1)(d) amended, (SB 22-002), ch. 339, p. 2442, � 5, effective June 3. L. 2024: (1)(a), (1)(b), (2), (3)(a), and (3)(c) amended and (5) added (HB 24-1155), ch. 48, p. 170, � 4, effective August 7.

29-22.5-104.  County wildfire preparedness plan. (1)  The sheriff of each

county may develop and update as necessary a wildfire preparedness plan for the unincorporated area of the county in cooperation with any fire district or department with jurisdiction over such unincorporated area. Any such plan shall:

(a)  Identify all participants in the plan and their wildland fire roles and

responsibilities, including their jurisdictional boundaries, their fiscal and operational authority and responsibilities, a general description of their wildland fire response capabilities, and incident command structure;

(b)  Describe available emergency response resources and mutual aid and

other agreements related to the plan;

(c)  Describe the procedures for cooperation and coordination between or

among federal, state, county, and local emergency response authorities; and

(d)  Specify reimbursement and billing procedures.


(2)  It is recognized that many of the elements described in subsection (1) of

this section may already exist in community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements could be integrated, in cooperation among the sheriff, the fire chiefs, and the board of county commissioners of the county, into a county wildland fire plan.

(3)  The plan developed pursuant to subsection (1) of this section shall be

agreed to by all participants in the plan to the extent practicable.

(4)  The authorization to develop a wildfire preparedness plan pursuant to

subsection (1) of this section shall not be construed to require the sheriff to provide and maintain the capability for the response. The sheriff may provide and maintain response capability as described in the plan directly or through mutual aid or other agreements.

(5)  At the request of the sheriff, the division may assist in the development

or updating of the county wildfire preparedness plan pursuant to subsection (1) of this section.

(6)  Nothing in this section shall be construed to affect the provisions of

section 30-15-401.7, C.R.S., or the community wildfire protection plan developed pursuant to such section.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 827, � 1,

effective April 30. L. 2013: (5) amended, (HB 13-1300), ch. 316, p. 1694, � 95, effective August 7. L. 2024: IP(1) amended, (HB 24-1155), ch. 48, p. 171, � 5, effective August 7.

29-22.5-105.  Reporting controlled burns - short title - definitions. (1)  The

short title of this section is the Darcy's Last Call Act.

(2)  As used in this section:


(a) (I)  Controlled burn means, for purposes of this section only and as

intentionally started on private property that is not classified as agricultural land, as that term is defined in section 39-1-102 (1.6)(a), the following types of burning:

(A)  A burn used as a technique in farming or livestock production or for other

purposes to clear the land of existing native vegetation or crop residue or to kill weeds and weed seeds;

(B)  A controlled ditch burn as set forth in section 24-33.5-1202 (3.4); except

that controlled burn does not mean a burn involving an irrigation ditch;

(C)  Noncommercial burning of trash; and


(D)  Open burning of slash piles, as open burning and slash are defined in

section 30-15-401 (1)(n.5)(V).

(II)  Controlled burn does not mean open burning lawfully conducted in the

course of agricultural operations as set forth in section 18-13-109 (2)(b)(I).

(b)  Fire department means the duly authorized fire protection organization

of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection. Fire department also includes volunteer fire departments organized under section 24-33.5-1208.5.

(3)  Before any person conducts a controlled burn, the person must provide

notice of the controlled burn in accordance with local rules and regulations or, where no local rules and regulations exist, to the local dispatch center, the county sheriff, and where applicable to the fire department providing services to the area where the private property is located. In the notice required by this subsection (3), the person conducting the controlled burn must provide the date, time, and location where the controlled burn will be conducted, and contact information for the person responsible for the controlled burn. The fire department may determine that fire department personnel must be on standby at the time of the controlled burn for it to be conducted.

(4)  Nothing in this section exempts a person from complying with any other

applicable local, state, or federal laws.

Source: L. 2022: Entire section added, (HB 22-1132), ch. 344, p. 2460, � 1,

effective August 10.

SPECIAL STATUTORY AUTHORITIES

ARTICLE 23

Pueblo Depot Activity Development Authority

C.R.S. § 29-3-123

29-3-123. Sufficiency of article. (1) This article, without reference to other statutes of the state, constitutes full authority for the exercise of powers granted in this article, including but not limited to the authorization and issuance of bonds under this article.

(2)  No other act or law with regard to the authorization or issuance of bonds

that provides for an election requiring an approval or in any way impeding or restricting the carrying out of the acts authorized in this article to be done shall be construed as applying to any proceedings taken under this article or acts done pursuant to this article.

(3)  The provisions of no other law, either general or local, shall apply to the

things authorized to be done in this article, and no board, agency, bureau, commission, or official not designated in this article has any authority or jurisdiction over any of the acts authorized in this article to be done.

(4)  No notice, consent, or approval by any public body or officer thereof shall

be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or financing agreement, or the exercise of any other power under this article, except as provided in this article.

(5)  The powers conferred by this article shall be in addition and

supplemental to, and not in substitution for, and the limitations imposed by this article shall not affect, the powers conferred by any other law.

(6)  No part of this article shall repeal or affect any other law or part thereof

except to the extent that this article is inconsistent with any other law, it being intended that this article shall provide a separate method of accomplishing its objectives and not an exclusive one; and this article shall not be construed as repealing, amending, or changing any such other law except to the extent of such inconsistency.

Source: L. 67: p. 678, � 23. C.R.S. 1963: � 36-24-23. L. 73: p. 481, � 17. L. 77:

(2) and (3) amended, p. 1411, � 8, effective June 20.

ARTICLE 3.5

State Grants to Local Governments

29-3.5-101.  Definitions. As used in this article 3.5, unless the context

otherwise requires:

(1)  Eligible applicant means an applicant under a local government

assistance program which meets all statutory requirements for eligibility and which complies with all applicable regulations, ordinances, and resolutions.

(2)  Local government assistance program means any program under which

a state agency furnishes a grant or loan of state money, or state property in lieu of money, to units of local government for the purpose of financing or otherwise assisting in any local or regional project.

(3)  State agency means any board, bureau, commission, department,

institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except state educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23.

(4)  Unit of local government means a county, city and county, city, town,

service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

Source: L. 81: Entire article added, p. 1410, � 1, effective June 2. L. 83: (3)

amended, p. 962, � 8, effective July 1, 1984. L. 2012: (3) amended, (HB 12-1283), ch. 240, p. 1135, � 52, effective July 1. L. 2013: (3) amended, (HB 13-1300), ch. 316, p. 1692, � 91, effective August 7. L. 2021: IP and (3) amended, (HB 21-1264), ch. 308, p. 1877, � 18, effective June 23.

Editor's note: Section 20 of chapter 308 (HB 21-1264), Session Laws of

Colorado 2021, provides that the act amending this section takes effect only if SB 21-288 (chapter 221) becomes law and takes effect either upon the effective date of HB 21-1264 or one day after the passage of SB 21-288, whichever is later. HB 21-1264 became law and took effect June 23, 2021, and SB 21-288 became law and took effect June 11, 2021.

Cross references: For the legislative declaration in the 2012 act amending

subsection (3), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 21- 1264, see section 2 of chapter 308, Session Laws of Colorado 2021.

29-3.5-102.  Selection criteria. Every state agency which administers a local

government assistance program shall approve or deny every application for competitively awarded programs filed after July 1, 1981, from an eligible applicant under such program solely on the basis of criteria established by statute and any regulations authorized by statute.

Source: L. 81: Entire article added, p. 1411, � 1, effective June 2.

HOUSING

ARTICLE 4

Housing

Cross references: For cooperation with the federal government regarding

housing projects, see article 55 of title 24; for relocation assistance and land acquisition policies, see article 56 of title 24.

PART 1

CITY HOUSING LAW - SLUM CLEARANCE

C.R.S. § 29-35-201

29-35-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a)  Multifamily housing is typically more affordable than single-unit

dwellings. According to the American Community Survey, Colorado multifamily units cost between fourteen and forty-three percent less to rent in 2019, depending on the size of the building, compared to single-unit detached dwellings.

(b)  Allowing higher density residential development is important for the cost

effectiveness and availability of affordable housing. An analysis of over sixty affordable housing projects funded by the U.S. department of housing and urban development in transit-oriented areas in Colorado since 2010 found that half were developed at over fifty units per acre, and twenty percent were over one hundred units per acre.

(c)  Throughout Colorado, less than half of available zoning capacity is

typically utilized, and greater utilization of zoning capacity is necessary to meet anticipated housing needs. Numerous factors currently prevent development from fully utilizing available zoning capacity and allowed densities, including site level constraints, financial feasibility and demand, and landowners' willingness to sell or redevelop.

(d)  Colorado has invested significantly in public transit in the last several

decades, funding over six billion dollars across eighty-five miles of new rail lines. The investments will continue in the coming years with new bus rapid transit and rail systems along the front range. Despite these investments, transit ridership lags behind peer agencies around the country, due at least in part to a lack of density near these transit lines. Before the COVID-19 pandemic, the regional transportation district had two and three-tenths rides per vehicle revenue mile on their rail system, compared to over four rides per vehicle revenue mile for agencies in Minneapolis and Portland and over eight rides per vehicle revenue mile in Seattle, according to data from the federal transit administration's national transit database.

(e)  Allowing higher density residential development near transit is important

for increasing transit ridership and improving the cost effectiveness of transit services. Researchers have found that higher built gross densities citywide increase cost-effectiveness for light rail and bus rapid transit services, as described in the article, Cost of a Ride: The Effects of Densities on Fixed-Guideway Transit Ridership and Costs by Erick Guerra and Robert Cervero.

(f)  Most light and commuter rail stations and frequent bus corridors in

Colorado have lower housing unit density than is necessary to support frequent transit. Based on 2020 census block housing unit data, over ninety percent of rail stations and eighty-four percent of bus rapid transit and frequent bus corridors in Colorado have less than fifteen housing units per acre on average within walking distance. Researchers have generally found a minimum of fifteen housing units per acre of built density is needed to support frequent transit.

(g)  Living near transit, jobs, and services enables households to also save on

transportation costs by owning fewer vehicles and reducing fuel consumption. Coloradans commute over fifty minutes to and from work on average, according to the latest American Community Survey's five-year estimates. Analyses of transit-oriented communities have found that residents take an average of forty-four percent fewer vehicle trips, according to the article Vehicle Trip Reduction Impacts of Transit-Oriented Housing in the Journal of Public Transportation.

(h)  In Colorado, households in more dense areas, which are defined as census

tracts with more than four thousand units per square mile or about fifteen units per acre, drive twenty percent less than the state average, and higher density areas, census tracts with more than ten thousand units per square mile or about forty units per acre, drive forty percent less than the state average, according to data from the 2017 national household travel survey;

(i)  High transportation costs impact low-income households in particular.

Households making less than forty thousand dollars per year in the western United States are spending over twenty-four percent of their income on transportation, when spending more than fifteen percent of income on transportation is considered cost burdened, according to data from the bureau of labor statistics consumer expenditure surveys.

(j)  In addition to saving on transportation costs by living near transit, owning

fewer vehicles and traveling to work and accessing services without driving or driving less reduces greenhouse gas emissions and air pollution, which impacts air quality not just in transit-oriented communities but in greater regions across the state;

(k)  In Colorado, household energy demand on average is seventy percent

less for multifamily housing compared to single-unit detached dwellings, according to the national renewable energy laboratory restock analysis tool;

(l)  Scenarios analyzed for the Colorado Water and Growth Dialogue Final

Report with higher percentage of future housing shifting to higher densities were estimated to achieve a total decrease in water demand between four and eight-tenths percent and nineteen and four-tenths percent;

(m)  National studies, such as the article Relationships between Density and

per Capita Municipal Spending in the United States, published in Urban Science, have found that lower density communities have higher government capital and maintenance costs for water, sewer, and transportation infrastructure and lower property and sales tax revenue. These increased costs are often borne by both state and local governments.

(n)  A study for a municipality in Colorado found that doubling the average

residential density for future growth would save thirty-one percent in capital and maintenance costs over twenty years;

(o)  According to a 2022 article titled Does Discretion Delay Development?

in the Journal of the American Planning Association, residential projects using administrative approval processes are approved twenty-eight percent faster than those using discretionary approval processes, and faster approval times reduce developer costs and therefore housing costs. Studies have shown that homebuilders, including affordable housing developers, will avoid parcels that need to go through a discretionary process.

(p)  Community opposition to specific affordable housing developments

frequently causes delays, increases costs, reduces the number of housing units delivered, pushes siting of affordable housing to less opportunity-rich areas, and prevents developments from occurring altogether, according to studies such as Democracy in Action? NIMBY as Impediment to Equitable Affordable Housing Siting in the journal Housing Studies;

(q)  Researchers have found that upward mobility is significantly greater in

more compact development areas than in low-density areas, primarily due to better job accessibility by multiple transportation modes, according to the study Does Urban Sprawl Hold Down Upward Mobility?, published in the Journal of Landscape and Urban Planning;

(r)  Transit-oriented development, including connecting housing opportunities

and services with safe multimodal infrastructure and public transit, improves the accessibility of cities for people with disabilities and those with limited mobility. People with disabilities are more likely to live in households with zero cars, are less likely to drive, and are more likely to rely on public transit or paratransit, according to the 2017 National Household Travel Survey;

(s)  According to the greenhouse gas pollution reduction roadmap published

by the Colorado energy office, dated January 14, 2021, the transportation sector is the single largest source of greenhouse gas pollution in Colorado. Nearly sixty percent of the greenhouse gas emissions from the transportation sector come from light-duty vehicles, which are the majority of cars and trucks that Coloradans drive every day.

(t)  Motor vehicle pollution, including greenhouse gas emissions, does not

stay within the geographic boundaries of the local government where it is emitted;

(u)  The greenhouse gas transportation planning standard adopted by the

transportation commission of Colorado in 2021 set a statewide target to reduce transportation greenhouse gas emissions through the transportation planning process by one million five hundred thousand tons by 2030; and

(v)  The United States environmental protection agency has classified the

Denver Metro and North Front Range area as being in severe non-attainment for ozone and ground level ozone, which has serious impacts on human health, particularly for vulnerable populations.

(2)  The general assembly further finds and declares that:


(a)  The consequences of community opposition and local land use policies

that limit housing supply in transit-oriented communities impact housing options for Coloradans of low and moderate incomes and workforce housing to support employment growth. Increasing higher-density housing in transit-oriented communities ensures stable quantity and quality of housing for everyone and corrects policies that perpetuate segregated and unequal communities, reduced mobility and long commutes, reduced options for older adults to age in their community of choice, loss of open space and agricultural land, high water usage, and increased greenhouse gas and air pollution.

(b)  There is an extraterritorial impact when local governments restrict

housing development within their jurisdictions. The call for job growth in one community that does not also address the need for additional housing affects the demand of housing development in neighboring jurisdictions. In Colorado, the number of jobs within large municipalities is generally correlated to the municipality's transit service, and research has shown that regional imbalances between jobs and housing have a significant impact on vehicle miles traveled and commute times across jurisdictions, according to studies such as Which Reduces Vehicle Travel More: Jobs-Housing Balance or Retail-Housing Mixing?, published in the Journal of the American Planning Association. When people are unable to live near where they work, workers have no options but to spend more hours on the road commuting to and from work. The longer commute increases vehicle traffic and puts additional strain on Colorado's roads and increases pollution.

(c)  The availability of affordable housing is a matter of mixed statewide and

local concern. Therefore, it is the intent of the general assembly in enacting this part 2 to:

(I)  Provide funding for infrastructure and affordable housing to support local

governments whose zoning does meet the goals of this part 2, and to encourage more dense multifamily housing development projects that can address the state's housing shortage for all parts of the income spectrum, and support more fiscally and environmentally sustainable development patterns;

(II)  Improve regional collaboration and outcomes by reducing the ability of

individual local governments' land use restrictions to negatively influence regional concerns such as housing affordability, open space, traffic, and air pollution; and

(III)  Colorado has a legitimate state interest in managing population and

development growth and ensuring stable quality and quantity of housing for Coloradans; and

(d)  Colorado has a legitimate state interest in managing population and

development growth and ensuring stable quality and quantity of housing for Coloradans as this is among the most pressing problems currently facing communities throughout Colorado.

(3)  Therefore, the general assembly finds, determines, and declares that the

lack of housing supply and unsustainable development patterns require a statewide solution that addresses local government policies that effectively limit the construction of a diverse range of housing types in areas already served by infrastructure or in close proximity to jobs and public transit, along with a lack of funding for infrastructure and affordable housing near transit-oriented communities.

(4)  Therefore, the general assembly declares that increasing housing in

transit-oriented communities is a matter of mixed statewide and local concern.

Source: L. 2024: Entire article added (see the editor's note following the part

2 heading), (HB 24-1313), ch. 168, p. 841, � 1, effective May 13.

C.R.S. § 29-35-401

29-35-401. Legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that:

(I)  Accessory dwelling units offer a way to provide compact, relatively

affordable housing in established neighborhoods with minimal impacts to infrastructure and to supply new housing opportunities without added dispersed low-density housing;

(II)  Accessory dwelling units generate rental income to help homeowners

cover mortgage payments or other costs, which can be important for a variety of residents, such as older homeowners on fixed incomes and low- and moderate-income homeowners;

(III)  Accessory dwelling units provide families with options for

intergenerational living arrangements that enable child or elder care and aging in place, and a 2021 survey by the AARP found that approximately seventy-five percent of people fifty years of age or older want to stay in their homes or communities for as long as they can. According to a 2018 study by the Center for American Progress, fifty-one percent of Coloradans live in a child care desert-a community where there are no child care providers or so few options that there are more than three times as many children as there are licensed child care slots. These child care deserts are situated within rural, suburban, and urban communities and are a major reason for working parents to leave the workforce.

(IV)  Accessory dwelling units are often occupied at low to no rent by family

members, and if they are rented privately, their rents are relatively affordable because of their small size;

(V)  As Colorado's population ages and typical household size continues to

decrease, accessory dwelling units offer more compact housing options that align with the state's changing demographics, and Coloradans over sixty-five years of age are the fastest-growing age cohort in Colorado according to the state demography office;

(VI)  Accessory dwelling units enable seniors to downsize, move into

accessible units, or live with family or a caregiver while remaining in their communities. A 2018 AARP survey found that sixty-seven percent of adults would consider living in an accessory dwelling unit to be close to someone but still have a separate space. Most seniors do not live in homes that are accessible, even though disability is prevalent among the senior population and increases with age. Less than four percent of existing housing units in the United States are estimated to be livable for people with moderate mobility difficulties, according to Housing for an Aging Population in the journal Housing Policy Debate.

(VII)  Relative to dispersed, low-density development, compact infill

development, including accessory dwelling unit development, reduces water use, greenhouse gas emissions, infrastructure costs, and household energy and transportation costs;

(VIII)  Accessory dwelling units use significantly less energy for heating and

cooling than single-unit detached dwellings because of their smaller size, which reduces household energy costs and greenhouse gas emissions. Accessory dwelling units can reduce lifetime carbon dioxide emissions by forty percent compared to medium-sized single-family homes, according to a report from the Oregon department of environmental quality. Reducing emissions from the housing sector is critical for meeting the state's greenhouse gas emissions targets established in section 25-7-102. According to The Carbon Footprint of Household Energy Use in the United States in the Proceedings of the National Academy of Sciences, reducing floor space per capita is a critical strategy to reaching mid-century climate goals.

(IX)  Compact infill development reduces water demand and infrastructure

costs by using less piping, which reduces water loss; includes less landscaped space per unit; and makes better use of existing infrastructure.

(X)  Accessory dwelling units reduce government capital and maintenance

costs for infrastructure since accessory dwelling units are built in existing neighborhoods and have a relatively small impact on existing infrastructure. National studies such as Relationships between Density and per Capita Municipal Spending in the United States, published in Urban Science, have found that lower density communities have higher government capital and maintenance costs for water, sewer, and transportation infrastructure and lower property and sales tax revenue. These increased costs are often borne by both state and local governments.

(XI)  A number of local land use laws prohibit homeowners from building an

accessory dwelling unit, or apply regulations to accessory dwelling units that significantly limit their construction;

(XII)  A number of municipalities have removed barriers to accessory dwelling

unit construction such as parking requirements, owner occupancy requirements, and restrictive size and design limitations, which has resulted in accessory dwelling unit permits increasing to ten to twenty percent of total new housing permits and an overall increase in the total housing supply. Since California implemented various reforms to encourage accessory dwelling unit construction, including requiring cities to allow accessory dwelling units as a use by right, preventing the imposition of parking requirements, and preventing owner occupancy requirements, accessory dwelling unit construction has increased significantly in California. Following reforms to California's accessory dwelling unit law in 2016, accessory dwelling unit development has increased rapidly from around one thousand accessory dwelling units permitted in 2016 to over twenty-four thousand in 2022, or about twenty percent of new housing permits statewide, according to data from the California Department of Housing and Community Development and analysis by the Bipartisan Policy Center.

(XIII)  Housing supply impacts housing affordability, and housing prices are

typically higher when housing supply is restricted by local land use regulations in a metropolitan region, according to the National Bureau of Economic Research in working papers such as Regulation and Housing Supply, The Impact of Zoning on Housing Affordability, and The Impact of Local Residential Land Use Restrictions on Land Values Across and Within Single Family Housing Markets;

(XIV)  Increasing housing supply moderates price increases and improves

housing affordability across all incomes, according to studies such as The Economic Implications of Housing Supply in the Journal of Economic Perspectives and Supply Skepticism: Housing Supply and Affordability in the journal Housing Policy Debate;

(XV)  Academic research such as The Impact of Building Restrictions on

Housing Affordability in the Federal Reserve Bank of New York Economic Policy Review has identified zoning and other land use controls as a primary driver of rising housing costs in the most expensive housing markets;

(XVI)  Accessory dwelling units offer affordable and attainable options to live

in high-opportunity neighborhoods, which can help improve equity outcomes regionally and statewide. An analysis of accessory dwelling unit permitting in California found that accessory dwelling units are typically permitted on parcels with relatively good access to jobs compared to surrounding areas, according to Where Will Accessory Dwelling Units Sprout Up When a State Lets Them Grow? Evidence From California in Cityscape: A Journal of Policy Development and Research.

(XVII)  Local government regulation of accessory dwelling units varies

significantly within regions and statewide in Colorado in terms of where they are allowed, the dimensional and design restrictions applied, and other requirements. This inconsistency inhibits the development of a robust market of accessory dwelling unit developers, modular accessory dwelling unit designs, and associated cost reductions. Colorado is similar to most states in this regard, and, according to Zoning By a Thousand Cuts in the Pepperdine Law Review, which analyzed accessory dwelling unit regulations across Connecticut, The high degree of regulatory variation thwarts the development of prototype designs or prefabricated [accessory dwelling units] that could satisfy different rules across jurisdictions.

(XVIII)  More permissive regulation by local governments of accessory

dwelling units provides a reasonable chance for homeowners to construct or convert an accessory dwelling unit and thereby increase housing supply, stabilize housing costs, and contribute to affordable and equitable home ownership to adequately meet the housing needs of a growing Colorado population.

(b)  Therefore, the general assembly declares that increasing the housing

supply through the construction or conversion of accessory dwelling units is a matter of mixed statewide and local concern.

Source: L. 2024: Entire article added (see the editor's note following the part

4 heading), (HB 24-1152), ch. 167, p. 816, � 1, effective May 13.

C.R.S. § 29-35-402

29-35-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Accessible unit means a housing unit that:


(a)  Satisfies the requirements of the federal Fair Housing Act, 42 U.S.C.

sec. 3601 et seq., as amended;

(b)  Incorporates universal design; or


(c)  Is either a type A dwelling unit, as defined in section 9-5-101 (10), or a type

B dwelling unit, as defined in section 9-5-101 (12).

(2)  Accessory dwelling unit means an internal, attached, or detached

dwelling unit that:

(a)  Provides complete independent living facilities for one or more

individuals;

(b)  Is located on the same lot as a proposed or existing primary residence;

and

(c)  Includes facilities for living, sleeping, eating, cooking, and sanitation.


(3)  Accessory dwelling unit supportive jurisdiction means a local

government that the department has certified pursuant to section 29-35-404 as an accessory dwelling unit supportive jurisdiction.

(4)  Accessory use means a structure or the use of a structure on the same

lot with, and of a nature customarily incidental and subordinate to, the principal structure or use of the structure.

(5) (a)  Administrative approval process means a process in which:


(I)  A development proposal for a specified project is approved, approved with

conditions, or denied by local government administrative staff based solely on its compliance with objective standards set forth in local laws; and

(II)  Does not require, and cannot be elevated to require, a public hearing, a

recommendation, or a decision by an elected or appointed public body or a hearing officer.

(b)  Notwithstanding subsection (5)(a) of this section, an administrative

approval process may require an appointed historic preservation commission to make a decision, or to make a recommendation to local government administrative staff, regarding a development application involving a property that the local government has designated as a historic property, provided that:

(I)  The state historic preservation office within history Colorado has

designated the local government as a certified local government; and

(II)  The appointed historic preservation commission's decision or

recommendation is based on standards either set forth in local law or established by the secretary of the interior of the United States.

(6)  County means a county, including a home rule county but excluding a

city and county.

(7)  Department means the department of local affairs.


(8)  Dwelling unit means a single unit providing complete independent

living facilities for one or more individuals, including permanent facilities for cooking, eating, living, sanitation, and sleeping.

(9)  Exempt parcel means a parcel that is:


(a)  Not served by a domestic water and sewage treatment system, as

defined in section 24-65.1-104 (5), or is served by a well with a permit that cannot supply an additional dwelling unit;

(b)  A historic property that is not within a historic district; or


(c)  In a floodway or in a one hundred year floodplain, as identified by the

federal emergency management agency.

(10)  Historic district means a district established by local law that meets

the definition of district set forth in 36 CFR 60.3 (d).

(11)  Historic property means a property listed:


(a)  On the national register of historic places;


(b)  On the Colorado state register of historic properties; or


(c)  As a contributing structure or historic landmark by a certified local

government, as defined in section 39-22-514.5 (2)(b).

(12)  Local government means a municipality, county, or tribal nation with

jurisdiction in Colorado.

(13)  Local law means any code, law, ordinance, policy, regulation, or rule

enacted by a local government that governs the development and use of land, including land use codes, zoning codes, and subdivision codes.

(14)  Low- and moderate-income household means a household that is

considered low-, moderate-, or medium-income, as determined by the federal department of housing and urban development.

(15)  Metropolitan planning organization means a metropolitan planning

organization under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended.

(16)  Municipality means a home rule or statutory city or town, territorial

charter city or town, or city and county.

(17)  Objective standard means a standard that:


(a)  Is a defined benchmark or criterion that allows for determinations of

compliance to be consistently decided regardless of the decision maker; and

(b)  Does not require a subjective determination concerning a development

proposal, including but not limited to whether the application for the development proposal is:

(I)  Consistent with master plans, or other development plans;


(II)  Compatible with the land use or development of the area surrounding the

area described in the application; or

(III)  Consistent with public welfare, community character, or neighborhood

character.

(18)  Restrictive design or dimension standard means a standard in a local

law that:

(a)  Requires an architectural style, building material, or landscaping that is

more restrictive for an accessory dwelling unit than for a single-unit detached dwelling in the same zoning district;

(b)  Does not allow for accessory dwelling unit sizes between five hundred

and seven hundred fifty square feet;

(c)  Requires side setbacks for an accessory dwelling unit that are larger than

the side setbacks required for a primary dwelling unit in the same zoning district;

(d)  Requires a rear setback for an accessory dwelling unit that is larger than

the greater of:

(I)  The rear setback required for other accessory building types in the same

zoning district; or

(II)  Five feet;


(e)  Is a more restrictive minimum lot size standard for an accessory dwelling

unit than for a single-unit detached dwelling in the same zoning district; or

(f)  Applies more restrictive aesthetic design or dimensional standards to

accessory dwelling units that are factory-built residential structures, as defined in section 24-32-3302 (10), than other accessory dwelling units.

(19) (a)  Short-term rental means the rental of a lodging unit for less than

thirty days. As used in this subsection (19), lodging unit means any property or portion of a property that is available for lodging; except that the term excludes a hotel or motel unit.

(b)  Notwithstanding subsection (19)(a) of this section, a local government

may apply its own definition of short-term rental for purposes of this part 4.

(20)  Single-unit detached dwelling means a detached building with a

single dwelling unit on a single lot.

(21)  Subject jurisdiction means either:


(a)  A municipality that both has a population of one thousand or more, as

reported by the state demography office, and is within a metropolitan planning organization; or

(b)  The portion of a county that is both within a census designated place with

a population of forty thousand or more, as reported in the most recent decennial census, and within a metropolitan planning organization.

(22)  Tandem parking space means a parking space that is located either in

front of or behind one or more other parking spaces that share the same point of access.

(23)  Universal design means any dwelling unit designed and constructed to

be safe and accessible for any individual regardless of age or abilities.

(24)  Visitable unit means a dwelling unit that a person with a disability can

enter, move around the primary entrance floor of, and use the bathroom in.

Source: L. 2024: Entire article added (see the editor's note following the part

4 heading), (HB 24-1152), ch. 167, p. 819, � 1, effective May 13.

C.R.S. § 29-4-703

29-4-703. Definitions - rules. As used in this part 7, unless the context otherwise requires:

(1)  Authority means the Colorado housing and finance authority created by

this part 7.

(2)  Board means the board of directors of the Colorado housing and

finance authority.

(3)  Bond means any bond, note, or other obligation of the Colorado housing

and finance authority authorized to be issued under this part 7.

(3.1)  Capital means funds that are provided for the research, development,

refinement, or commercialization of a product or process, and funds that are provided for the operation of a business enterprise, including but not limited to the cost of personnel, rent, administrative services, utilities, insurance, equipment, raw materials, work in progress and stock in trade, or debt service on the financing thereof, or such other corporate purposes as may be approved by the board. Capital shall not include the cost of facilities that are financed by the authority as a project pursuant to this part 7.

(3.5)  County means any county within this state.


(4)  Executive director means the executive director of the Colorado

housing and finance authority appointed by the board of directors of said authority.

(4.5)  (Deleted by amendment, L. 2007, p. 703, � 1, effective May 3, 2007.)


(5)  Family means two or more persons, whether or not related by blood,

marriage, or adoption, who live or expect to live together as a single household in the same home, a single person who is either at least sixty-two years of age or has a disability, or such other single persons as the board may by rule determine to be eligible for assistance under this part 7.

(5.1)  Federal government means the United States and any agency or

instrumentality, corporate or otherwise, of the United States.

(5.2)  Financing agreement includes a lease, sublease, installment purchase

agreement, rental agreement, option to purchase, loan agreement, participation agreement, loan purchase agreement, or any other agreement, or any combination thereof, entered into in connection with the financing of a project or housing facility or the provision of capital pursuant to this part 7.

(5.3)  Governing body means the board, council, officer, or group charged

with exercising the legislative power of a government.

(5.4)  Government means the federal government, the state government,

and any county, municipality, or state agency.

(5.5)  Home improvement loan means a loan of money for the alteration,

repair, or improvement of an existing housing facility. The term does not include a loan for a pool, hot tub, or any other construction not directly improving the structural integrity, general appearance, or living conditions within the housing facility.

(6)  Housing facility means any work or undertaking that is designed and

financed pursuant to this part 7 for the primary purpose of providing decent, safe, and sanitary dwelling accommodations. Such dwelling accommodations may provide for separate, shared, or congregate facilities. Housing facility may include any buildings, land, equipment, facilities, or other real or personal property:

(a)  Found necessary by the authority to ensure required occupancy or

balanced community development; or

(b)  Found necessary or desirable by the authority for sound economic or

commercial development of a community.

(7)  Housing facility loan means a loan of money, including advances and

temporary and permanent loans, for the construction, reconstruction, rehabilitation, or purchase of a housing facility.

(8)  Lender means any state bank chartered by the state of Colorado or any

national banking association located in Colorado, state or federal savings and loan association located in Colorado, FHA-approved mortgagee, insurance company, mortgage banking or other financial institution, or public or private entity providing economic development assistance approved by the board.

(9)  Loan to lender means a loan of money to a lender.


(10)  Low-income family and low- or moderate-income family mean a

family whose income is insufficient to secure decent, safe, and sanitary housing provided by private industry without loans or other incentives made by the authority or federal subsidies and whose income is below respective income limits established by the board by rule, taking into consideration such factors as the following:

(a)  The amount of the total income of such family available for housing

needs;

(b)  The size of the family;


(c)  The cost and condition of housing facilities available;


(d)  The ability of such family to compete successfully in the private housing

market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing; and

(e)  Standards established by various programs of the federal government for

determining eligibility based on income of such family.

(11)  Mortgage means a mortgage, deed of trust, or other instrument

constituting a first lien on real property in this state and improvements constructed or to be constructed thereon or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, of not less than the term for repayment of the obligation secured by such mortgage.

(12)  Mortgage loan means a loan of money, including advances and

temporary loans, for the construction, reconstruction, rehabilitation, purchase, or refinancing of a housing facility, which loan is evidenced by an obligation secured by a mortgage.

(12.1)  Municipality means any city, including without limitation any city or

city and county operating under a home rule or special legislative charter, or town within this state.

(12.4)  Project means a work or improvement that is or will be located in this

state, including but not limited to real property, buildings, equipment, furnishings, and any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority and that is designed and intended for the purpose of providing facilities for manufacturing, warehousing, commercial, recreational, hotel, office, research and development, or other business or economic purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof, excluding raw material, work in process, or stock in trade. Project includes more than one project or any portion of a project, but shall not include a housing facility or any portion thereof unless the authority elects to treat such housing facility or portion thereof as a project. Project shall not include the financing by the authority of any county or municipal public facilities beyond the boundaries of the project, except to the extent that such facilities are adjacent to the project and support the operation of the project.

(12.5)  Project costs means the sum total of all costs incurred in the

development of a project which are approved by the authority as reasonable and necessary. Project costs includes, but is not limited to:

(a)  The cost of acquiring real property and any buildings thereon, including

but not limited to payments for options, deposits, or contracts to purchase properties;

(b)  The cost of site preparation, demolition, and development;


(c)  Any expenses relating to the issuance of bonds or notes;


(d)  Fees in connection with the planning, execution, and financing of the

project, such as those of architects, engineers, attorneys, accountants, and the authority;

(e)  The cost of studies, surveys, plans and permits, insurance, interest,

financing, tax and assessment costs, and other operating and carrying costs incurred during construction;

(f)  The cost of construction, rehabilitation, reconstruction, and equipping of

the project, not including the cost of raw materials, work in process, and stock in trade;

(g)  The cost of land improvements, such as landscaping and off-site

improvements;

(h)  Expenses in connection with initial occupancy of the project;


(i)  A reasonable profit and risk fee in addition to job overhead to the general

contractor and, if applicable, the sponsor;

(j)  An allowance established by the authority for contingency reserves and

reserves for any anticipated operating deficits after completion of the project; and

(k)  The cost of other items that the authority determines to be reasonable

and necessary for the development of the project, including but not limited to relocation costs, utility connection fees, indemnity and surety bonds, premiums on insurance, and fees and expenses of trustees, depositories, and paying agents for the bonds and notes.

(12.6)  Project plan means the plan for a project or projects and includes but

is not limited to:

(a)  A map or any other appropriate representation of the area and the

location of the project;

(b)  A statement of proposed land uses;


(c)  Any proposed amendments to, changes in, or variances from the master

plan, official map, or zoning regulations or other land use regulations, codes, or ordinances of the county or municipality in which the project is to be located;

(d)  A proposal for the acquisition of real property;


(e)  A proposal for the demolition and removal of existing structures;


(f)  A description of the project;


(g)  A statement of the plan's relationship to any officially adopted objectives

of the county or municipality as to land uses, density of population, traffic, public transportation, public utilities, recreational and community facilities, other public improvements, and the protection of the environment;

(h)  A statement of the provision being made for the temporary and

permanent relocation of any persons who may be displaced by the construction of the project;

(i)  A proposed time schedule for the effectuation of the plan; and


(j)  Additional statements or documentation as the authority may deem

appropriate.

(12.8)  Real property means all lands and franchises and interests in land

located within this state, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term. Real property includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable.

(12.9)  Small business means a profit or nonprofit enterprise of small or

moderate size, as determined by the board pursuant to regulation taking into consideration such factors as the following:

(a)  The net assets of the enterprise;


(b)  The number of employees involved or to be involved in the normal

operation of the project;

(c)  The total number of employees involved or to be involved in the normal

operation of the enterprise as a whole;

(d)  The type, size, and cost of the project; and


(e)  Applicable standards and criteria periodically applied by the federal

government in administering assistance programs for enterprises of small or moderate size.

(13)  Sponsor means an individual, joint venture, partnership, limited

partnership, trust, corporation, cooperative, condominium, association, public body, including the authority, or any other legal entity or combination thereof, which:

(a)  The authority has approved as qualified to own, construct, acquire,

rehabilitate, operate, lease, manage, or maintain part or all of a housing facility or a project; and

(b)  Except for a county, municipality, or other public body, has agreed to

subject itself to the regulatory powers of the authority.

(14)  Repealed.


(15)  State agency means any board, authority, agency, department,

commission, public corporation, body politic, or instrumentality of this state other than a municipality or a county.

(16)  Repealed.


Source: L. 73: p. 805, � 1. C.R.S. 1963: � 69-11-2. L. 75: (6) amended and (6.5),

(7.5), (9), (10), and (11) added, p. 970, � 2, effective April 19. L. 76: (11) amended and (12) added, p. 689, � 2, effective April 19. L. 77: (5), (6), (8), and (9) amended, p. 1416, � 1, effective May 14; (5.5) added, (11) amended, and (12) repealed, pp. 1413, 1415, �� 2, 6, effective June 19. L. 82: (6) R&RE, p. 471, � 1, effective April 15; (8) amended, (13) R&RE, and (3.5), (5.1), (5.2), (5.3), (5.4), (12.1), (12.4), (12.5), (12.6) (12.8), (12.9), (15), and (16) added, pp. 461, 462, � 2, 3, 4, effective April 23. L. 84: (4.5) added, p. 807, � 1, effective April 13. L. 85: IP(6) amended, p. 1040, � 1, effective July 1. L. 87: (1) to (3), (4), (5.2), (8), (12.4), and IP(13) amended, (3.1) added, and (16) repealed, pp. 1191, 1197, �� 3, 21, effective May 20. L. 93: (5) amended, p. 1669, � 84, effective July 1. L. 2007: (3), (4.5), (5), (5.2), (5.5), (6), IP(10), (12), and (12.4) amended, p. 703, � 1, effective May 3.

Editor's note: This section was originally numbered as � 29-4-702 in C.R.S.

1973, but this section and the subsections within this section were renumbered on revision in the 1977 replacement volume for ease of location. The definition of thermal performance improvement loan, added as subsection (12) in 1976 and subsequently repealed in 1977, was renumbered as subsection (14) in the 1977 replacement volume.

C.R.S. § 29-8-103

29-8-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Cable operator shall have the same meaning as set forth in the federal

Cable Communications Policy Act of 1984, as amended, 47 U.S.C. sec. 522.

(1.5)  Communication service means the transmission of intelligence by

electrical means, including, but not limited to, telephone, telegraph, messenger-call, block, police, fire alarm, and traffic control circuits or the transmission of television or radio signals.

(2)  Convert or conversion means the removal of all or any part of any

existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

(3)  Electric or communication facilities means any works or improvements

used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.

(4)  Electric service means the transmission and distribution of electricity

for heat, light, or power.

(5)  Governing body means the board of county commissioners or city

council or board of trustees, as may be appropriate, depending on whether the improvement district is located in a county or within a city or town.

(6)  Net effective interest rate means the net interest cost of bonds divided

by the sum of the products derived by multiplying the principal amounts of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(7)  Overhead electric or communication facilities means electric or

communication facilities located, in whole or in part, above the surface of the ground.

(7.5)  Political subdivision means a county, city and county, city, town, home

rule city, home rule town, service authority, school district, local improvement district, law enforcement authority, any special district such as water, sanitation, fire protection, metropolitan, irrigation, or drainage, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

(8)  Public utility means one or more persons or corporations that provide

electric or communication service to the public by means of electric or communication facilities and shall include any city, county, special district, or public corporation that provides electric or communication service to the public by means of electric or communication facilities.

(9)  Resolution means ordinance, where the governing body properly acts

by ordinance, or resolution, where the governing body is authorized to act by resolution.

(10)  Underground electric or communication facilities means electric or

communication facilities located, in whole or in part, beneath the surface of the ground, or facilities within the confines of a power substation. Communication facilities does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio or outdoor public telephones. Underground facilities includes certain facilities even though such facilities remain above the surface, in accordance with standard underground practices, such as transformers, pull boxes, service terminals, meters, pedestal terminals, splice closures, apparatus cabinets, and similar facilities.

Source: L. 71: p. 987, � 1. C.R.S. 1963: � 89-23-3. L. 99: (1) amended and (1.5)

and (7.5) added, p. 373, � 2, effective April 22. L. 2001: (3) and (4) amended, p. 240, � 1, effective July 1.

C.R.S. § 3-1-130

3-1-130. Rocky Mountain National Park. (1) Exclusive jurisdiction shall be and the same is hereby ceded to the United States of America over and within all of the territory which is now included in that tract of land in the state of Colorado set aside and dedicated for park purposes by the United States, known as the Rocky Mountain National Park, saving, to the state of Colorado to the right to serve civil or criminal process within the limits of the aforesaid park, in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed outside of said park, and saving further to the said state the right to tax persons and corporations, their franchises and property on the lands included in said tracts, and saving, also, to the persons residing in said park now or hereafter the right to vote at all elections held within the county or counties in which said tracts are situated; and saving to all persons residing within said park upon lands now privately owned within said park access to and from such lands, and all rights and privileges as citizens of the United States and saving to the people of Colorado all vested, appropriated, and existing water rights and rights-of-way connected therewith, including all existing irrigation conduits and ditches; but jurisdiction shall not vest in the United States now or hereafter over any lands included within said park until the United States, through its proper officers, notifies the state of Colorado, through its governor, that the United States assumes police jurisdiction over the respective tracts involved.

(2)  Exclusive jurisdiction is hereby ceded to the United States over and

within all the territory added since February 19, 1929, to that tract of land in the state of Colorado set aside and dedicated for park purposes by the United States, known as the Rocky Mountain National Park; saving, to the state of Colorado all criminal and civil jurisdiction over the existing sixty feet in width right-of-way of the westbound traffic lanes of state highway No. 262, also known as the Moraine Park road, and a strip of land thirty feet to either side of the center line of the eastbound traffic lanes lying south of the westbound traffic lanes of said state highway No. 262, together with the connecting roads between the eastbound and westbound traffic lanes of said highway, as rerouted and constructed by the United States where such lie within the boundaries of aforesaid National Park in the northwest quarter of section 35, township 5 north, range 73 west of the 6th p.m.; also, saving to the state of Colorado the right to serve civil or criminal process within the limits of the aforesaid park, in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed outside of said park, and saving to the state the right to tax persons and corporations, their franchises and property on lands included in the added tracts, and saving to persons residing in said park the right to vote at all elections held within the county or counties in which the tracts are situated, and saving to all persons residing within the park upon lands now privately owned within the addition to the park, access to and from such lands, and all rights and privileges as citizens of the United States, and saving to the people of Colorado all vested, adjudicated, appropriated, and existing water rights and rights-of-way connected therewith, including all existing domestic or irrigation conduits and ditches; but jurisdiction shall not vest in the United States now or hereafter over any lands included within said park until the United States, through its proper officers, notifies the state, through its governor, that the United States assumes police jurisdiction over the respective tracts involved.

Source: L. 29: p. 475, � 1. CSA: C. 168, � 33. CRS 53: � 142-1-33. L. 61: p. 837,

� 1. C.R.S. 1963: � 143-1-33.

C.R.S. § 30-1-102

30-1-102. Fees of county treasurer - repeal. (1) The county treasurer shall charge and receive the following fees:

(a)  Upon all money received by him or her for town and city taxes except as

otherwise provided in section 42-3-107 (24)(c), whether such towns or cities are incorporated under the general laws or by special charter, and anything in said charter to the contrary notwithstanding, and upon all school taxes in counties of the first class, one percent; in counties of the second class, one percent; in counties of every other class, one percent on school taxes and two percent on town and city taxes; except that a collection fee not exceeding one-quarter of one percent shall be charged as provided in section 22-54-119 and no collection fee shall be charged on other school taxes exempt by law from said collection fees;

(b)  Upon all moneys received by him for taxes of every other kind in counties

of the first class, one percent; second class, one and one-half percent; third class, two percent; fourth class, three percent; fifth class, five percent;

(c)  For receiving all moneys other than taxes, one percent, except moneys

received from all federal funds derived from any and all sources. No collection fees shall be charged upon any moneys collected and distributed under the provisions of sections 22-54-106 and 22-54-115, C.R.S., or upon other school moneys exempt by law from said collection fees;

(d)  Repealed.


(e)  For advertising delinquent personal property taxes, ten dollars or the

cost of advertising, whichever is greater;

(f)  For certifying the amount of taxes due on any parcel of real estate, and

for certifying outstanding sales for unpaid taxes with the amount required for redemption, ten dollars for each certificate;

(g)  In connection with a sale for delinquent taxes, for advertising each

property description that is separately identified by its own parcel number for general property tax purposes, the estimated cost of advertising but not less than ten dollars;

(h)  Repealed.


(i)  For each certificate of purchase delivered, four dollars;


(j)  For endorsing the amount of subsequent taxes paid on tax certificates

and the date of payment in the book of tax sales, five dollars for each certificate;

(k)  For processing an application for treasurer's deed, thirty-five dollars if

the application is not advertised and seventy-five dollars if the application is advertised;

(l)  For the assignment of a certificate of purchase, made to the county, city,

town, or city and county at any tax sale, to a person desiring to purchase land covered by such certificate, four dollars;

(m)  For each notice of purchase required by section 39-11-128 (1), C.R.S., to

be served before a treasurer's deed may be issued, the cost of publication in a newspaper where such publication is required;

(n)  For each certificate of redemption delivered, seven dollars;


(o) (I)  For services in collecting drainage district assessments on or before

December 31, 2025, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum. This subsection (1)(o)(I) is repealed, effective July 1, 2026.

(II)  For services in collecting drainage district assessments on and after

January 1, 2026, twenty-five hundredths of one percent upon all money received by the county treasurer for assessments levied by the drainage district;

(p) (I)  For services in collecting irrigation district assessments on or before

December 31, 2025, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum. This subsection (1)(p)(I) is repealed, effective July 1, 2026.

(II)  For services in collecting irrigation district assessments on and after

January 1, 2026, twenty-five hundredths of one percent upon all money received by the county treasurer for assessments levied by the irrigation district;

(q)  For services rendered in handling the payment of principal and interest

on bonds of a school district, such amount as the county treasurer and the board of education shall agree upon, which shall be determined in accordance with the prevailing rate charged for similar services rendered by commercial banks in the state of Colorado;

(r)  For preparation of a distraint warrant, fifteen dollars;


(s)  For research, the amounts specified in section 24-72-205;


(t)  For the notice, computation, and recording provided in section 32-1-1604,

C.R.S., thirty dollars.

(1.5)  The county treasurer may charge and receive the fee specified in

section 42-4-510 (2)(a) for issuing an authentication of paid ad valorem taxes and a transportable manufactured home permit.

(2)  None of the provisions of this section shall be applicable to any moneys

received or collected by any county treasurer for any hospital established under the provisions of part 3 of article 3 of title 25, C.R.S., or for any health service district embracing only an entire county established under the provisions of article 1 of title 32, C.R.S.

(3)  In addition to any other fees to which the county treasurer is entitled and

notwithstanding the provisions of subsection (2) of this section, the county treasurer may charge an administrative fee of five dollars when the payment of any real property tax statement, exclusive of any license fees collected pursuant to sections 35-40-205 and 35-57.5-116, C.R.S., is less than ten dollars. The fee shall be credited to the county general fund, pursuant to section 30-25-105, to cover the cost of processing such tax statement.

Source: L. 1891: p. 211, � 6. L. 1897: p. 159, � 1. R.S. 08: � 2537. C.L. � 7887.

CSA: C. 66, � 25. CRS 53: � 56-4-2. L. 55: p. 385, � 1. L. 56: p. 147, �� 1, 2. L. 59: p. 441, � 1. L. 63: p. 490, � 1. C.R.S. 1963: � 56-4-2. L. 71: p. 325, � 2. L. 73: p. 1433, � 1. L. 75: (1)(i), (1)(k), and (1)(n) amended, p. 1478, � 1, effective June 26. L. 79: (1)(q) added, p. 792, � 2, effective May 22. L. 81: (2) amended, p. 1612, � 9, effective July 1. L. 84: (3) added, p. 813, � 1, effective March 29. L. 87: (3) amended, p. 1202, � 1, effective April 30. L. 88: (1)(a) and (1)(c) amended, p. 823, � 35, effective May 24; (1)(d), (1)(f), (1)(g), and (1)(i) to (1)(n) amended and (1)(r) and (1)(s) added, p. 1105, � 1, effective January 1, 1989. L. 90: (1)(e) amended, p. 1695, � 15, effective June 9. L. 91: (1)(h) repealed, p. 1972, � 1, effective March 27; (1)(t) added, p. 2426, � 7, effective June 8. L. 94: (1)(a) and (1)(c) amended, p. 824, � 53, effective April 27. L. 95: (3) amended, p. 1105, � 45, effective May 31. L. 96: (2) amended, p. 472, � 7, effective July 1. L. 97: (3) amended, p. 182, � 13, effective March 31. L. 99: (1)(a) amended, p. 177, � 5, effective January 1, 2000. L. 2020: (1)(a) and (1)(s) amended, (1)(d) repealed, and (1.5) added, (HB 20-1077), ch. 80, p. 323, � 1, effective September 14. L. 2023: (1)(o) and (1)(p) amended, (SB 23-057), ch. 53, p. 188, � 1, effective January 1, 2024.

C.R.S. § 30-20-101

30-20-101. Definitions. As used in this part 1, unless the context otherwise requires:

(1)  Approved site or facility means a site or facility for which a certificate of

designation has been obtained, as provided in this part 1.

(1.5)  Closed site or facility means a site or facility that has been closed in

accordance with provisions of the federal regulations pursuant to subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, as published in 40 CFR 258.60, and in the manner specified in the approved certificate of designation application at the time of approval of the site or facility or in a closure plan that has been approved by the department.

(2)  Department means the department of public health and environment.


(2.3)  Excluded scrap metal means processed scrap metal, unprocessed

home scrap metal, and unprocessed prompt scrap metal.

(2.5)  Governing body having jurisdiction means the board of county

commissioners if a site and facility is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a site and facility is located within an incorporated area.

(2.6)  Home scrap metal means scrap metal generated by steel mills,

foundries, and refineries, including, but not limited to, turnings, cuttings, punchings, and borings.

(2.7)  Landfill gases means gases formed by the decomposition of buried

solid waste. Landfill gases include, but are not limited to, methane.

(2.8)  Municipality means a home rule or statutory city, town, or city and

county or a territorial charter city.

(3)  Person means an individual, partnership, private or municipal

corporation, firm, board of a metropolitan district or sanitation district, or other association of persons.

(3.5)  Processed scrap metal means scrap metal that has been manually or

physically altered to separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to:

(a)  Scrap metal that has been baled, shredded, sheared, chopped, crushed,

flattened, cut, melted, or separated by metal type; and

(b)  Fines, drosses, and related materials that have been agglomerated.


(3.7)  Prompt scrap metal means scrap metal generated by the metal

working or fabrication industries, including, but not limited to, turnings, cuttings, punchings, and borings. Prompt scrap metal includes industrial metal scrap and new scrap metal.

(4)  Recyclable materials means any type of discarded or waste material

that is not regulated under section 25-8-205 (1)(e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled, but not including recycled auto parts or excluded scrap metal that is being recycled, or scrap that is composed of worn out metal or a metal product that has outlived its original use, commonly referred to as obsolete scrap.

(5)  Recycling operation means that part of a solid wastes disposal facility

or a part of a general disposal facility at which recyclable materials may be separated from other materials for further processing.

(5.5)  Shredded circuit boards means shredded electronic circuit boards

that:

(a)  Are stored in containers that are sufficient to prevent any release to the

environment prior to recovery; and

(b)  Do not contain mercury switches, mercury relays, nickel-cadmium

batteries, or lithium batteries.

(5.8)  Solid and hazardous waste commission means the solid and

hazardous waste commission created in section 25-15-302, C.R.S.

(6) (a)  Solid waste means any garbage, refuse, sludge from a waste

treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities.

(b)  Solid waste does not include:


(I)  Any solid or dissolved materials in domestic sewage;


(II)  Agricultural wastes;


(III)  Solid or dissolved materials in irrigation return flows;


(IV)  Industrial discharges which are point sources subject to permits under

the provisions of the Colorado Water Quality Control Act, article 8 of title 25, C.R.S.;

(V)  Materials handled at facilities licensed pursuant to the provisions on

radiation control in article 11 of title 25, C.R.S.;

(VI)  Exploration and production wastes, as defined in section 34-60-103,

except as the exploration and production wastes may be deposited at a commercial solid waste facility;

(VII)  Excluded scrap metal that is being recycled; or


(VIII)  Shredded circuit boards that are being recycled.


(7)  Solid wastes disposal means the storage, treatment, utilization,

processing, or final disposal of solid wastes.

(8)  Solid wastes disposal site and facility means the location and facility at

which the deposit and final treatment of solid wastes occur.

(8.5)  (Deleted by amendment, L. 2006, p. 1133, � 14, effective July 1, 2006.)


(9)  Transfer station means a facility at which refuse, awaiting

transportation to a disposal site, is transferred from one type of containerized collection receptacle and placed into another or is processed for compaction.

(10)  Water quality control commission means the water quality control

commission created in section 25-8-201, C.R.S.

Source: L. 67: p. 759, � 1. C.R.S. 1963: � 36-23-1. L. 71: p. 340, �� 1, 2. L. 83:

(6) R&RE, p. 1239, � 1, effective July 1. L. 91: (2.5) and (2.7) added, p. 964, � 2, effective June 5. L. 92: (1.5) added and (7) and (9) amended, p. 1275, � 1, effective July 1. L. 94: (8.5) added, p. 32, � 1, effective March 9; (2) amended, p. 2800, � 557, effective July 1. L. 95: (6) amended, p. 120, � 2, effective March 31. L. 98: (2.3), (2.6), (3.5), (3.7), (5.5), (6)(b)(VII), and (6)(b)(VIII) added and (6)(b)(V) amended, pp. 171, 172, �� 2, 3, effective April 6; (3) amended, p. 1071, � 4, effective June 1; (4) amended, p. 880, � 5, effective July 1. L. 2001: (2.7) amended and (2.8) added, p. 1100, � 2, effective July 1. L. 2006: (8.5) amended and (5.8) and (10) added, p. 1133, � 14, effective July 1. L. 2024: (6)(b)(VI) amended, (HB 24-1346), ch. 216, p. 1344, � 18, effective May 21.

Editor's note: Subsection (5.8) was originally numbered as (5.5) in Senate Bill

06-171 but has been renumbered on revision for ease of location.

Cross references: (1)  For definitions applicable to this part 1, see � 30-26-301

(2)(d).

(2)  For the legislative declaration contained in the 1995 act amending

subsection (6), see section 1 of chapter 42, Session Laws of Colorado 1995. For the legislative declaration contained in the 1998 act enacting subsections (2.3), (2.6), (3.5), (3.7), (5.5), (6)(b)(VII), and (6)(b)(VIII) and amending subsection (6)(b)(V), see section 1 of chapter 68, Session Laws of Colorado 1998. For the legislative declaration contained in the 1998 act amending subsection (4), see section 1 of chapter 236, Session Laws of Colorado 1998.

C.R.S. § 30-26-503

30-26-503. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Board means the board of county commissioners or other governing

body of any county.

(2)  Bonds means any revenue bonds or other obligations issued by a county

pursuant to this part 5 but does not include general obligation bonds.

(3)  County means any county within this state.


(4)  County capital improvement trust fund means any one or more of the

county capital improvement trust funds established pursuant to this part 5.

(5)  Obligations means notes, contracts, leases, and refunding obligations

issued by a county pursuant to this part 5.

(6)  Person means any individual, firm, partnership, association, or

corporation or two or more or any combination of such entities.

(7)  Political subdivision means counties, special districts, water

conservation districts, irrigation districts, municipal corporations, school districts, and all other political subdivisions of the state.

(8)  Project means any land, building, facility, or other improvement and all

real or personal property, and any undivided or other interest in any of the foregoing, which is acquired, constructed, or improved or which is to be acquired, constructed, or improved by any county with the proceeds of any bonds issued by such county pursuant to this part 5 or with the principal of any county capital improvement trust fund expended by such county pursuant to this part 5, to the extent and only to the extent that such county is authorized to undertake any acquisition, construction, or improvement of such project under the laws of this state.

Source: L. 82: Entire part added, p. 485, � 1, effective July 1.


Cross references: For definitions applicable to this article, see � 30-26-301

(2)(d).

C.R.S. § 30-35-201

30-35-201. Powers of governing bodies. The governing body of a home rule county shall exercise such duties and authority and shall have all the powers and responsibilities as provided by law for governing bodies of counties not adopting a home rule charter and shall also have all of the following powers that have been included in the county's home rule charter or in any amendment thereto, pursuant to the provisions of section 30-35-103 (1):

(Administrative Powers)

(1)  Finances.  To control the finances and property of the corporation;


(2)  Appropriations.  To appropriate moneys for corporate purposes only, and

provide for payment of debts and expenses of the corporation;

(3)  Public entertainment.  To appropriate moneys in an amount not

exceeding six-tenths of one mill on the valuation for assessment for the purpose of giving public concerts and entertainments by such corporation;

(4)  Advertising.  To appropriate moneys for the purpose of advertising the

business, social, and educational advantages, the natural resources, and the scenic attractions of the corporation;

(5)  Taxes.  To levy and collect taxes for general and special purposes on real

and personal property, as provided by statute;

(6)  Indebtedness.  (a)  To contract an indebtedness on behalf of the county

and upon the credit thereof, by borrowing money or issuing the bonds of the county, for any public purpose of the county, including, but not limited to, the supplying of water and sewer facilities service, the purchase of land, and the purchase, construction, extension, and improvement of public roads, streets, buildings, facilities, and equipment, and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the county;

(b)  The total amount of indebtedness for all purposes shall not at any time

exceed three percent of the valuation for assessment of the county as determined by the county assessor, except such debt as may be incurred in supplying water, and no loan for any purpose shall be made unless it is by ordinance, which shall be irrepealable until the indebtedness therein provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied, and providing for the levying of a tax which, together with such other revenues, assets, or funds as may be pledged, shall be sufficient to pay the annual interest on, and extinguish the principal of, said debt within the time limited for the debt to run, which, excepting such debt as may be incurred in supplying water, shall not be more than thirty years; except that said tax when collected shall only be applied for the purposes in said ordinance specified, until the indebtedness is paid and discharged; but no debt shall be created unless the question of incurring the same is submitted, at a regular or special election of the county, to the registered electors thereof and a majority of the registered electors voting upon the question vote in favor of creating such debt.

(c)  No statutory provisions of any other law limiting or fixing tax rates shall

limit the provisions of this subsection (6).

(d)  Bonds issued under this subsection (6) may mature serially during a

period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years from the date thereof. The right to redeem all or part of said bonds prior to their maturity, and the order of any such redemption, shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds.

(e)  The ordinance or resolution submitting the question of contracting an

indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred. For the purposes of this article:

(I)  Net effective interest rate of a proposed issue of bonds shall be defined

as the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.

(II)  Net interest cost of a proposed issue of bonds shall be defined as the

total amount of interest to accrue on said bonds from their date to their respective maturities, plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(f) (I)  The governing body, having received approval at an election to issue

bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit, at another regular or special election, either the question of issuing the bonds, or any portion thereof, at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election or the question of issuing the bonds, or any portion thereof, to mature over a longer period of time than the maximum period of maturity approved at the original election, or the governing body may submit both such questions.

(II)  An election held pursuant to this paragraph (f) shall be held in

substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question or questions permitted under this paragraph (f).

(III)  At an election held pursuant to this paragraph (f), if the changes

submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election.

(7)  Officers and employees.  To provide by ordinance for the powers, duties,

appointment, term of office, removal, and compensation of all officers and employees of the county not otherwise provided for by the state constitution or by statute or by charter and to provide for a retirement plan for such officers and employees;

(8)  Supplies.  To provide by ordinance that all the paper, printing, stationery,

fuel, and other supplies needed for the use of the county shall be furnished by contract let to the lowest responsible bidder;

(9)  Charges on land.  To prescribe, by general ordinance, the mode in which

the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Any such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also be a lien upon lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding in law or in equity, either in the name of such corporation or of any person to whom it shall have directed payment to be made. In any such proceedings where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway, for sewerage, or for water used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or parcels of land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be for each separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal.

(10)  Vacancies.  To fill any vacancy occurring by death, removal, or

resignation of any member of the governing body or other elective county officer by the appointment of a successor, and such appointee shall hold his office only until the next election, when the vacancy shall be filled by election as in other cases;

(11)  Grants of rights-of-way.  To grant, by ordinance and upon such terms

and conditions as may be prescribed therein, rights-of-way through, over, across, and under roads, streets, and alleys;

(Public Works and Services)

(12)  Buildings.  To construct and maintain public buildings;


(12.5)  Energy conservation measures.  To enter into installment purchase

contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.

(13)  Streets and public grounds. (a)  To plan, establish, open, alter, widen,

extend, grade, pave, or otherwise improve roads, streets, alleys, avenues, sidewalks, parks, and public grounds, and vacate the same, and to direct and regulate the landscaping within the rights-of-way of such roads, streets, and, avenues and on public grounds; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the maintenance of the same;

(b)  To regulate the openings therein for the laying-out of gas or water mains

and pipes and the building and repairing of sewers, tunnels, and drains or for any other purpose;

(c)  To regulate the use of sidewalks along the streets and alleys, and all

structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks free from snow and other obstructions;

(d)  To regulate and prevent the throwing or depositing of ashes, garbage, or

any offensive matter in, and to prevent any injury to, any road, street, avenue, alley, or public ground;

(e)  To provide for and regulate crosswalks, curbs, and gutters;


(f)  To regulate and prevent the use of roads, streets, sidewalks, and public

grounds for the erection of signs, signposts, awnings, awning posts, and utility poles and for the posting of handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills upon the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses or other structures;

(g)  To regulate the numbering of houses and lots and to name and change

the name of any road, street, avenue, alley, or other public place;

(14)  Bridges and tunnels.  To construct and maintain bridges, viaducts, and

tunnels and to regulate the use thereof;

(15)  Sewers and water mains.  To construct and maintain culverts, drains,

sewers, water mains, septic tanks, and cesspools and to regulate their use and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the road, street, or alley wherein such sewer, water main, or drain is to be laid. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against the county, and the balance may be assessed against the lots or lands and the owners thereof, according to the frontage.

(16)  Lease or purchase of canals.  To purchase or lease any canal or ditch

already constructed, or which may hereafter be constructed, and all the rights, privileges, and franchises of any person or corporation owning the same or having any interest or right therein, and to hold and operate the same in the same manner as the persons or corporations from whom the same may be purchased or leased might otherwise do, if such purchase or lease is made for the purpose of supplying, by said ditch or canal, water for the use of the people of the county and if a majority of the registered electors of the county voting at any regular election held for the election of county officers vote in favor of said purchase;

(17)  Obligations - repair - management.  In making a purchase or lease

pursuant to subsection (16) of this section, to assume all obligations and other duties which by law devolve upon the owner of such ditch or canal from whom the same may be purchased or leased by virtue of subsection (16) of this section and to repair, improve or enlarge said canal or ditch or any flume, dam, or gate connected therewith and, for such objects, to levy and collect taxes in the same manner as other taxes are levied and collected by law. The management of such ditch or canal shall be under the control of the governing body of a home rule county.

(18)  Counties may purchase water rights.  To purchase water and water

rights for the purpose of supplying counties and the inhabitants thereof with water. When deemed necessary and proper, the governing body of a county may purchase and hold the lands with which said water right is connected, whether the same is within or beyond the corporate limits thereof.

(19)  May divert waters - sell lands.  To divert the waters acquired by

purchase, to the amount and extent theretofore lawfully appropriated, for the use of the county and the inhabitants thereof and to sell such lands whenever the governing body of a county may deem such course advisable;

(20)  Ratification of prior rights purchased.  To exercise the right to hold and

retain water rights, or such lands and water rights as may have been purchased prior to June 8, 1981, by any county in this state for the purpose of providing water for the use thereof or for the use of its inhabitants, such right hereby being given and ratified and confirmed to the county; and also to exercise the right to divert the water belonging to such rights for the use of the county and the inhabitants thereof; and to sell and dispose of such lands so purchased separate and apart from the water rights as provided in subsection (19) of this section;

(21)  Water pollution control.  (a)  To cooperate with and report to the water

quality control commission and the department of public health and environment concerning any instances of water pollution, but this paragraph (a) shall not be construed to affect any activity conducted in compliance with any valid permit, license, or other authority granted or issued by any agency of the state or federal government;

(b)  To apply for and to accept grants or loans or any other aid from the

federal or state government or any agent or instrumentality thereof or any private agency;

(c)  To construct, reconstruct, lease, improve, better, and extend sewerage

facilities and sewage treatment works wholly within or wholly without the county or partially within and partially without the county;

(d)  To issue its general obligation bonds or other general obligations for the

purpose set forth in, and within the limitations prescribed by, subsection (6) of this section and to issue its revenue bonds or obligations for such purpose in accordance with law;

(e)  To provide that such bonds or obligations or any part thereof may be sold

to the state of Colorado or the United States of America or any agency or instrumentality of either at private sale and without advertisement;

(f)  To cooperate with other local public bodies and with state and federal

agencies by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof;

(g)  To enter into joint operating agreements with industrial enterprises and

accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, and extension of sewerage facilities and sewage treatment works. When determined by its governing body to be in the public interest and necessary for the protection of the public health, the county is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the county of amounts at least sufficient, in the determination of such governing body, to compensate the county for the cost of providing, including the payment of the principal and any interest charges, and of operating and maintaining the sewerage facilities serving such industrial establishment.

(22)  Firehouses, equipment, and firefighters.  To erect firehouses, and

provide fire equipment for the extinguishment of fires and to provide for the use and management of the same; to determine the powers and duties of the members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire and to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire;

(23)  Hospitals and places of relief.  (a)  To erect, establish, and maintain

public hospitals, medical dispensaries, and other health facilities;

(b)  The limitations on borrowing and incurring indebtedness set forth in

section 25-3-304 (2), C.R.S., shall not apply to county hospitals established in home rule counties, as that term is defined in part 5 of article 11 of this title. The board of public hospital trustees in such home rule counties shall have the power to borrow money and enter into long term leases even where such indebtedness may not be repaid for more than one year and such indebtedness shall not require the approval of the board of county commissioners of such county unless such power to approve such indebtedness is specifically reserved to the board of county commissioners in the county home rule charter. The home rule county shall incur no liability as a result of the actions to incur indebtedness by such board of public hospital trustees.

(24)  Cemeteries.  To establish and regulate cemeteries within or without the

corporation and acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed;

(25)  Franchise and charges for utilities.  When the right to build and operate

such water or cable television systems is granted to private individuals or incorporated companies by the county, to make such grant to inure for a term of not more than twenty-five years and to authorize such individuals or company to charge and collect from each person supplied by them with water or such water or cable television charges as may be agreed upon between said person or corporation so building said works and the county; and to enter into a contract with the individual or company constructing said works to supply the county with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and to pay therefor such sums as may be agreed upon between said contracting parties;

(26)  Assessments for utility charges.  To assess from time to time, when

constructing such water or cable television systems, in such manner as they shall deem equitable upon each tenement or other place supplied with such service, such charges as may be agreed upon by the governing body. At the regular time for levying taxes in each year, said county is hereby empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in the county. Such tax, with charges hereby authorized, shall be sufficient to pay the expenses of operating and maintaining such systems. If the right to build, maintain, and operate such systems is granted to private individuals or incorporated companies by the county, and the county shall contract with said individuals or companies for the supplying of such services for any purpose, the county shall levy each year and cause to be collected a special tax as provided for above, sufficient to pay off such charges so agreed to be paid to said individuals or company constructing said systems, but the said special tax shall not exceed the sum of three mills on the dollar for any one year.

(27)  Water facilities and taxes.  To construct public wells, cisterns, and

reservoirs in the roads, streets, and other public and private places within the county, or beyond the limits thereof, and to provide proper pumps and conduits or ditches, for the purpose of supplying such county with water; and to levy an equitable and just tax or charge upon all consumers of water for the purpose of defraying the expense of such improvements;

(28)  Supply water to outside consumers.  To supply water from their water

systems to consumers outside of the county and to collect therefor such charges, upon such conditions and upon such limitations as the county may impose by ordinance;

(29)  Parks - recreational facilities - conservation easements.  (a)  To

acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest.

(b)  Interests in land, as used in subsections (29) to (39) of this section,

means and includes any and all rights and interests in land less than the full fee interest, including, but not limited to, future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to this subsection (29), when recorded, shall be deemed to run with the land to which it pertains for the benefit of the county holding such interest and may be protected and enforced by a county in any court of general jurisdiction by any proceeding known at law or in equity.

(c)  Any county may unite with any other similarly authorized political

subdivision of this state in acquiring, establishing, and maintaining any property which a county is authorized to acquire, establish, or maintain pursuant to this subsection (29).

(30)  Lands or interests in land acquired.  With respect to lands, or interests

in land, for any of the purposes mentioned in subsection (29) of this section, to acquire, either by gift, devise, or purchase, but no land shall be purchased for such purpose until the governing body shall adopt an ordinance authorizing such acquisition and stating the location and legal description of the lands to be acquired and, in case of purchase, the price to be paid and the manner of payment or unless the proposal to acquire such lands shall be submitted upon petition pursuant to subsection (33) of this section and approved by the electors of the county. Lands or interests in land given or devised to a county for the purposes mentioned shall be accepted or refused by ordinance passed by the governing body of the county.

(31)  Management - licenses - franchises.  Exclusively, to manage and

control all parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads as mentioned in subsection (29) of this section and, exclusively, to lay out, regulate, and improve the same, to prohibit certain or heavy traffic therein and thereon, to grant or refuse licenses to vend goods on the roads, streets, or sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining parks, and to establish and maintain necessary rules and regulations for the proper supervision and government thereof. The county shall have such additional powers relating thereto as may be prescribed by ordinance, and the governing body shall provide, by ordinance, for the enforcement of such rules and orders.

(32)  Bequests for park purposes.  Upon such trusts or conditions as may be

approved by the county real or personal property may be granted, bequeathed, devised, or conveyed to the county for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, or works of art. All such property or the rents, issues, and profits thereof shall be subject to the exclusive management and control of the county.

(33)  Acquisition and bonds submitted to electors.  (a)  For any of the

purposes named in subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interests in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection (6) of this section.

(b)  The governing body, upon petition of the registered electors of the

county, equal in number to ten percent of the total number of such electors voting at the last regular election of the county, shall submit at the next regular election either or both of the questions of acquisition or of incurring bonded indebtedness by separate ordinance. In the ordinance submitting the question of the acquisition of such lands or interests in land, the governing body shall state the location of the land or interests in land proposed to be acquired, describing the same by legal subdivisions, wherever practicable, and the consideration to be given for the purchase and the manner of payment; and, in the ordinance submitting the question of incurring indebtedness, the governing body shall state the maximum net effective interest rate at which the bonds may be issued. If the only question to be submitted is the acquisition of such properties, the question may be submitted at a regular or special election. If the acquisition or incurring of indebtedness or both have been approved as required by subsection (6) of this section, the governing body shall acquire such lands or interests in land, incur said indebtedness, or both, pursuant to said authorization.

(34)  Park fund - certified vouchers.  To provide for a park fund which shall

consist of moneys levied, collected, and appropriated therefor and coming into the fund by donation or otherwise. All moneys collected and credited to the park fund shall be used for the maintenance and improvement of parks, parkways, boulevards, avenues, driveways, and roads and shall be expended by the county as in their judgment the needs of such property shall require. The same shall be drawn upon the proper officers of the county, upon vouchers properly authenticated.

(35)  Maximum tax levy - moneys credited.  (a)  As a part of the annual levies

authorized by law, to annually levy, assess, and collect upon each dollar of taxable property within the county not more than one and one-half mills for the purposes of said park fund, the proceeds of which shall be collected in the same manner as other county taxes and shall be appropriated to the park fund.

(b)  All moneys collected or received or levied or appropriated by the county

for park purposes shall be deposited in the county treasury to the credit of the park fund. Any portion thereof remaining unexpended at the end of any fiscal year or at any other time shall not in any event revert into the general fund nor be subject to appropriation for general purposes.

(36)  Acquisition of park land by assessment and bond sale.  In addition to

the powers conferred to acquire lands for parks and parkways by the sale of the general bonds of the county, to acquire boulevards, parkways, avenues, driveways, and roads, in the manner provided in subsection (37) of this section, the same to be paid for by special assessments upon all the other real estate, except avenues, boulevards, streets, and roads, in the county or partly out of the proceeds of the sale of the general bonds of the county and partly by such assessments as the same may be determined by ordinance.

(37)  Acquisition by condemnation.  For the purpose of acquiring lands for

boulevards, parkways, avenues, driveways, and roads, to select and, by a suitable proceeding in the name of the county and without the passage of any ordinance, to condemn real property, to purchase any real property so selected for one or more boulevards, parkways, avenues, driveways, or roads, and to select routes and streets for the purpose of establishing and maintaining a system of connecting boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be in accordance with the general laws of the state, so far as the same are applicable, but the benefit to other lands shall be ascertained and assessed.

(38)  Park bonds.  To pay for the parks and pleasure grounds, boulevards,

parkways, avenues, driveways, and roads established by any county, or such part thereof, as may be determined by the county, in park bonds of the county of a date and form prescribed by the county, bearing the name of the county, and payable to bearer at such times and in a sufficient period of years to cover the period of payments provided for, with interest annually at a rate or rates such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, as may be determined by the governing body. The bonds shall be signed by the executive officer, countersigned by the county clerk and recorder, and bearing the seal of the county endorsed thereon, the interest to be evidenced by suitable coupons attested by a facsimile of the signature of the county clerk and recorder.

(39)  Control of park grounds.  In all cases where any home rule county has

acquired lands for parks, parkways, boulevards, or roads, to have full police power and jurisdiction and full power and authority in the management, control, improvement, and maintenance of and over any and all such lands so acquired; to have power and authority to provide by ordinance for the regulation and control of its lands so acquired and to prevent the commission of any and all acts which are or may be declared unlawful and to prosecute and punish the violation of any ordinances in its county courts. A county shall have like power and jurisdiction to regulate and prevent the erection, construction, and maintenance, within three hundred feet of any such park, parkway, boulevard, or road, of any advertisement or of any billboard or other structure for advertisements, and the county shall also have like power and jurisdiction over the use of any public roads, boulevards, or parkways within such parks and running over or through or between such lands and any public roads, boulevards, or parkways between any such parks or pleasure ground and its county boundaries.

(Building and Zoning Regulations)

(40)  Planning and zoning.  To exercise the powers of planning and zoning

pursuant to the provisions of article 28 of this title;

(Condemnation Powers)

(41)  Streets and sewers.  To extend, by condemnation or otherwise, any

road, street, alley, or highway, over or across, or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company, within the county jurisdiction, but, where no compensation is made to such railroad company, the county shall restore such railroad track, right-of-way, or land to its former condition or in a sufficient manner not to have impaired its usefulness;

(42)  Public transportation - rights-of-way.  To grant the use of, or right to

lay down, any railroad track in any road or street of the county to any public transportation company;

(43)  Utilities.  To condemn and appropriate so much private property as shall

be necessary for the construction and operation of sewers in such manner as may be prescribed by law;

(Ordinance Power)

(44)  Power and penalties.  To pass all ordinances and rules and make all

regulations proper or necessary to carry into effect the powers granted to home rule counties, with such fines and penalties as the governing body shall deem proper, but no fine or penalty shall exceed three hundred dollars, and no imprisonment shall exceed ninety days for one offense;

(45)  Enforcement.  To enact and provide for the enforcement of all county

ordinances necessary to protect life, health, and property; to prevent and remove nuisances defined by statute and upon complaint to the district attorney; to preserve the general welfare, order, and security of the county and its inhabitants;

(46)  Parking - facilities.  To provide, by ordinance, for the construction,

maintenance, and operation of public parking facilities, buildings, stations, or lots by the county and to pay for the cost thereof by general tax levy or otherwise or by the issuance of bonds of the county, which bonds may be retired by revenues assessed and collected as rentals, fees, or charges from the operation of such facilities or from parking meter rentals or charges.

Source: L. 81: Entire article added, p. 1462, � 1, effective June 8. L. 91: (12.5)

added, p. 733, � 5, effective May 1. L. 94: (21)(a) amended, p. 2801, � 563, effective July 1.

C.R.S. § 31-15-605

31-15-605. Single exit in multifamily residential structure - report - definition - repeal. (1) Subject to the conditions set forth in subsections (2), (3), and (5) of this section and notwithstanding any other provision of law, on or before December 1, 2027, the governing body of a subject jurisdiction shall adopt a building code, or amend the subject jurisdiction's existing building code, to allow a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as that building:

(a)  Is constructed of materials that satisfy international building code type I,

type II, or type IV construction standards;

(b)  Is protected throughout, including at each landing of the exit stairway,

with an automatic sprinkler system that is designed and installed in accordance with the international building code;

(c)  Has no more than twenty feet of travel to the exit stairway from the exit

or entry door of any dwelling unit;

(d)  Has no more than one hundred twenty-five feet of travel to the exit

stairway from any point in a dwelling unit;

(e)  Except as provided in subsection (1)(f) of this section, does not have a

floor with a square footage greater than four thousand feet and has an exit stairway that is at least forty-eight inches wide;

(f)  Does not have a floor with a square footage greater than six thousand

feet and has an exit stairway whose width is equal to or greater than a number of inches that is in the same ratio to forty-eight as the square footage of the floor is to four thousand but that is less than fifty-four inches;

(g)  Has no more than four dwelling units per story;


(h)  Only has openings to the exit stairway enclosure that allow exit access

from normally occupied spaces, exit access from the exit stairway enclosure to another protected exit component, and access to the exterior from the exit stairway enclosure;

(i)  Is fully protected throughout all common areas with smoke detection in

accordance with the National Fire Protection Association's standard 72, known as the National Fire Alarm and Signaling Code, and the international fire code;

(j)  Does not have electrical receptacles in an exit stairway enclosure;


(k)  Does not have publicly accessible electrical receptacles in corridors

between dwelling units and the exit stairway;

(l)  Has, in accordance with the international building code, an emergency

escape and rescue opening on every floor;

(m)  Has an exit stairway that is constructed in accordance with the

international building code;

(n)  Has a fire-resistant box that contains keys to access the building and the

dwelling units in the building, is accessible to relevant firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;

(o)  Has an exit stairway that is protected with two-hour fire-rated stair

construction regardless of construction type;

(p)  Has an exit stairway that is wide enough to allow simultaneous ingress

and egress;

(q)  Has passive and active fire protection features in occupiable spaces

throughout the building, including individual dwelling units, that are periodically inspected and maintained by a third party approved by the subject jurisdiction;

(r)  Has corridors that all have a minimum of one hour of fire resistance, in

accordance with the international building code;

(s)  Has elevator and exit stairway enclosures that all have smoke control

systems, in accordance with the international fire code;

(t)  Has elevators that are all within two-hour shaft enclosures, in accordance

with the international building code;

(u)  Does not allow storage, including the storage of deliveries, trash, and

recycling, within the space between dwelling unit doors and the exit stairway; and

(v)  Does not have more than one story below grade plane.


(2)  To satisfy the requirements of subsection (1) of this section, the

governing board of a subject jurisdiction may incorporate by reference, or adapt and adopt into the subject jurisdiction's building code, language from a portion of an existing building code of any other American jurisdiction that allows a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as the incorporated, adapted, or adopted language would satisfy the requirements of this section.

(3)  A subject jurisdiction shall coordinate with the applicable fire protection

district, fire department, or fire authority to ensure, in accordance with standards established in the international building code and international fire code, that, for a building that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Aerial apparatus of the applicable fire protection district, fire

department, or fire authority can reach the highest point of the building;

(b)  The site design allows for direct vertical access to the roofline and all

upper floors from at least one of the required aerial access sides using an aerial apparatus deployed from ground level; and

(c)  The site design provides unobstructed aerial apparatus access

deployment or positioning.

(4)  In addition to the requirements described in subsection (1) of this section,

if a building has been constructed with a single exit, the building's landlord, manager, or owner shall conduct inspections of the building's dwelling units, in addition to third-party inspections, and permission for the inspections shall be included in the lease agreements for each dwelling unit.

(5)  If a fire protection district or fire department does not serve an entire

subject jurisdiction, the governing board of that subject jurisdiction may satisfy the requirements of subsection (1) of this section by adopting or amending the subject jurisdiction's existing building code insofar as it applies only to the portion of the subject jurisdiction that is served by a single fire protection district or fire department.

(6)  The adoption of a building code, or the amendment of a subject

jurisdiction's existing building code, by the governing body of a subject jurisdiction to comply with subsection (1) of this section, is not adopting or enforcing a building code for purposes of determining whether a governing body of a municipality is required to adopt and enforce an energy code pursuant to section 31-15-602.

(7)  A subject jurisdiction shall include the local International Association of

Fire Fighter's affiliate, if one exists, within the subject jurisdiction's jurisdiction and the Colorado Professional Fire Fighters Association on the list of persons to provide notice of meetings pursuant to section 24-6-402 (7) with respect to the discussion of adopting or amending a building code pursuant to subsection (1) of this section.

(8)  Nothing in this section requires the governing body of a subject

jurisdiction to amend a subject jurisdiction's zoning code with respect to multifamily residential housing.

(9)  Nothing in this section prevents a subject jurisdiction, fire protection

district, fire department, or fire authority from applying and enforcing a locally adopted life safety code. A locally adopted life safety code may include, but is not limited to, standards governing emergency vehicle site access, fire hydrant spacing, and landscape clearance.

(10)  A subject jurisdiction shall ensure that a building that serves no more

than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Retains its legal occupancy status, even if a future building code adopted

by the subject jurisdiction would disallow the construction of that building; and

(b)  If that building is damaged or destroyed, the subject jurisdiction shall

allow the building to be rebuilt according to the same standards that were in place when the subject jurisdiction issued the original construction permit for the building; except that:

(I)  The building shall satisfy standards established by the federal Americans

with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.;

(II)  Any alteration to the building that constitutes a substantial improvement

under the national flood insurance program established in 42 U.S.C. sec. 4001 et seq., shall comply with current requirements of the national flood insurance program;

(III)  Any structural modifications to the building must comply with structural

design load and safety requirements in the applicable building code; and

(IV)  The reconstruction of the building must comply with state or local

building codes that enhance health, safety, welfare, or energy efficiency.

(11) (a)  On or before December 1, 2028, and each December 1 thereafter, a

subject jurisdiction shall report to the state demography office in the department of local affairs, in a form and manner determined by the state demography office, concerning the previous twelve months:

(I)  The number of permits that the subject jurisdiction issued for the

construction of buildings with a single exit that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section; and

(II)  For each building that the subject jurisdiction issued a permit as

described in subsection (10)(a)(I) of this section:

(A)  The number of dwelling units in the building;


(B)  The number of stories that the building has;


(C)  The gross building area; and


(D)  The total number of emergency incidents, including fire and medical

calls, that occurred, as reported by the relevant emergency dispatch center.

(b) (I)  Prior to January 2032, the department of local affairs shall consult with

the Colorado Professional Fire Fighters Association concerning the implementation of this section.

(II)  In January 2032, the department of local affairs shall include, as part of

its presentation during its SMART Act hearing required by section 2-7-203, information concerning the implementation of this section.

(12)  Nothing in this section prevents a governing body of a subject

jurisdiction from allowing any type of building with group r-2 occupancy to be served by a single exit in accordance with an edition of the international building code published by the International Code Council on or after January 1, 2027.

(13)  Nothing in this section prevents the governing body of a subject

jurisdiction from applying sections of the international building code, the international fire code, referenced standards, and other ordinances or laws not specifically referenced in this section to a building served by single exit.

(14)  As used in this section, unless the context otherwise requires:


(a)  Dwelling unit means a single unit providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(b)  Group r-2 occupancy means a residential occupancy containing

sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.

(c)  International building code means the most current edition of the

international building code published by the International Code Council.

(d)  International fire code means the most current edition of the

international fire code published by the International Code Council.

(e)  Subject jurisdiction means a municipality:


(I)  With a population of one hundred thousand or greater; and


(II)  That is served by a fire protection district, fire department, or fire

authority that has been accredited by the Commission on Fire Accreditation International, even if the fire protection district, fire department, or fire authority later loses that accreditation, and that meets the aerial apparatus requirements for the fire protection district's, fire department's, or fire authority's Insurance Services Office public protection classification rating.

(f)  Two-hour fire-rated stair construction means continuous wall, floor, or

roof assemblies enclosing a stairway that are designed to restrict the spread of fire, excessive heat, or hot gases, such that the construction continues to perform its structural function for at least two hours as determined by test procedures set forth in American Society for Testing and Materials standard E-119, Underwriters Laboratories standard 263, or other methods approved by the relevant subject jurisdiction.

(15)  This section is repealed, effective July 1, 2037.


Source: L. 2025: Entire section added, (HB 25-1273), ch. 188, p. 831, � 2,

effective May 13.

Cross references: For the legislative declaration in HB 25-1273, see section 1

of chapter 188, Session Laws of Colorado 2025.

PART 7

PUBLIC PROPERTY AND IMPROVEMENTS

C.R.S. § 31-25-1203

31-25-1203. Definitions. As used in this part 12, unless the context otherwise requires:

(1)  Board means the board of directors of a business improvement district.


(2)  Commercial property means any taxable real or personal property

which is not classified for property tax purposes as either residential or agricultural.

(3)  District means a business improvement district formed by a

municipality pursuant to this part 12.

(4) (a)  Elector means a natural person who is a citizen of the United States

and a resident of the State of Colorado, who is eighteen years of age or older, and who:

(I)  Makes his primary dwelling place in the district; or


(II)  Owns taxable real or personal property within the boundaries of the

district; or

(III)  Is the holder of a leasehold interest in taxable real or personal property

within the boundaries of the district; or

(IV)  Is the natural person designated by an owner or lessee of taxable real or

personal property in the district which is not a natural person to vote for such owner or lessee. Such designation must be in writing and filed with the secretary of the district. Only one such person may be designated by an owner or lessee.

(b)  Nothing in this subsection (4) shall permit an elector to cast more than

one vote.

(5)  Improvements means public improvements, including but not limited to

streets, sidewalks, curbs, gutters, pedestrian malls, streetlights, drainage facilities, landscaping, decorative structures, statuaries, fountains, identification signs, traffic safety devices, bicycle paths, off-street parking facilities, benches, rest rooms, information booths, public meeting facilities, and all necessary, incidental, and appurtenant structures and improvements. Improvements also includes the relocation and improvement of existing utility lines.

(6)  Net effective interest rate means the net interest cost of securities

divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(7)  Net interest cost means the total amount of interest to accrue on

securities from their date to their respective maturities, less the amount of any premium above par, or plus the amount of any discount below par, at which said bonds are being or have been sold. In all cases, net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(8)  Operating plan means the operating plan approved by the municipality

pursuant to section 31-25-1211.

(9)  Publication has the same meaning as that set forth in section 32-1-103

(15), C.R.S.

(10)  Service area means the area within the municipality which is described

in the ordinance creating a district pursuant to this part 12, no less than fifty percent of which area shall have been developed and used as commercial property prior to the adoption of such ordinance and, at the time of the adoption of such ordinance, shall be used primarily as commercial property. Notwithstanding any provision in this subsection (10) to the contrary, the service area may include a location designated by the municipality, after public notice and hearing, as a location for new business or commercial development. Property which is not commercial property and which is within the service area of a district shall not be subject to the revenue-raising powers of the district until it becomes commercial property and is included within the district's boundaries, as provided in section 31-25-1208.

(11)  Services means the services described in section 31-25-1212 (1)(f).


Source: L. 88: Entire part added, p. 1128, � 1, effective May 6. L. 91: (10)

amended, p. 758, � 1, effective May 20.

Editor's note: Section 9 of chapter 128, Session Laws of Colorado 1991,

provides that section 1 of the act amending subsection (10) does not apply to any business improvement district formed prior to May 20, 1991, pursuant to part 12 of article 25 of title 31, unless the board of directors of such district adopts a resolution directing that said section 1 applies to such district.

C.R.S. § 31-25-211

31-25-211. Superintendent of parks - assistants - salaries. The commission may appoint a superintendent of parks who shall be a practical landscape gardener who, under the direction of the commission, shall have active charge, control, and direction of all the parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads which are under the control of the commission and who shall perform such other duties as may be prescribed by the commission, with such other assistants and at such salaries payable out of the park fund as may be authorized by the commission, with the approval of the mayor.

Source: L. 75: Entire title R&RE, p. 1177, � 1, effective July 1.


Editor's note: This section is similar to former � 31-25-207 as it existed prior

to 1975.

C.R.S. § 31-25-403

31-25-403. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Improvements means improvements of any kind or nature necessary or

convenient to the operation of municipal streets as a pedestrian mall, including but not limited to paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, ponds, lakes, vehicular parking areas, retaining walls, landscaping, tree planting, statuaries, fountains, commercial buildings and facilities, decorative structures, benches, rest rooms, child care facilities, display facilities, information booths, public assembly facilities, and other structures, works, or improvements necessary or convenient to serve members of the public using such pedestrian mall and including the reconstruction or relocation of existing municipally-owned works, improvements, or facilities on such municipal streets.

(2)  Intersecting street means any street which meets or crosses a

pedestrian mall at a mall intersection but includes only those portions thereof on either side of a mall intersection which lie between the mall intersection and the first intersection of the intersecting street with a municipal street or highway open to vehicular traffic. If any portion of a pedestrian mall terminates on a street at a place thereon other than a place of intersection with a municipal street or state highway open to vehicular traffic, intersecting street also includes that portion of any street which lies between such place of termination and the first intersection of such street with a municipal street or state highway open to vehicular traffic. Intersecting street also includes any other street or portion thereof which the governing body, in a measure duly adopted as provided in this part 4, declares to be such.

(3)  Mall intersection means any intersection of a municipal street which

constitutes a part of a pedestrian mall with any other street, which intersection is itself part of the pedestrian mall.

(4)  Municipal street means a street which exists within the municipal

boundaries of a municipality except those designated as state highways by a duly constituted authority. If a state highway is contemplated to be used as part of a pedestrian mall, the transportation commission is authorized to remove the classification of a state highway from such part to be used as a pedestrian mall and to cede complete jurisdiction to the municipality by resolution duly adopted if it is satisfied that satisfactory provisions for the routing of traffic through the municipality can be provided by an alternate route or that the part of the state highway proposed for a pedestrian mall is no longer necessary for state highway purposes.

(5)  Public mall, referred to in this part 4 as pedestrian mall, means one or

more municipal streets or portions thereof on which vehicular traffic is or is to be restricted in whole or in part and which is or is to be used exclusively or primarily for pedestrian travel, although such mall may have other improvements constructed upon it for appearance and utility.

(6)  Streets, as used in the definitions of the terms municipal street, mall

intersection, and intersecting street in this section, means any public street, road, highway, alley, lane, sidewalk, right-of-way, court, way, or place of any nature open to the use of the public and held by the public for street and road purposes, whether the same was acquired in fee or by grant of dedication or easement or by adverse use.

Source: L. 75: Entire title R&RE, p. 1182, � 1, effective July 1. L. 91: (4)

amended, p. 1069, � 42, effective July 1.

Editor's note: This section is similar to former � 31-25-403 as it existed prior

to 1975.

C.R.S. § 31-35-401

31-35-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Consumer means any public or private user of water facilities or

sewerage facilities or both.

(2)  Governing body means the body which is in charge of the municipality's

water or sanitation facilities, whether or not the same is a governing body as defined in part 1 of article 1 of this title.

(3)  Joint system or joint water and sewer system means water facilities

and sewerage facilities combined, operated, and maintained as a single public utility and income-producing project.

(4)  Municipality means a municipality as defined in part 1 of article 1 of this

title and includes any quasi-municipal corporation formed principally to acquire, operate, and maintain water facilities or sewerage facilities or both.

(5)  Net effective interest rate of a proposed issue of bonds means the net

interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities. Net interest cost of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date of issuance to their respective maturities plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(6)  Sewerage facilities means any one or more of the various devices used

in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature or storm, flood, or surface drainage waters, including all inlets; collection, drainage, or disposal lines; intercepting sewers; joint storm and sanitary sewers; sewage disposal plants; outfall sewers; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such sewerage facilities.

(7)  Water facilities means any one or more works and improvements used

in and as a part of the collection, treatment, or distribution of water for the beneficial uses and purposes for which the water has been or may be appropriated, including, but not limited to, uses for domestic, municipal, irrigation, power, and industrial purposes and including construction, operation, and maintenance of a system of raw and clear water and distribution storage reservoirs, deep and shallow wells, pumping, ventilating, and gauging stations, inlets, tunnels, flumes, conduits, canals, collection, transmission, and distribution lines, infiltration galleries, hydrants, meters, filtration and treatment plants and works, power plants, all pumping, power, and other equipment and appurtenances, all extensions, improvements, remodeling, additions, and alterations thereof, and any and all rights or interests in such works and improvements; but, no municipality shall construct or acquire facilities for the sale of electric energy or power, except hydroelectric energy or power for sale at wholesale only, without complying with the provisions of section 31-15-707.

Source: L. 75: Entire title R&RE, p. 1250, � 1, effective July 1. L. 81: (7)

amended, p. 1540, � 1, effective May 18.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

C.R.S. § 32-1-1002

32-1-1002. Fire protection districts - additional powers and duties - definitions - vegetative fuel removal - rules. (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:

(a)  To acquire, dispose of, or encumber fire stations, fire protection and fire

fighting equipment, and any interest therein, including leases and easements;

(b)  To have and exercise the power of eminent domain and dominant eminent

domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district;

(c)  To undertake and to operate as a part of the duties of the fire protection

district an ambulance service, an emergency medical service, a rescue unit, and a diving and grappling service;

(d)  To adopt and enforce fire codes, as the board deems necessary, but no

such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the fire protection district's boundaries; except that nothing in this subsection (1)(d) shall be construed to affect any fire codes existing on June 30, 1981, that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(d.5) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(d.5) must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(d.5), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(d.5) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(d.5). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(d.5) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(d.5). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(d.5) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(d.5):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, a fire protection district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the fire protection district.

(e)  In addition to all other fees and charges allowed by this article 1, to fix

and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:

(I)  For ambulance or emergency medical services and extrication, rescue, or

safety services provided in furtherance of ambulance or emergency medical services. Extrication, rescue, or safety services includes but is not limited to any:

(A)  Services provided prior to the arrival of an ambulance;


(B)  Rescue or extrication of trapped or injured parties at the scene of a motor

vehicle accident; and

(C)  Lane safety or blocking provided by district equipment.


(II)  For requested or mandated inspections if a fire code is in existence on

June 30, 1981, as specified in paragraph (d) of this subsection (1) or has been adopted thereafter pursuant to said paragraph (d);

(III)  For requested inspections if a fire code has been adopted by the board of

the fire protection district, whether or not the code has been adopted by a municipality or county pursuant to paragraph (d) of this subsection (1);

(f)  In areas of the special district where the county or municipality has

rejected the adoption of a fire code submitted by the fire protection district, to compel the owners of premises, whenever necessary for the protection of public safety, to install fire escapes, fire installations, fireproofing, automatic or other fire alarm apparatus, fire extinguishing equipment, and other safety devices. This paragraph (f) shall not apply when a valid ordinance providing for fire safety standards, pursuant to section 30-15-401.5, C.R.S., is in effect.

(g)  To create and maintain a paid firefighters' pension fund, under the

provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.;

(h)  To establish, in its discretion, a system of civil service in the fire

protection district to cover its paid employees who are directly employed by the fire protection district as full-time paid firefighters in accordance with the provisions of subsection (2) of this section;

(i) (I)  A fire protection district may establish, in its discretion, a program to

require the removal of vegetative fuel from privately owned real property within the boundaries of the district, and a fire protection district that establishes a program shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A fire protection district shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(II)  A fire protection district that establishes a program pursuant to section

(1)(i)(I) of this section may assess a fine against an owner or occupier of privately owned real property containing vegetative fuel only in accordance with this subsection (1)(i)(II). An incident covers all vegetative fuel on a property. For each incident of vegetative fuel on a property, a fire protection district must provide to an owner and occupier of the privately owned real property written notice of the requirement to remove vegetative fuel from a property and the amount of a potential fine, and information on possible funding or grant programs to assist owners or occupiers about effective vegetative fuel mitigation, including the Colorado wildfire resilient homes grant, the forest restoration and wildfire risk mitigation grant program, or any other local or state program about effective vegetative fuel mitigation. At least fourteen days after providing a first notice, if the vegetative fuel has not been removed, a district may provide a second written notice to the owner and occupier containing the same information. At least fourteen days after providing a second notice, if the vegetative fuel has not been removed, a district may assess a fine against the owner or occupier by providing written notice of the fine to the owner and occupier by certified mail. The amount of a fine must be approximately equal to the cost of removal of the vegetative fuel on the property and must not exceed two hundred dollars per property per incident. An owner or occupier is not subject to more than one fine for the same incident. The sum of all fines assessed against a single property must not exceed one thousand two hundred dollars. A fine is waived if the owner or occupier removes or causes the removal of the vegetative fuel within fourteen days of receiving notice of an assessment of a fine. A fire protection district may not access any privately owned real property pursuant to this subsection (1)(i)(II) without the written permission of the owner or occupier of the property. An owner or occupier is not liable to a fire protection district for damages to fire protection district personnel or equipment occurring on the privately owned real property while fire protection district personnel or equipment are present on the property to carry out the purposes of this section. A fire protection district may not use a drone to discover vegetative fuel on a property or to administer or enforce this subsection (1)(i).

(III)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section must use the money collected from a fine assessed pursuant to this section only to remove vegetative fuel on private real property within the district's jurisdiction. A fire protection district must prioritize use of the money to assist a low-income owner or occupier, a senior owner or occupier, or an owner or occupier with a disability to remove vegetative fuel from the owner or occupier's property.

(IV)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall establish a process for a person that owns or occupies property that is subject to a fine imposed by the fire protection district pursuant to subsection (1)(i)(II) of this section to file an objection to the fine with the district's board. A district's board may waive the fine in all or in part, in its discretion, if it determines that:

(A)  The fine was not assessed in compliance with subsection (1)(i)(II) of this

section;

(B)  The owner or occupier filing an objection is financially unable to pay all or

a portion of the fine;

(C)  An owner or occupier against which a fine was assessed has removed or

caused the removal of the vegetative fuel after the assessment of the fine; or

(D)  A waiver is appropriate under the circumstances.


(V)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section may cause a delinquent charge made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by title 31.

(VI)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall adopt rules and policies after a public hearing, public notice, and the allowance of public comment to implement this subsection (1)(i) and shall post the adopted rules and policies on the district's website, on social media operated by the district, and in a local newspaper of general circulation. A program established pursuant to subsection (1)(i)(I) of this section may only be effective thirty days or more after posting of the adopted rules and policies on the district's website. As part of the adopted rules and policies, a fire protection district shall designate an individual to oversee and manage the program.

(VII)  A fire protection district may waive a fine for delays due to weather or

upon a petition for a time extension from an owner or occupier if an owner or occupier has undertaken good faith efforts to remove the vegetative fuel, at the discretion of the fire protection district. Good faith efforts include documentation from an arborist or licensed professional landscape architect that states when the arborist or licensed professional landscape architect will be able to mitigate the vegetative fuel on a property and the cost of the mitigation. A fire protection district shall grant a time extension to mitigate or pay a fine assessed against the owner or occupier of the property for:

(A)  No longer than three months if the cost to mitigate exceeds one

thousand dollars and is less than two thousand five hundred dollars;

(B)  No longer than six months if the cost to mitigate equals or exceeds two

thousand five hundred dollars and is less than five thousand dollars;

(C)  No longer than nine months if the cost to mitigate equals or exceeds five

thousand dollars and is less than ten thousand dollars; or

(D)  No longer than one year if the cost to mitigate equals or exceeds ten

thousand dollars.

(2) (a)  A fire protection district's civil service system shall not cover

employees of a fire department that renders fire protection service to the fire protection district under contract. The question of establishing a system of civil service shall be submitted at any regular special district election or special election of the fire protection district and shall not become effective unless approved as required for authorization of indebtedness. In establishing a system of civil service, the board may provide for the exclusion of supervisory and administrative personnel from the system. The board shall appropriate such funds as are necessary for the regular special district election or special election from the general funds of the fire protection district, and the election shall be held and conducted as provided in articles 1 to 13.5 of title 1, C.R.S.

(b) (I) (A)  Except as provided in sub-subparagraph (B) of this subparagraph

(I), the board of any fire protection district establishing a system of civil service for its paid employees may appoint three electors residing in the district to serve as a civil service committee, referred to in this subsection (2) as the committee. Of those initially appointed, one member of the committee shall be appointed for a term of two years, one for four years, and one for six years; thereafter, each member shall be appointed for a term of six years.

(B)  When two or more fire protection districts having established civil service

systems consolidate into a single consolidated district pursuant to section 32-1-602, the civil service committee of each of the consolidating districts shall dissolve, and the board of directors of the consolidated district shall appoint at least three but no more than nine members to serve on the civil service committee of the consolidated district. Of those initially appointed, three of the members of the civil service committee of the consolidated district shall serve staggered terms pursuant to sub-subparagraph (A) of this subparagraph (I), and the board shall appoint any other member for a term of six years. Thereafter, each member shall be appointed for a term of six years.

(C)  Any member may be appointed to succeed himself or herself. No paid

firefighter employed by the fire protection district may be a member of the committee. The members of the committee shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the discharge of their duties.

(D)  The board of directors of any fire protection district consolidated prior to

July 1, 1996, may expand, by appointment, the membership of its established civil service committee to no more than nine members pursuant to sub-subparagraph (B) of this subparagraph (I). The board shall appoint such members for a term of six years.

(II)  The committee shall elect from among its members a president. The

secretary of the board shall serve as the secretary of the committee but shall have no vote on the committee. The secretary shall keep a record of the minutes of all proceedings of the committee in a bound book separate and apart from the records of the board. The secretary is the only member of the board who may be a member of the committee.

(III)  Any member of the committee may be discharged by the board for

cause, but only after affording the member the right to a public hearing at which the member may be represented by counsel. Vacancies in office on the committee shall be filled according to the provisions of section 1-12-207, C.R.S.

(IV)  The attorney for the board shall act as legal advisor to the committee,

but at all hearings before the committee involving a firefighter, such firefighter may be represented by counsel.

(c)  The committee shall:


(I)  Establish standards for employment and termination of employment,

including minimum conditions of employment for applicants for appointment and promotion, which shall assure that such applicants shall be of good moral character and physically, mentally, and emotionally capable of performing arduous duties, eighteen years of age or older, graduates of a high school or the equivalent thereof, citizens of the United States, and residents of the state of Colorado. In establishing standards concerning a person's character, the committee shall be governed by the provisions of section 24-5-101, C.R.S.

(II)  Recruit applicants for employment; formulate and hold competitive

examinations, or cause the same to be done, in order to determine the relative qualifications of persons seeking employment in any class or position as a firefighter; and formulate and hold promotional examinations for firefighters within the fire department of the fire protection district, or cause the same to be done;

(III)  Certify to the board, as a result of such examinations, lists of qualified

applicants for the various classes of positions who successfully completed such examinations;

(IV)  Determine that any examination held pursuant to subparagraph (II) or (III)

of this paragraph (c) is practical and consists only of subjects which will fairly determine the capacity of persons examined to perform duties of the position sought, including, but not limited to, tests of physical fitness and manual skill;

(V)  When a vacant position is to be filled, certify to the board, upon written

request of the board, the names of the three persons highest on the eligible list for that position or the applicable classification; but if less than three persons are on such list, then all the names shall be certified to the board. If there are no such lists, the committee shall authorize provisional or temporary appointment lists for such position or applicable classification.

(d)  The committee, from time to time, may make, amend, and repeal bylaws

and rules and regulations necessary to administer the provisions of this subsection (2).

(e)  Disciplinary action against any firefighter may be instituted by the chief

of the fire protection district, and a hearing thereon, after reasonable notice, shall be afforded to the firefighter concerned, at which hearing the firefighter may be represented by counsel of his or her choice at his or her expense. Such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. Any firefighter aggrieved by the decision of the board may obtain review thereof by appeal to the committee, and on such review the firefighter may be represented by counsel of his or her choice at his or her expense.

(f)  The committee shall hear all complaints involving alleged injustice,

wrongful discharge, and other violations of the rules and regulations of the committee and shall hear all appeals from decisions of the board on disciplinary actions pursuant to paragraph (e) of this subsection (2). All such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. The decision of the committee shall be final and shall not be set aside except by the committee or by a court of competent jurisdiction. Judicial review of any decision of the committee may be had in the same manner as prescribed in section 24-4-106, C.R.S.

(g)  The board, if requested by the committee, may contract with any

municipal or state agency for the purpose of conducting examinations for original appointment or for promotion, or for any other purpose in connection with the selection or administration of personnel.

(h)  The firefighters of any fire protection district in good standing at the time

of the establishment of said civil service system shall continue in their employment and rank, shall be automatically included in the civil service system, and shall be promoted or discharged in accordance with the provisions of the civil service rules and regulations; except that the office of fire chief shall be excluded from such civil service system. The board shall make provision for tenure of the fire chief, and the committee shall implement the same by appropriate rules and regulations.

(i)  Any fire protection district which has established a system of civil service

for its paid employees pursuant to this section shall not terminate the system unless the question of termination is submitted at an election. The election shall be conducted pursuant to articles 1 to 13.5 of title 1, C.R.S.

(j)  The board shall appropriate annually, by resolution, to the committee

sufficient funds to administer the provisions of this subsection (2).

(k)  If any county assumes countywide responsibility for fire protection or any

board of county commissioners becomes the board of a fire protection district and adopts a countywide merit, civil service, or career service system, any civil service system established under the provision of this subsection (2) shall be dissolved and merged with such countywide system, including all employees' benefits, rights, liabilities, and duties accrued or incurred under this subsection (2), and the same shall be continued following such merger.

(3) (a)  The chief of the fire department in each fire protection district in the

state of Colorado, by virtue of the office held by the chief, shall have authority over the supervision of all fires within the district; except that responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire that exceeds the capabilities of the district to control or extinguish shall be transferred to the county sheriff in accordance with section 30-10-513, subject to the duties and obligations imposed by this subsection (3) and subject to the provisions of any relevant plans or agreements. The chief is vested with the other express authority contained in this subsection (3), including commanding the fire department of such district.

(b)  The chief of the fire department in each fire protection district shall:


(I)  Enforce all laws of this state and ordinances and resolutions of the

appropriate political subdivisions relating to the prevention of fires and the suppression of arson;

(II) (A)  Inspect, or cause to be inspected by members or officers of his

department, as often as he shall deem necessary, all buildings, premises, and public places, except the interior of any private dwelling, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or for the purpose of obtaining information relative to the violation of the various provisions of this subsection (3). Any individual conducting such inspection shall carry on his person properly authorized fire department identification which shall be shown, on request, to the owner, lessee, agent, or occupant of any structure prior to the inspection of the same.

(B)  The chief of any such fire department or fire department members

designated by the chief have the authority to enter into all structures and upon all premises within their respective jurisdictions at reasonable times during business hours or such times as such structures or premises are open for the purpose of examination in conformity with the duties imposed by this subsection (3), and it is unlawful for any person to interfere with the chief of any such fire department, or any member of such fire department designated by the chief to conduct an inspection, in the discharge of his duties or to hinder or prevent him from entering into or upon or from inspecting any buildings, establishments, enclosures, or premises in the discharge of his duties.

(III)  Include, as part of the inspections required by subparagraph (II) of this

paragraph (b), all of the following:

(A)  An inspection of all buildings and enclosures to see that proper

receptacles for ashes are provided, to cause all rubbish or other inflammable material to be properly removed or disposed of, and to make such suggestions and issue such orders to the owners or occupants of buildings as, in the opinion of such inspecting officer, will render the same safe from fire;

(B)  An inspection of the surroundings of boilers and other heating apparatus

in any building to ascertain whether all woodwork is properly protected and that no rubbish or combustible material is allowed to accumulate;

(C)  An inspection of fire escapes and stairways to cause the removal of all

obstructions therefrom and of all places where explosives or inflammable compounds are sold or stored;

(D)  An inspection of the construction, placing, repair, and control of all fire

escapes, standpipes, pressure tanks, fire doors, fire shutters, fire lines, fire hose, sprinkling systems, exit lights, and exit signs and a review of the installation and testing of fire equipment in all buildings and places requiring such equipment and of the provisions for means of escape or protection against loss of life and property from fire in such buildings and places;

(IV)  Enforce, within his respective jurisdiction, all laws of this state and

ordinances and resolutions of any appropriate political subdivision pertaining to the keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosive or inflammable liquids or compounds, tablets, torpedoes, or any explosives of a like nature, or any other explosive, including fireworks and firecrackers, and such chief may prescribe the materials and construction of receptacles to be used for the storage of any of said items; but authorization for enforcement of the provisions of this subsection (3) does not extend to the production, transportation, or storage of inflammable liquids as regulated by articles 20 and 20.5 of title 8 and title 34, C.R.S.;

(V)  Investigate or cause to be investigated the cause, origin, and

circumstance of every fire occurring within his jurisdiction by which property is destroyed or damaged and, so far as is possible, determine whether the fire was the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of the fire, and if, after such investigation, the chief is of the opinion that the facts in relation to such fire indicate that a crime has been committed, he shall present the facts of such investigation and the testimony taken from any person involved, together with any other data in his possession, to the district attorney of the proper county, with his request that the district attorney institute such criminal proceedings as the investigation, testimony, or data may warrant. It is the duty of the district attorney upon such request to assist in such further investigation as may be required.

(c)  Whenever any chief, or any designated member of a fire department,

finds, through inspection procedures as outlined in subparagraph (II) or (III) of paragraph (b) of this subsection (3), any building or other structure which, for want of repair of or lack of or insufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment as may be required by law or for reasons of age, dilapidated condition, or any other cause, is especially liable to fire or is hazardous to the safety of the occupants thereof and which is so situated as to endanger other property, and whenever such officer finds in any building combustible or explosive matter or inflammable conditions, dangerous to the safety of such building or its occupants, the chief shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner, lessee, agent, or occupant of such premises or buildings. Any such owner, lessee, agent, or occupant who feels himself aggrieved by any such order may file, within five days after the making of any such order, a petition with the district court of the county in which such premises or building is located, requesting a review of such order, and it is the duty of such court to hear the same at the first convenient day and to make such order in the premises as justice may require, and such decision shall be final.

(d)  Any owner, lessee, agent, or occupant of any building or premises

maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this subsection (3) shall be deemed to be maintaining a fire hazard. Any person who violates any provision of this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars. Each day in which such a violation occurs shall constitute a separate violation of this subsection (3).

(4) (a)  Within any fire protection district organized under the provisions of

this article, it is unlawful for any person:

(I)  To willfully or maliciously give, make, or cause to be given or made a false

alarm of fire, whether by the use of a fire alarm box, telephone call, or otherwise;

(II)  To willfully or maliciously disconnect, cut, or sever any wire of the fire

alarm telegraph or in any manner tamper with any part of such communication apparatus;

(III)  To aid, abet, knowingly permit, or participate in the commission of any

act prohibited by this paragraph (a).

(b)  Any person who violates any provision of this subsection (4) commits a

class 2 misdemeanor.

(c)  The provisions of paragraphs (a) and (b) of this subsection (4) shall not

limit the power of municipalities to enact ordinances covering the same or similar subject matter, but no person acquitted of, convicted of, or pleading guilty to a violation of a municipal ordinance shall be charged or tried in a state court for the same or a similar offense, and no person acquitted of, convicted of, or pleading guilty to a violation of paragraph (a) of this subsection (4) in a state court shall be charged or tried in a municipal court for the same or a similar offense.

(5)  The district attorney in the judicial district in which the special district

was organized shall prosecute any violation under subsection (3) or (4) of this section.

Source: L. 81: Entire article R&RE, p. 1591, � 1, effective July 1. L. 85: (1)(d) and

(1)(f) amended, p. 1062, � 2, effective July 1. L. 92: (2)(a), (2)(b)(III), and (2)(i) amended, p. 887, � 126, effective January 1, 1993. L. 95: (1)(g) amended, p. 1386, � 19, effective June 5; (3)(b)(IV) amended, p. 420, � 10, effective July 1. L. 96: (2)(b)(I) amended, p. 247, � 1, effective April 8; (1)(d) amended, p. 283, � 3, effective April 11; (1)(g) amended, p. 943, � 9, effective May 23. L. 97: (1)(h), (2)(b)(IV), (2)(c)(II), (2)(e), and (2)(h) amended, p. 1027, � 59, effective August 6. L. 2009: (3)(a) amended, (SB 09-020), ch. 189, p. 830, � 6, effective April 30; (1)(e)(I) amended, (HB 09-1041), ch. 415, p. 2291, � 1, effective August 5; (3)(a) amended, (SB 09-001), ch. 30, p. 128, � 6, effective August 5. L. 2010: (1)(e)(I)(B) amended, (HB 10-1095), ch. 23, p. 96, � 1, effective August 11. L. 2016: (1)(d.5) added, (HB 16-1088), ch. 259, p. 1061, � 4, effective June 8; (2)(a) and (2)(i) amended, (SB 16-189), ch. 210, p. 788, � 93, effective June 6. L. 2017: IP(1) and (1)(d) amended, (SB 17-222), ch. 245, p. 1028, � 7, effective August 9. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3257, � 545, effective March 1, 2022. L. 2024: (1)(d.5) and IP(1)(e) amended, (SB 24-194), ch. 230, p. 1413, � 3, effective August 7; (3)(a) amended, (HB 24-1155), ch. 48, p. 172, � 8, effective August 7. L. 2025: (1)(i) added, (HB 25-1009), ch. 42, p. 196, � 3, effective August 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (3)(a) by Senate Bill 09-001 and Senate Bill

09-020 were harmonized.

Cross references: (1)  For provisions in title 34 concerning storage of

flammable liquids as referred to in subsection (3)(b)(IV), see article 64 of title 34 concerning underground storage of natural gas.

(2)  For the legislative declaration contained in the 1995 act amending

subsection (1)(g), see section 1 of chapter 254, Session Laws of Colorado 1995. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

(3)  For the short title (Public Safety Fairness Act) in HB 16-1088, see

section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 32-1-1004

32-1-1004. Metropolitan districts - additional powers and duties. (1) In addition to the powers specified in section 32-1-1001, the board of any metropolitan district has the following powers for and on behalf of such district:

(a)  To enter into contracts with public utilities, cooperative electric

associations, and municipalities for the purpose of furnishing street lighting service;

(b)  To erect and maintain, in providing safety protection services, traffic and

safety controls and devices on streets and highways and at railroad crossings and to enter into agreements with the county or counties in which a metropolitan district is situate or with adjoining counties, the department of transportation, or railroad companies for the erection of such safety controls and devices and for the construction of underpasses or overpasses at railroad crossings;

(c)  To finance line extension charges for new telephone construction for the

purpose of furnishing telephone service exclusively in districts which have no property zoned or valued for assessment as residential;

(d)  To finance payment of incremental directional drilling costs for oil and

gas wells drilled within the greater Wattenberg area, as that term is defined in section 24-65.5-102, C.R.S;

(e)  A metropolitan district that provides fire protection services may

establish, in its discretion, a program to require the removal of vegetative fuel from privately owned real property within the boundaries of the district, as specified in section 32-1-1001 (1)(i) for fire protection districts, and a metropolitan district that provides fire protection services and that establishes a program pursuant to section 32-1-1001 (1)(i) shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A metropolitan district providing fire protection services shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(2)  A metropolitan district shall provide two or more of the following

services:

(a)  Fire protection as specified in section 32-1-103 (7);


(b)  Elimination and control of mosquitoes;


(c)  Parks or recreational facilities or programs as specified in section 32-1-103 (14);


(d)  Safety protection through traffic and safety controls and devices on

streets and highways and at railroad crossings;

(e)  Sanitation services as specified in section 32-1-103 (18);


(f)  Street improvement through the construction and installation of curbs,

gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements;

(g)  Establishment and maintenance of television relay and translator

facilities;

(h)  Transportation as specified in subsection (5) of this section;


(i)  Water and sanitation services as specified in section 32-1-103 (18), (24),

and (25);

(j)  Water as specified in section 32-1-103 (25);


(k)  Solid waste disposal facilities or collection and transportation of solid

waste as specified in section 32-1-1006 (6) and (7).

(3)  Any metropolitan district providing services specified in paragraph (a), (c),

(e), (i), or (j) of subsection (2) of this section shall have all the duties, powers, and authority granted to a fire protection, park and recreation, sanitation, water and sanitation, or water district by this article, except as provided in subsection (4) of this section.

(4)  A metropolitan district may have and exercise the power of eminent

domain and dominant eminent domain and, in the manner provided by article 1 of title 38, may take any property necessary to the exercise of the powers granted, both within and without the special district, only for the purposes of fire protection, sanitation, street improvements, television relay and translator facilities, water, or water and sanitation, except for the acquisition of water rights, and, within the boundaries of the district, if the district is providing park and recreation services, only for the purpose of easements and rights-of-way for access to park and recreational facilities operated by the special district and only where no other access to such facilities exists or can be acquired by other means. A metropolitan district shall not exercise its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area.

(5)  The board of a metropolitan district has the power to establish, maintain,

and operate a system to transport the public by bus, rail, or any other means of conveyance, or any combination thereof, and may contract pursuant to part 2 of article 1 of title 29. The board of a metropolitan district may not establish, maintain, or operate such a system of transportation in a county, city, city and county, or any other political subdivision of the state empowered to provide a system of transportation except pursuant to a contract entered into pursuant to part 2 of article 1 of title 29. The board of a metropolitan district not originally organized as having the power granted in this subsection (5) may exercise its power upon compliance with part 2 of this article 1. Notwithstanding any other provision of this subsection (5), the board of a metropolitan district shall not exercise the power under this subsection (5) until approved by the district court in compliance with part 2 of this article 1 and unless authorized, at a regular special district election or a special election held and conducted pursuant to article 13.5 of title 1, by a majority of the eligible electors of the district voting on the question of whether the board should exercise such power. The board of a metropolitan district which exercises the power granted in this subsection (5) shall provide transportation services only in the county or counties within which the boundaries of the metropolitan district lie.

(6)  Notwithstanding anything in this article or any other law to the contrary:


(a)  A metropolitan district may be formed within any part of the area within

the regional transportation district, as described in section 32-9-106.1, for the single service of financing a system to transport the public by bus, guideway, or any other means of conveyance, or any combination thereof.

(b)  A district created pursuant to paragraph (a) of this subsection (6) may be

formed wholly or partly within an existing special district which provides or is authorized to provide the service of mass transportation if the improvements or facilities to be financed by such a district do not duplicate or interfere with any other improvements or facilities already constructed or planned to be constructed within the limits of the existing special district.

(c)  The intergovernmental contract required by subsection (5) of this section

shall not be required for such a district except where the county, city, or city and county or any other political subdivision of the state within which a system of transportation is to be financed is actually operating a system of transportation.

(d)  Except as specifically modified by this subsection (6), all other provisions

of this article shall apply to such a district.

(e)  In accordance with section 32-1-307 (1), no tract of land of forty acres or

more used primarily and zoned for agricultural uses shall be included in any metropolitan district providing parks or recreational facilities and programs that is organized under this article 1 without the written consent of the owners.

(7)  The board of a metropolitan district has the power to furnish security

services for any area within the special district. Such power may be exercised only after the district has provided written notification to, consulted with, and obtained the written consent of all local law enforcement agencies having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area. Any local law enforcement agency having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area may subsequently withdraw its consent after consultation with and providing written notice of the withdrawal to the board.

(8) (a)  The board of a metropolitan district has the power to furnish covenant

enforcement and design review services within the district if:

(I)  The governing body of the applicable master association or similar body

and the metropolitan district have entered into a contract to define the duties and responsibilities of each of the contracting parties, including the covenants that may be enforced by the district, and the covenant enforcement services of the district do not exceed the enforcement powers granted by the declaration, rules and regulations, or any similar document containing the covenants to be enforced; or

(II)  The declaration, rules and regulations, or any similar document

containing the covenants to be enforced for the area within the metropolitan district name the metropolitan district as the enforcement or design review entity.

(b)  The board of a metropolitan district shall have the power to furnish

covenant enforcement and design review services pursuant to this subsection (8) only if the revenues used to furnish such services are derived from the area in which the service is furnished.

(c)  Nothing in this subsection (8) shall be construed to authorize a

metropolitan district to enforce any covenant that has been determined to be unenforceable as a matter of law.

(d)  In furnishing covenant enforcement and design review services pursuant

to this subsection (8), the board of a metropolitan district shall comply with the procedural requirements set forth in section 32-1-1004.5.

(9)  Except as limited by the service plan of the district, the board of a

metropolitan district has the power to provide activities in support of business recruitment, management, and development within the district. A metropolitan district meeting the qualifications of this subsection (9) shall neither have nor exercise the power of eminent domain or dominant eminent domain for the purposes set forth in this subsection (9).

(10) (a)  In addition to the excise tax imposed pursuant to article 28.8 of title

39, a metropolitan district with boundaries entirely within the unincorporated area of a county is authorized to levy, collect, and enforce a metropolitan district excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility. Such excise tax must be calculated based on the average market rate of the unprocessed retail marijuana. The tax shall be imposed at the time when the retail marijuana cultivation facility first sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility.

(b)  If the boundaries of a metropolitan district are within a county that

imposes an additional excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility pursuant to section 29-2-114, the excise tax rate imposed by the metropolitan district pursuant to this subsection (10) shall not exceed such tax rate imposed by the county. In no event shall the tax rate imposed pursuant to this subsection (10) exceed five percent of the average market rate, as determined by the department of revenue pursuant to section 39-28.8-101 (1), of the unprocessed retail marijuana.

(c)  No excise tax shall be levied pursuant to the provisions of paragraph (a)

of this subsection (10) until the proposal has been referred to and approved by the eligible electors of the metropolitan district. Any proposal for the levy of an excise tax in accordance with paragraph (a) of this subsection (10) may be submitted to the eligible electors of the district at a regular special district election, on the date of the state general election, or on the first Tuesday in November of an odd-numbered year, and any election on the proposal must be conducted in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S.

(d)  Any retail marijuana excise tax imposed by a metropolitan district

pursuant to this subsection (10) shall not be collected, administered, or enforced by the department of revenue, but shall instead be collected, administered, and enforced by the metropolitan district imposing the tax or through an intergovernmental agreement with the county in which the metropolitan district is located.

(11)  A metropolitan district created on or after July 1, 2021, shall annually pay

the state an amount equal to the total of all ad valorem credits claimed under section 39-29-105 (2)(b) for property taxes that are imposed by the metropolitan district. The state treasurer shall credit fifty percent of the payment to the state severance tax trust fund created by section 39-29-109, and fifty percent to the local government severance tax fund created by section 39-29-110, with these amounts further allocated in the same manner as the gross receipts realized from the severance taxes imposed on minerals and mineral fuels under the provisions of article 27 of title 39.

Source: L. 81: Entire article R&RE, p. 1597, � 1, effective July 1. L. 82: (6)

added, p. 501, � 7, effective April 15. L. 87: (1)(c) added, p. 1239, � 1, effective April 22. L. 91: (1)(b) amended, p. 1070, � 45, effective July 1. L. 92: (5) amended, p. 888, � 127, effective January 1, 1993. L. 98: (2)(k) added, p. 1070, � 2, effective June 1. L. 2004: (7) and (8) added, p. 1065, � 1, effective May 21. L. 2007: (6)(a) amended, p. 834, � 3, effective May 14; (1)(d) added, p. 2122, � 9, effective August 3; (9) added, p. 938, � 1, effective August 3. L. 2008: (1)(d) amended, p. 1082, � 3, effective August 5. L. 2015: (10) added, (HB 15-1367), ch. 271, p. 1080, � 19, effective June 4. L. 2016: (9) amended, (HB 16-1011), ch. 110, p. 314, � 1, effective April 15; (5) amended, (SB 16-189), ch. 210, p. 789, � 94, effective June 6. L. 2017: (6)(e) added, (HB 17-1065), ch. 73, p. 232, � 2, effective August 9; (10)(a) and (10)(b) amended, (SB 17-192), ch. 299, p.1641, � 6, effective August 9. L. 2021: (11) added, (SB 21-281), ch. 255, p. 1493, � 2, effective June 18; (4) amended, (SB 21-262), ch. 368, p. 2430, � 5, effective September 7; (5) amended, (SB 21-160), ch. 133, p. 543, � 16, effective September 7. L. 2024: (8)(d) added (HB 24-1267), ch. 117, p. 377, � 2, effective August 7. L. 2025: (1)(e) added, (HB 25-1009), ch. 42, p. 199, � 4, effective August 6.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the legislative declaration in HB 15-1367, see section 1

of chapter 271, Session Laws of Colorado 2015. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

C.R.S. § 32-1-1004.5

32-1-1004.5. Metropolitan districts' covenant enforcement and design review services - requirements - prohibitions as against public policy - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Board means the board of a metropolitan district.


(b)  Covenant enforcement and design review services means the covenant

enforcement and design review services that a metropolitan district may provide in relation to residential property pursuant to section 32-1-1004 (8).

(c)  Energy efficiency measure means a device or structure that reduces

the amount of energy derived from fossil fuels that is consumed by a unit. Energy efficiency measure includes only the following types of devices or structures:

(I)  An awning, shutter, trellis, ramada, or other shade structure that is

marketed for the purpose of reducing energy consumption;

(II)  A garage or attic fan and any associated vents or louvers;


(III)  An evaporative cooler;


(IV) (A)  Except as provided in subsection (1)(c)(IV)(B) of this section, an

energy-efficient outdoor lighting device, including without limitation a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device.

(B)  Subsection (1)(c)(IV)(A) of this section does not apply to covenant

enforcement and design review services provided under an instrument that implements dark sky requirements for residential property that is a designated dark sky place, as defined in section 24-49.7-110 (2)(d).

(V)  A retractable clothesline; and


(VI)  A heat pump system, as defined in section 39-26-732 (2)(c).


(d) (I)  Impartial decision-maker means a person or a group of persons:


(A)  With the authority to make a decision regarding the enforcement of an

instrument that a metropolitan district enforces pursuant to this section or section 32-1-1004 (8), including the enforcement of any architectural requirements; and

(B)  That does not have any direct personal or financial interest in the

outcome of the matter being decided.

(II)  As used in this subsection (1)(d), personal or financial interest means

that the impartial decision-maker, as a result of the outcome of the matter being decided, would receive a greater benefit or detriment than that of other unit owners subject to the same instrument.

(e)  Instrument means the declaration, rules and regulations, or any other

instrument that a metropolitan district enforces pursuant to this section and section 32-1-1004 (8).

(f)  Local government means a statutory or home rule county, municipality,

or city and county.

(g)  Unit means a physical portion of a residential property that is

designated for separate ownership or occupancy and is subject to an instrument.

(h)  Unit owner means a person who owns a unit.


(2) (a)  On or before January 1, 2025, except as provided in subsection (2)(d) of

this section, a metropolitan district shall adopt a written policy governing the imposition of fines. In furnishing covenant enforcement and design review services, a board shall not impose a fine on a unit owner for an alleged violation of an instrument unless the fine is imposed in accordance with the written policy. The written policy:

(I)  Must include a fair and impartial fact-finding process concerning whether

an alleged violation actually occurred and, if so, whether a unit owner is responsible for the violation; and

(II)  Must require providing notice to the unit owner regarding the nature of

the alleged violation, the action or actions required to cure the alleged violation, and the timeline for the fair and impartial fact-finding process required under subsection (2)(a)(I) of this section.

(b)  The fair and impartial fact-finding process may be informal but, at a

minimum, must provide a unit owner notice and an opportunity to be heard before an impartial decision-maker.

(c)  The written policy must specify the schedule of fines that may be

imposed for alleged violations that are continuous or repetitive in nature, including a description of what constitutes a continuous violation and what constitutes a repetitive violation.

(d) (I)  A metropolitan district that does not provide covenant enforcement

and does not form a unit owners' association pursuant to section 38-33.3-301:

(A)  Cannot pursue other remedies against property owners to enforce design

review requirements adopted by the metropolitan district; and

(B)  Is not required to adopt written policies pursuant to subsections (2)(a)

and (5)(a) of this section.

(II)  If a metropolitan district elects to provide covenant enforcement at any

time, the requirements of this section apply to the metropolitan district.

(3) (a)  In furnishing covenant enforcement and design review services for

units, a board may fix, and from time to time increase or decrease, fees, rates, tolls, fines, penalties, or charges for covenant enforcement and design review services furnished pursuant to this section and section 32-1-1004 (8).

(b) (I)  Until paid, any fee, rate, toll, fine, penalty, or charge described in

subsection (3)(a) of this section constitutes a perpetual lien on and against the unit for which covenant enforcement and design review services were provided.

(II)  The board of a metropolitan district furnishing covenant enforcement and

design review services pursuant to this section and section 32-1-1004 (8) shall not foreclose on any lien described in this subsection (3)(b) that arises from amounts that a unit owner owes the metropolitan district as a result of a covenant violation or enforcement of a failure to comply with any instrument.

(III)  In addition to any other means provided by law, a board, by resolution

and at a public meeting held after notice has been provided to an affected unit owner, may elect to have certain delinquent fees, rates, tolls, fines, penalties, charges, or assessments made or levied for covenant enforcement and design review services certified to the treasurer of the county in which the metropolitan district is located, and for the delinquent fees, rates, tolls, fines, penalties, charges, or assessments to be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be collected and paid over pursuant to section 39-10-107.

(4) (a)  For any unit owner's failure to comply with an instrument, a

metropolitan district, without needing to commence a legal proceeding, may seek reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of the failure to comply.

(b)  Except as provided in subsection (4)(c) of this section, in a civil action to

enforce or defend an instrument, the court shall award reasonable attorney fees, costs, and, if relevant, costs of collection to the prevailing party.

(c)  In connection with a civil action claim in which a unit owner is alleged to

have violated an instrument but prevails on the matter because the court finds that the unit owner did not commit the alleged violation:

(I)  The court shall award the unit owner reasonable attorney fees and costs

incurred in defending the claim;

(II)  The court shall not award costs or attorney fees to the metropolitan

district; and

(III)  The metropolitan district shall not allocate to the unit owner's account

with the metropolitan district any of the metropolitan district's costs or attorney fees incurred in asserting or defending the claim from revenue that the metropolitan district collects other than ad valorem property taxes imposed on all taxpayers in the metropolitan district.

(d)  Notwithstanding any law to the contrary, an action shall not be

commenced or maintained to enforce the terms of any building restriction contained in an instrument or to compel the removal of any building or improvement because of a violation of the terms of any such building restriction unless the action is commenced within one year after the date that the metropolitan district commencing the action first knew or, in the exercise of reasonable diligence, should have known of the violation forming the basis of the action.

(5) (a) (I)  On or before January 1, 2025, except as provided in subsection (2)(d)

of this section, a metropolitan district furnishing covenant enforcement and design review services under this section and section 32-1-1004 (8) shall adopt a written policy setting forth the metropolitan district's procedure for addressing disputes arising between the metropolitan district and one or more unit owners related to the enforcement of an instrument.

(II) (A)  Except as provided in subsection (5)(a)(II)(B) of this section, a

metropolitan district shall make a copy of the written policy adopted pursuant to subsection (5)(a)(I) of this section available to unit owners on the metropolitan district's website that the metropolitan district is required to maintain pursuant to section 32-1-104.5 (3).

(B)  If the metropolitan district is not required to maintain a website pursuant

to section 32-1-104.5 (3), the metropolitan district shall make the written policy available to unit owners upon request.

(b) (I)  Any controversy between a metropolitan district and a unit owner that

arises out of the enforcement of an instrument may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding. Either party to the mediation may terminate the mediation process without prejudice.

(II)  If a mediation agreement is reached pursuant to subsection (5)(b)(I) of

this section, the mediation agreement may be presented to a court as a stipulation. The stipulation must not include a requirement that the unit owner pay additional interest or unreasonable attorney fees. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief. If the parties execute a stipulation that the court deems unfair or that does not comply with the requirements of this subsection (5)(b), the stipulation is invalid and the court may award the unit owner reasonable attorney fees and costs.

(6)  Notwithstanding any provision in an instrument to the contrary, a

metropolitan district shall not prohibit any of the following in relation to any unit subject to the instrument:

(a)  The display of a flag on a unit, in a window of the unit, or on a balcony

adjoining the unit. The metropolitan district shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit flags bearing commercial messages. The metropolitan district may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles but shall not prohibit the installation of a flag or flagpole.

(b)  The display of a sign by the owner or occupant of a unit on property

within the boundaries of the unit or in a window of the unit. The metropolitan district shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit signs bearing commercial messages. The metropolitan district may establish reasonable, content-neutral rules to regulate signs based on the number, placement, or size of the signs or on other objective factors.

(c)  The parking of a motor vehicle by the occupant of a unit on the driveway

of the unit if the vehicle is required to be available at designated periods at the occupant's residence as a condition of the occupant's employment and all of the following criteria are met:

(I)  The vehicle has a gross vehicle weight rating of ten thousand pounds or

less;

(II)  The occupant is a bona fide member of a volunteer fire department or is

employed by a primary provider of emergency firefighting, law enforcement, ambulance, or emergency medical services;

(III)  The vehicle bears an official emblem or other visible designation of the

emergency service provider; and

(IV)  Parking of the vehicle can be accomplished without obstructing

emergency access to or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces;

(d)  The removal by a unit owner of trees, shrubs, or other vegetation to

create defensible space on a unit for fire mitigation purposes, so long as the removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by an entity of a local government to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located and is no more extensive than necessary to comply with the plan. The plan shall be registered with the metropolitan district at least thirty days before the commencement of work. The metropolitan district may require changes to the plan if the metropolitan district obtains the consent of the individual, official, or agency that originally created the plan. The work must comply with applicable standards of the metropolitan district regarding slash removal, stump height, revegetation, and contractor regulations.

(e)  Reasonable modifications to a unit as necessary to afford an individual

with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);

(f)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant

vegetative or nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible in accordance with section 38-33.3-106.5 (1)(i) and (1)(i.5);

(g)  The use of a rain barrel, as defined in section 37-96.5-102 (1), to collect

precipitation from a residential rooftop in accordance with section 37-96.5-103. A metropolitan district may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel. This subsection (6)(g) does not confer upon a unit owner a right to place a rain barrel at, or to connect a rain barrel to, any property that is:

(I)  Leased, except with permission of the lessor;


(II)  A common element or a limited common element of a common interest

community, as those terms are defined in section 38-33.3-103;

(III)  Owned or maintained by the metropolitan district; or


(IV)  Attached to one or more other units, except with permission of the

owners of the other units.

(h) (I)  The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.


(II)  This subsection (6)(h) does not supersede any of the provisions of an

instrument concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The metropolitan district shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.

(III)  This subsection (6)(h) does not apply to a community qualified as housing

for older persons under the federal Housing for Older Persons Act of 1995, Pub.L. 104-76.

(IV)  The metropolitan district may require the owner or operator of a family

child care home to carry liability insurance, at reasonable levels determined by the board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on any property owned or maintained by the metropolitan district, in the unit where the family child care home is located, or in any other unit subject to an instrument. The metropolitan district shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the metropolitan district is required to carry under the terms of an instrument.

(7) (a)  Notwithstanding any provision in an instrument to the contrary, a

metropolitan district shall not:

(I)  Effectively prohibit renewable energy generation devices, as defined in

section 38-30-168;

(II)  Require the use of cedar shakes or other flammable roofing materials on

a unit; or

(III)  Effectively prohibit the installation or use of an energy efficiency

measure on a unit.

(b)  Subsection (7)(a)(III) of this section does not apply to:


(I)  Reasonable aesthetic provisions that govern the dimensions, placement,

or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, a metropolitan district shall consider:

(A)  The impact of the purchase price and operating costs of the energy

efficiency measure;

(B)  The impact on the performance of the energy efficiency measure; and


(C)  The criteria contained in any instrument.


(II)  Bona fide safety requirements, consistent with an applicable building

code or recognized safety standard, for the protection of persons or property.

(c)  Subsection (7)(a)(III) of this section does not confer upon any unit owner

the right to place an energy efficiency measure on property that is:

(I)  Owned by another person;


(II)  Leased, except with permission of the lessor;


(III)  Collateral for a commercial loan, except with permission of the secured

party;

(IV)  A common element or limited common element of a common interest

community, as those terms are defined in section 38-33.3-103; or

(V)  Owned or maintained by a metropolitan district.


Source: L. 2024: Entire section added, (HB 24-1267), ch. 117, p. 378, � 3,

effective August 7.

C.R.S. § 32-1-1006

32-1-1006. Water and sanitation or water districts - additional powers - special provisions - definition. (1) In addition to the powers specified in section 32-1-1001, the board of any sanitation, water and sanitation, or water district has the following powers for and on behalf of such district:

(a) (I)  To compel the owner of premises located within the boundaries of any

such district, whenever necessary for the protection of public health, to connect such owner's premises, in accordance with the state plumbing code, to the sewer, water and sewer, or water lines, as applicable, of such district within twenty days after written notice is sent by registered mail, if such sewer or water line is within four hundred feet of such premises. If such connection is not begun within twenty days, the board may thereafter connect the premises to the sewer, water and sewer, or water system, as applicable, of such district and shall have a perpetual lien on and against the premises for the cost of making the connection, and any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics' liens.

(II)  Nothing in subparagraph (I) of this paragraph (a) authorizes the board of

any sanitation, water and sanitation, or water district to compel any connection with the sewer, water and sewer, or water lines, as applicable, of such district, by any owner of premises located outside of such district who utilizes private or nongovernmental persons, services, systems, or facilities including an on-site wastewater treatment system, for the provision of sewer, water and sewer, or water lines to such premises.

(b) (I)  To divide such district into areas according to the water or sanitation

services furnished or to be furnished therein. The board has the power to fix different rates, fees, tolls, or charges and different rates of levy for tax purposes against all of the taxable property within the several areas of such district according to the services and facilities furnished or to be furnished therein within a reasonable time. In addition, if the board finds it infeasible, impracticable, or undesirable for the good of the entire district to extend water or sewer lines and facilities to any part of such district, the board may designate by resolution such area not to be served with water or sanitation service, but such area designated not to be served shall be at least ten acres in extent.

(II)  If the board divides a special district into areas according to the facilities

and services furnished or to be furnished, to determine the amount of money necessary to be raised by taxation within each such area, taking into consideration other sources of revenue within the area, and to fix a levy which, when levied upon every dollar of the valuation for assessment of taxable property within such area of the special district, will supply funds for the payments of the costs of acquiring, operating, and maintaining the services or facilities furnished in such area and will pay promptly, when due, the principal or interest on bonds or other obligations issued and its pro rata share of the general operating expenses of the district.

(c) (I)  To establish, construct, operate, and maintain works and facilities

across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are the property of the state of Colorado, and across any stream of water or watercourse. The board of county commissioners of any county in which any public streets or highways are situated which are to be cut into or excavated in the construction or maintenance of any such facilities has authority to adopt by resolution such rules as it deems necessary in regard to any such excavations and may require the payment of reasonable fees by such district as may be fixed by the board of county commissioners to ensure proper restoration of such streets or highways.

(II)  When such fee is paid, it is the responsibility of the board of county

commissioners to promptly restore such street or highway to its former state. If the fee is not fixed and paid, such district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof.

(III)  This grant of authority is not and shall not be construed as a limitation

upon the existing powers of any municipality to regulate works and facilities in public streets or highways.

(d)  To assess reasonable penalties for delinquency in the payment of rates,

fees, tolls, or charges or for any violations of the rules and regulations of the special district together with interest on delinquencies from any date due at not more than one percent per month or fraction thereof, and to shut off or discontinue water or sanitation service for such delinquencies and delinquencies in the payment of taxes or for any violation of the rules and regulations of the special district, and to provide for the connection with and the disconnection from the facilities of such district;

(e)  To acquire water rights and construct and operate lines and facilities

within and without the district;

(f)  To have and exercise the power of eminent domain and dominant eminent

domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district, except for the acquisition of water rights;

(g)  To fix and on occasion increase or decrease tap fees in accordance with

subsection (9) of this section. The board may pledge revenue raised from the imposition of tap fees for the payment of any indebtedness of the special district.

(h) (I)  To assess availability of service or facilities charges subject to the

following provisions:

(A)  No fee, rate, toll, or charge for connection to or use of services or

facilities of such district shall be considered an availability of service or facilities charge.

(B)  Any availability of service or facilities charges shall be made only when a

notice, stating that such availability of service or facilities charges are being considered and stating the date, time, and place of the meeting at which they are to be considered, has been mailed by first-class United States mail, postage prepaid, to each taxpaying elector of such district at his last-known address, as disclosed by the tax records of the county or counties within which such district is located.

(C)  Availability of service or facilities charges shall be assessed solely for

the purpose of paying principal of and interest on any outstanding indebtedness or bonds of such district and shall not be used to pay any operation or maintenance expenses of, nor capital improvements within or for, such district.

(D)  Availability of service or facilities charges shall be assessed only where

water, sewer, or both water and sewer lines are installed and ready for connection within one hundred feet of any property line of the residential lot or residential lot equivalent to be assessed, but to one or both of which line or lines the particular lot or lot equivalent to be assessed is not connected.

(E)  Availability of service or facilities charges shall be a percentage, not to

exceed fifty percent, of the fees, rates, tolls, or charges for use of services or facilities of such district, said percentage to be determined by the board. If the fees, rates, tolls, or charges for the use of services or facilities vary dependent upon quantities of usage, the availability of service or facilities charges shall be a percentage, not to exceed fifty percent, of the average usage derived by dividing the total usage quantity for such district for the last preceding fiscal year by the total number of users in such district, said percentage to be determined by the board. In addition the aggregate amount of revenue budgeted and expected to be derived from availability of service or facilities charges shall not exceed the total amount of principal of and interest on the outstanding indebtedness or bonds of such district for such service currently budgeted for and to mature or accrue during the annual period within which such availability of service or facilities charges are payable, less the amount budgeted and expected to be produced during such period by the mill levy allocable to such service then being budgeted for and levied and assessed by such district.

(II)  Notwithstanding the provisions of this paragraph (h), any metropolitan

district providing water or sanitation or water and sanitation services which, prior to July 1, 1981, has imposed an availability of service charge pursuant to section 31-35-402 (1)(f), C.R.S., and has pledged such availability of service charges to the payment of outstanding bonds may continue such charge until such bonds are retired.

(1.5) (a)  No water and sanitation district or water district shall furnish water

service or water supply to any property located outside of the district's boundaries if such property is within the legal boundaries of another special district that has been organized with the power to furnish water facilities or water services, unless:

(I)  In compliance with the provisions of this title and with the consent of the

special district within whose boundaries such property is located, such property is included within the boundaries of the district seeking to provide water service or water supply; or

(II)  After April 15, 1996, in lieu of inclusion pursuant to subparagraph (I) of

this paragraph (a), the special district within whose boundaries such property is located gives consent to the provision of such water service or water supply.

(b)  In the absence of such inclusion or consent, no water and sanitation

district or water district shall have any right or power, however derived, to provide water service or water supply to any property outside of that district's boundaries and within the boundaries of another special district that has been organized with the power to furnish water facilities or water services.

(c)  As used in this subsection (1.5), water facilities has the same meaning

as in section 31-35-401 (7), C.R.S.

(2) (a)  A special district organized for water or sanitation or for water and

sanitation purposes, upon the filing of a resolution of the board with the court and after an election held pursuant to paragraph (b) of this subsection (2), may become a water and sanitation or metropolitan district, respectively, possessing all the rights, powers, and authority of such a district if there is not then pending a petition for the organization of a water and sanitation or metropolitan district, partially or wholly within the water or sanitation or water and sanitation district, and if a metropolitan district does not already exist wholly or partly within the boundaries of the sanitation or water or water and sanitation district.

(b) (I)  After a hearing on the resolution, the court shall direct that the

question of conversion of the special district be submitted to the eligible electors of the special district and shall appoint the secretary as the designated election official responsible for the calling and conducting of the election according to article 13.5 of title 1.

(II)  If a majority of the votes cast at the election are in favor of conversion

and the court determines the election was held in accordance with article 13.5 of title 1, the court shall enter an order including any conditions so prescribed and converting the special district.

(3)  Taxpaying electors of any area of five acres or more within or without a

special district furnishing sanitation or water services or facilities or sanitation and water services or facilities or any area regardless of size immediately contiguous to such district may agree among themselves for the construction of water or sanitation facilities or water and sanitation facilities within such area, and the board of such district has the authority to enter into a contract with such taxpaying electors to allow any portion of revenue derived from water or sanitation charges and fees from such area or from special charges assessed against users of such sanitation or water facilities to be applied on the payment of the cost of the construction of such water or sanitation facilities. Such payment shall be made without interest and upon such terms as the parties may agree upon, but payment shall not extend over fifteen years. Such contracts shall not be included within the dollar limitation of debts provided by this article and shall not require approval of the electors of the special district.

(4)  Any dispute involving a special district furnishing sanitation or water

services or facilities or sanitation and water services or facilities and any customer of such district in which physical damage to the property of the customer in the amount of ten thousand dollars or less is alleged to have been caused by the actions of such special district may be submitted with the consent of the district and the customer to alternative dispute resolution procedures pursuant to the Dispute Resolution Act, part 3 of article 22 of title 13, C.R.S., if such procedures are available in the judicial district where a complaint in such dispute would be filed. Notwithstanding any other provision of law to the contrary, once a party to such dispute has properly submitted the dispute to alternative dispute resolution procedures pursuant to this section, neither party shall remove the dispute from the alternative dispute resolution forum without the consent of the other party.

(5)  The governing body of each special district providing water or sanitation

services which implements an industrial wastewater pretreatment program pursuant to the federal act, as defined in section 25-8-103 (8), C.R.S., may seek such relief and impose such penalties as are required by such federal act and its implementing regulations for such programs.

(6)  The board of a sanitation district or water and sanitation district may

provide collection and transportation of solid waste, including residential waste services as defined in section 30-15-401 (7.5)(d), for and on behalf of the district, including but not limited to the financing thereof, by either contracting with a third-party service provider pursuant to this section or providing such waste services pursuant to section 30-15-401 (7.5) and (7.7). The board may impose fees, rates, penalties, or charges for such service pursuant to section 32-1-1001 (1)(j)(I), and the board may require that the district residents use or pay user charges for residential waste services. If the board contracts with a third-party service provider, the board shall publish a notice for bids or a request for proposals no less than thirty days prior to awarding the contract. If the board decides to proceed with its own proposal to directly provide residential waste services rather than enter into a contract with a third-party service provider, the board shall request proposals to provide such services within a designated area of the district by publishing notice and awarding a contract in accordance with the procedures specified in section 30-15-401 (7.5)(c) and (7.7). The board shall not award a contract that exceeds three years in duration. The board may not provide collection and transportation of solid waste services within the boundaries of any municipality, city and county, or county that is providing solid waste services without the consent of the municipality, city and county, or county.

(7)  The board of any sanitation district or water and sanitation district may

provide solid waste disposal facilities, including but not limited to the financing thereof, for and on behalf of such district. Any service or facility pursuant to this subsection (7) shall be subject to part 1 of article 20 of title 30, C.R.S.

(8) (a)  A water district or a water and sanitation district may provide park and

recreation improvements and services in connection with a water reservoir owned by the district and adjacent land if such improvements and services are not already being provided by another entity with respect to the reservoir and adjacent land.

(b)  Once the board of a water district or a water and sanitation district

adopts a resolution to provide improvements and services pursuant to this subsection (8), no other entity may provide park and recreation improvements and services with respect to the reservoir and adjacent land without the consent of the board.

(c)  The district may exercise any powers that a park and recreation district

has in connection with the provision of park and recreation improvements and services, including imposing rates, fees, and charges in connection with the improvements and services. The district may use any district revenues to provide the improvements and services. The provision of improvements and services pursuant to this subsection (8) is not a material modification of the service plan of the district.

(9) (a)  The board of a water and sanitation or water district has a duty to

provide water service if the special district has the capacity to do so; except that this subsection (9)(a) does not apply to service that is provided outside a district's boundaries or service area, including pursuant to a contract. The terms of such a contract govern the terms of such extraterritorial service. As used in this subsection (9)(a), capacity includes consideration of the physical capacity of a district's existing infrastructure; the legal capacity of the district, including but not limited to the sufficiency of a district's existing water rights pursuant to the provisions of any relevant decrees to provide water or sewer service to new customers; and a district's financial capacity to fund all required infrastructure and water rights without creating detriment or harm to existing customers.

(b)  In determining the amount of a tap fee as described in subsection (1)(g) of

this section, the board of a water and sanitation or water district shall:

(I)  Ensure that the amount of the tap fee is reasonably related to all costs

incurred by the district in funding and providing water or sanitation service, which costs may include costs relating to infrastructure construction and acquisition, including permitted capacities for such infrastructure, as well as costs associated with water rights planning and the acquisition and development of water rights, but which costs do not include costs related to ongoing operations, maintenance, and usage that is considered routine monthly billing; and

(II)  Based on applicable plumbing codes and land use jurisdictional

requirements, and subject to any contracts related to the provision or expansion of water or sewer service, which contracts exist on the effective date of this subsection (9), apply at least one of the following factors in supporting the calculation and setting of proportional or reduced fees:

(A)  Expected long-term water usage, both indoor and outdoor, including the

existence of nonnative turf grass and use of water-wise landscaping, with an emphasis on native plants;

(B)  The square footage of the unit or the number of bedrooms in the unit;


(C)  The square footage of the lot or the equivalent residential unit;


(D)  The presence of low-water-usage appliances, if applicable;


(E)  Per-unit fixture counts in bathrooms, kitchens, and other spaces, interior

and exterior, that provide water or sanitation service; and

(F)  The presence of graywater treatment works, as defined in section 25-8-103 (8.4) and as may be authorized within the district boundaries.


(c)  Nothing in this subsection (9) prohibits a district from conditioning a

reduced or proportional tap fee on long-term compliance with the factors described in subsection (9)(b)(II) of this section, which factors serve as the basis for the tap fee. In the event that the water demands of a property expand after the issuance of a tap fee because of increased irrigation, increased unit size, increased fixture counts, or other changes that increase water demand, the district may require a supplemental tap fee based on the expanded water demand.

Source: L. 81: Entire article R&RE, p. 1599, � 1, effective July 1. L. 83:

(1)(h)(I)(B) amended, p. 1279, � 1, effective May 25; (2) amended, p. 1280, � 1, effective May 26. L. 89: (4) added, p. 1315, � 1, effective March 15. L. 90: (5) added, p. 1346, � 8, effective July 1. L. 92: (2)(b) amended, p. 888, � 128, effective January 1, 1993. L. 94: (1)(a) amended, p. 593, � 1, effective April 7. L. 96: (1.5) added, p. 309, � 6, effective April 15. L. 98: (6) and (7) added, p. 1070, � 3, effective June 1. L. 2005: (8) added, p. 151, � 1, effective April 5. L. 2012: (1)(a)(II) amended, (HB 12-1126), ch. 137, p. 499, � 8, effective August 8. L. 2016: (2)(b) amended, (SB 16-189), ch. 210, p. 789, � 95, effective June 6. L. 2020: (6) amended, (HB 20-1074), ch. 48, p. 165, � 1, effective September 14. L. 2021: (2)(b) amended, (SB 21-160), ch. 133, p. 543, � 17, effective September 7. L. 2025: (1)(g) amended and (9) added, (HB 25-1211), ch. 177, p. 741, � 1, effective August 6.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For foreclosure of mechanics' liens, as provided in

subsection (1)(a), see article 22 of title 38.

C.R.S. § 32-11-104

32-11-104. Definitions. As used in this article 11, unless the context otherwise requires:

(1)  Acquisition or acquire means the purchase, construction,

reconstruction, lease, gift, transfer, assignment, option to purchase, other contract, grant from the federal government, any public body, or any other person, endowment, bequest, devise, installation, condemnation, and any other acquirement (or any combination thereof) of the facilities, other property, any project, or an interest therein, authorized by this article.

(2)  This article means the Urban Drainage and Flood Control Act.


(3)  Assess, assessment, or special assessment means the levy of a

special assessment, or the special assessment, against any tract specially benefited in an improvement district by any project, which assessment shall be made on a front-foot, zone, area, or other equitable basis as determined by the board; but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed as determined by the board, as provided in section 32-11-634 (4).

(4)  Assessable property means the tracts of land specially benefited in an

improvement district by any project the cost of which is wholly or partly defrayed by the urban district by the levy of assessments, except any tract owned by the federal government in the absence of its consent to the assessment of any tract so owned, and except any street, alley, highway, or other public right-of-way of a public body, as provided in section 32-11-660.

(5)  Assessment lien means a lien on a tract in an improvement district

created by resolution of the urban district to secure the payment of an assessment levied against that tract, as provided in section 32-11-645.

(6)  Assessment unit means a unit or quasi-improvement district designated

by the board for the purpose of petition, remonstrance, and assessment in the case of a combination of projects in an improvement district, pursuant to section 32-11-606.

(7)  Board or board of directors, when not otherwise qualified, means the

board of directors of the urban district.

(8)  Chairman or chairman of the board, or any phrase of similar import

means the de jure or de facto presiding officer of the board and the urban district, or his successor in functions, if any.

(9)  Commercial bank means a state or national bank or trust company

which is a member of the federal deposit insurance corporation, including without limitation any trust bank as defined in this section.

(10) (a)  Condemnation or condemn means the acquisition by the exercise

of the power of eminent domain of any property for the facilities, any project, or an interest therein, authorized in this article. The board may exercise on behalf of the district the power of eminent domain or dominant eminent domain within or without or both within and without the district in the manner provided in articles 1 to 7 of title 38, C.R.S., as from time to time amended, except as otherwise provided in this article. The district may take any property necessary to carry out any of the objects or purposes of this article, whether such property is already devoted to the same use by any person other than the federal government in the absence of its consent to any such taking, and may condemn any existing works or improvements of any such person in the district.

(b)  The power of eminent domain vested in the board includes the power to

condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which the board by resolution determines is necessary for carrying out the purposes of this article. Such resolution is prima facie evidence that the taking of the fee simple, easement, or other lesser estate or interest, as the case may be, is necessary.

(c)  The district shall not abandon any condemnation proceedings subsequent

to the date upon which it has taken possession of the property being acquired.

(d)  In the event the construction of any project authorized in this article, or

any part thereof, makes necessary the removal and relocation of any public utility, whether on private or public right-of-way, or otherwise, the district shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land.

(11) (a)  Corporate district means any school district, local college district,

conservancy district, drainage district, metropolitan district, water district, sanitation district, water and sanitation district, mosquito control district, street improvement district, television relay and translator district, public improvement district, general improvement district, fire protection district, metropolitan recreation district, metropolitan park district, metropolitan recreation and park district, metropolitan water district, health service district, metropolitan sewage disposal district, irrigation district, internal improvement district, water conservation district, water conservancy district, or any other type of district constituting a body corporate and politic and a political subdivision of the state.

(b)  Corporate district does not include a district or urban district as

defined in this section nor an improvement district as defined in this section.

(12)  Cost or cost of the project, or any phrase of similar import, means, in

addition to the usual connotations thereof, all or any part of the cost of the acquisition, improvement, and equipment (or any combination thereof) of all or any part of a project of the urban district and of all or any property, rights, easements, licenses, privileges, franchises, and other agreements deemed by the urban district to be necessary or useful and convenient therefor or in connection therewith, and all incidental expenses pertaining thereto, including without limitation at the option of the board and as it may from time to time determine:

(a)  The cost of demolishing, removing, or relocating any buildings,

structures, or other facilities on land acquired;

(b)  The cost of acquiring any lands to which such buildings, structures, or

other facilities may be moved or relocated;

(c)  The cost of equipment for the district, including any project;


(d)  The cost of installing or relocating or installing and relocating water

lines, storm sewers, sanitary sewers, and other utility lines and services;

(e)  The costs of restoring any public street, highway, bridge, viaduct, or other

public right-of-way, stream of water, watercourse, ditch flume, pipeline, utility transmission line, or other public facilities to their former state of usefulness as nearly as may be;

(f)  Condemnation costs, including all preliminary expenses and other

incidental expenses pertaining to any condemnation;

(g)  The cost of preliminary plans, other plans, specifications, studies,

surveys, estimates of project cost and of taxes, revenues, and assessments (or any combination thereof), economic feasibility reports, and any other expenses necessary or incident to determining the feasibility or practicability of a project;

(h)  The cost of other estimates, appraising, printing, advice, inspection, and

other services rendered by engineers, architects, financial consultants, attorneys-at-law, clerical help, and other employees and agents of the urban district, and other professional costs;

(i)  Court costs and other legal expenses;


(j)  The cost of making, publishing, posting, mailing, and otherwise giving any

notice, and of filing and recording instruments;

(k)  The cost of acquiring any real property, including any easement or other

right or interest therein, and including the taking of any option;

(l)  The cost of contingencies, operation and maintenance expenses, and

other expenses of the district prior to and during the acquisition, improvement, and equipment (or any combination thereof) of any project, and additionally during a period of not exceeding one year after the completion of the project, as may be estimated and determined by the board in any resolution authorizing the issuance of any district securities or other instrument pertaining thereto or in any contract with any public body, the federal government, or otherwise;

(m)  Such provision or reserves or both provision and reserves for working

capital, operation and maintenance expenses, replacement expenses, or for payment or security of principal of and interest on any district securities during and after the acquisition, improvement, and equipment (or any combination thereof) of any project, as the board may determine;

(n)  Reimbursements to the federal government, the state, or any other public

body or other person of any moneys theretofore expended for the purposes of the district, including such expenditures for or in connection with a project;

(o)  The cost of funding any notes, warrants, or interim debentures as

provided in this article;

(p)  The preparation of budgets, including without limitation the procedure

preliminary thereto;

(q)  The levy, collection, and disposition of special assessments, including

without limitation the preparation of preliminary rolls and assessment rolls;

(r)  The levy, collection, and disposition of taxes;


(s)  The fixing, collection, and disposition of revenues;


(t)  All such other expenses as may be necessary or incident to the financing,

acquisition, improvement, equipment, and completion of the facilities, any project, any part thereof, or the placing of the same in operation.

(13) (a)  County means the county in the state of Colorado in which is

situated any tract assessed or other property to which the term county pertains, including without limitation the city and county of Denver and the city and county of Broomfield; and if such property at any time after June 14, 1969, is located in more than one county, county means each county in which the property is located.

(b)  Whenever the term county is used in connection with an election held

by the urban district, or taxes levied by the district, or otherwise in connection therewith, the term county means each county in which the urban district is located, including without limitation the city and county of Denver.

(14)  County assessor means the de jure or de facto county assessor of each

such county, or his successor in functions, if any.

(15)  County clerk means the de jure or de facto county clerk of each such

county, or his successor in functions, if any.

(16)  County treasurer means the de jure or de facto county treasurer of

each such county, or his successor in functions, if any.

(17)  Director means a de jure or de facto member of the board.


(18)  Disposal or dispose means the sale, destruction, razing, loan, lease,

grant, transfer, assignment, option to sell, other contract, or other disposition (or any combination thereof) of facilities, other property, or an interest therein, authorized in this article.

(19) (a)  District or urban district means the urban drainage and flood

control district created by this article.

(b)  District or urban district does not include the term corporate district

nor the term improvement district as defined in this section.

(20)  District securities means bonds, temporary bonds, notes, warrants,

and interim debentures evidencing loans to or money due from the urban district and authorized to be issued pursuant to the provisions of this article.

(20.3)  Election or special election means any election called by the

board:

(a)  For the submission of ballot issues as required by and set forth in section

20 of article X of the state constitution, to be held at either the general election or on the first Tuesday in November of odd-numbered years; or

(b)  For any other matter permitted or required in this article 11, which may be

held on any Tuesday.

(20.5)  Elector or registered elector has the same meaning as specified in

section 1-1-104 (35).

(21)  Engineer means any engineer in the permanent employ of the urban

district, or any licensed professional engineer, or firm of such engineers, as from time to time determined by the board:

(a)  Who has a wide and favorable repute for skill and experience in the field

of designing and in preparing plans and specifications for and supervising the construction of facilities like those which the district is authorized to acquire;

(b)  Who is entitled to practice and is practicing under the laws of the state;

and

(c)  Who is selected, retained, and compensated by the board, in the name

and on behalf of the district.

(22)  Equipment or equip means the furnishing of all necessary or

desirable, related, or appurtenant machinery, furnishings, apparatus, paraphernalia, and other gear, or any combination thereof, pertaining to any project or other property of the urban district, or any interest therein, authorized in this article, or otherwise relating to the district's facilities.

(23) (a)  Executive officer means the de jure or de facto mayor, chairman of

the board, president of the corporate district, or other titular head or chief official of a public body as defined in this section, or his successor in functions, if any.

(b)  Executive officer does not include a city manager, county manager, or

other chief administrator of a public body who is not its titular head.

(24) (a)  Facilities means the drainage and flood control system of the urban

district, consisting of all properties, real, personal, mixed, or otherwise, owned or acquired by the district through purchase, construction, or otherwise, and used in connection with such system of the district, and in any way pertaining thereto, whether situated within or without its limits, or both within and without its limits.

(b)  The facilities of the district may, as the board from time to time

determines, consist of any natural and artificial watercourses for the collection, channeling, impounding, and disposition of rainfall, other surface and subsurface drainage, and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, other transmission lines, culverts, pumping stations, gauging stations, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, passenger cars, pickups, trucks, and other vehicles, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures, and buildings, flood warning services, and appurtenant telephone, telegraph, radio, and television apparatus, and other water diversion, drainage, and flood control facilities, and all appurtenances and incidentals necessary, useful, or desirable for any such facilities (or any combination thereof), including real and other property therefor.

(25)  Federal government means the United States, or any department,

agency, instrumentality, or corporation thereof.

(26)  Repealed.


(27)  Fiscal year for the purpose of this article means the twelve months

commencing on the first day of January of any calendar year and ending on the last day of December of the same calendar year.

(28)  Governing body means the city council, city commission, board of

commissioners, board of trustees, board of directors, or other legislative body of a public body designated in this article in which body the legislative powers of the public body are vested.

(29)  Governor means the de jure or de facto governor of the state of

Colorado, or his successor in functions, if any.

(30) (a)  Gross revenues or gross pledged revenues means all the

revenues derived directly or indirectly from service charges by the urban district from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, extensions, enlargements, betterments, or other improvements to the facilities, or otherwise, and includes all revenues received by the district from the facilities, including, without limiting the generality of the foregoing, all fees, rates, and other charges for the use of the facilities, or for any service rendered by the district in the operation thereof, or otherwise pertaining thereto, as received by the urban district and pledged wholly or in part for the payment of any district securities issued under this article.

(b)  Gross revenues or gross pledged revenues does not include:


(I)  The proceeds derived from any assessments or taxes;


(II)  Any moneys borrowed and used for the acquisition of capital

improvements for or other acquisition of the facilities; and

(III)  Any moneys received as grants, appropriations, or other gifts from the

federal government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for or other acquisition of the facilities, except to the extent any such moneys are received as service charges for the use of or otherwise pertaining to the facilities.

(31) (a)  Hereby, herein, hereinabove, hereinafter, hereof,

hereunder, herewith, or any term of similar import, refers to this article and not solely to the particular portion thereof in which such word is used.

(b)  Heretofore means before the adoption of this article.


(c)  Hereafter means after the adoption of this article.


(32)  Holder or any similar term, when used in conjunction with any

coupons, any bonds, or any other designated district securities, means the person in possession and the apparent owner of the designated item if such obligation is registered to bearer or is not registered, or the term means the registered owner of any such security which is registrable for payment if it is at the time registered for payment otherwise than to bearer.

(33)  Improvement or improve means the extension, enlargement,

betterment, alteration, reconstruction, replacement, and other major improvement (or any combination thereof) of the facilities, any property pertaining thereto, any project, or an interest therein, authorized in this article.

(34) (a)  Improvement district means the geographical area within the urban

district designated and delineated by the board, in which improvement district are located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and in which improvement district is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the urban district.

(b)  Improvement district does not mean the urban district as defined in

this section.

(35) (a)  Mailed notice, notice by mail, or any phrase of similar import

means the giving by the engineer, district secretary, district treasurer, county treasurer, any deputy thereof, or other designated person, as determined by the board or as otherwise provided in this article, of any designated written or printed notice addressed to the last-known owner of each tract assessed or to be assessed or other designated person at his last-known address, by deposit at least twenty days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. The failure to mail any such notice shall not invalidate any proceedings under this article.

(b)  The names and addresses of such property owners shall be obtained from

the records of the county assessor or from such other source or sources as the engineer, district secretary, district treasurer, county treasurer, any deputy thereof, or other person so giving notice deems reliable. Any list of such names and addresses pertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at twelve-month intervals.

(c)  Any mailing of any notice required in this article shall be verified by the

affidavit or certificate of the engineer, district secretary, district treasurer, county treasurer, the deputy thereof, or other person mailing the notice, which verification shall be retained in the records of the urban district at least until all assessments and securities pertaining thereto have been paid in full or any claim is barred by a statute of limitations.

(36) (a)  Municipality means an incorporated town, city and county, or city,

whether incorporated and governed under general act or special charter.

(b)  Municipal pertains to a municipality.


(37)  Net revenues or net pledged revenues means the gross pledged

revenues remaining after the deduction of the operation and maintenance expenses as defined in this section.

(38)  Newspaper means a newspaper printed in the English language at

least once each calendar week.

(39) (a)  Operation and maintenance expenses, or any phrase of similar

import, means all reasonable and necessary current expenses of the district, paid or accrued, of operating, maintaining, and repairing the facilities, including without limitation, at the district's option (except as by contract or otherwise limited by law):

(I)  Engineering, auditing, reporting, legal, and other overhead expense of the

district directly related to the administration, operation, and maintenance of the facilities;

(II)  Property and liability insurance and fidelity bond premiums;


(III)  Payments to pension, retirement, health, and hospitalization funds, and

other insurance;

(IV)  The reasonable charges of any paying agent, any copaying agent, and

any other depositary bank pertaining to any project, any bonds or other district securities pertaining thereto, or otherwise relating to the facilities;

(V)  Any taxes, assessments, excise taxes, or other charges which may be

lawfully imposed on the district or its income or operations of the facilities under its control, or any privilege relating to the facilities or their operation;

(VI)  The costs incurred by the district in the collection of any taxes,

assessments, and pledged revenues, and in making refunds of any taxes, assessments, or pledged revenues lawfully due to others;

(VII)  Expenses in connection with the issuance of district securities

evidencing any loan to or other obligation of the district;

(VIII)  The expenses and compensation of any trustee, receiver, or other

fiduciary under this article or otherwise;

(IX)  Contractual services and professional services, salaries, labor, and the

cost of materials and supplies used for current operation, ordinary and current rentals of equipment, or other property; and

(X)  All other administrative, general, and commercial expenses pertaining to

the facilities.

(b)  Operation and maintenance expenses does not include any allowance

for depreciation or any amounts for capital replacements, renewals, major repairs, and maintenance items (or any combination thereof) of a type not recurring annually or at shorter intervals; nor does it include: The costs of extensions, enlargements, betterments, and other improvements (or any combination thereof), or any reserves therefor; any reserves for operation, maintenance, or repair of the facilities; any allowance for the redemption of any bond or other district security evidencing a loan or other obligation of the district, or the payment of any interest thereon, or any reserve therefor; any liabilities incurred in the acquisition or improvement of any properties comprising any project (or any combination thereof) or otherwise pertaining to the facilities, or otherwise; any other grounds of legal liability not based on contract.

(40)  Ordinance means the formal instrument by the adoption of which a

governing body of any public body as defined in this section takes formal legislative action, whether such instrument is in the form of an ordinance, resolution, or other type of document.

(41) (a)  Person means a corporation, firm, other body corporate (including

the federal government or any public body), partnership, association, or individual, and also includes an executor, administrator, trustee, receiver, or other representative appointed according to law.

(b)  Person does not include the urban district as defined in this section.


(42)  Pledged revenues or revenues means all or a portion of the gross

pledged revenues. The designated term indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualification.

(43)  Project means such part of the facilities of the district as the board

determines to acquire and authorize at one time.

(44)  Property means personal property and real property, both improved

and unimproved.

(45) (a)  Publication or publish means printing one time in one newspaper

of general circulation in the district.

(b)  (Deleted by amendment, L. 2018.)


(46) (a)  Public body means the state of Colorado or any agency,

instrumentality, or corporation thereof, or any county, municipality, corporate district, housing authority, county revitalization authority, urban renewal authority, other type of authority, the regents of the university of Colorado, the state board for community colleges and occupational education, or any other body corporate and politic and political subdivision of the state.

(b)  Public body does not include the federal government nor the urban

district as defined in this section.

(47)  Real property means:


(a)  Land, including land under water;


(b)  Buildings, structures, fixtures, and improvements on land;


(c)  Any property appurtenant to or used in connection with land; and


(d)  Every estate, interest, privilege, leasehold, easement, license, franchise,

right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens.

(48)  Revenues means the pledged revenues as defined in this section.


(49)  Secretary means the de jure or de facto secretary of the board and

the urban district, or his successor in functions, if any.

(50)  Service charges means the fees, rates, and other charges for the use

of the facilities of the district, or for any service rendered by the district in the operation thereof, or otherwise pertaining thereto, as more specifically provided in section 32-11-306 and elsewhere in this article.

(51)  Special assessments means assessment as defined in this section.


(52)  State means the state of Colorado; and, where the context so

indicates, state means the geographical area comprising the state of Colorado.

(53)  Taxes, taxation, or tax means general (ad valorem) taxes.


(54) (a)  Taxpaying elector means a registered elector who owns taxable

real or personal property within the district; except that, to qualify under this article 11 as a taxpaying elector, a person must also be a resident of the district.

(b)  A person who is obligated to pay taxes under a contract to purchase

property in the district shall be considered as such an owner.

(c)  The ownership of any property subject to the payment of a specific

ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general (ad valorem) taxes shall not constitute the ownership of property subject to taxation as provided in this article.

(55) (a)  Tract means any lot or other parcel of land for assessment

purposes, whether platted or unplatted, regardless of lot or land lines.

(b)  Lots, plots, blocks, and other subdivisions may be designated in

accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description, as provided in section 32-11-659.

(56)  Treasurer means the de jure or de facto treasurer of the board and the

urban district, or his successor in functions, if any.

(57)  Trust bank means a commercial bank as defined in this section,

which bank is authorized to exercise and is exercising trust powers, and also means any branch of the federal reserve bank.

(58)  Urban district means district as defined in this section.


(59)  United States means the United States of America.


Source: L. 69: p. 733, � 3. C.R.S. 1963: � 89-21-3. L. 70: p. 298, � 115. L. 77:

(10)(a) amended, p. 287, � 61, effective June 29. L. 81: (54)(a) amended, p. 1626, � 35, effective July 1. L. 89: (26) repealed, p. 1135, � 85, effective July 1. L. 94: (54)(a) amended, p. 1643, � 71, effective May 31. L. 96: (11)(a) amended, p. 476, � 18, effective July 1. L. 2001: (13)(a) amended, p. 266, � 5, effective November 15. L. 2004: IP(21) amended, p. 1314, � 64, effective May 28. L. 2018: IP, (45), and (54)(a) amended and (20.3) and (20.5) added, (SB 18-025), ch. 22, p. 274, � 1, effective March 7. L. 2024: (46)(a) amended, (HB 24-1172), ch. 387, p. 2681, � 13, effective August 7.

C.R.S. § 32-20-102

32-20-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a)  It is in the best interest of the state and its citizens and a public purpose to

enable and encourage the owners of eligible real property to invest in new energy improvements, including energy efficiency improvements and renewable energy improvements, sooner rather than later by creating the Colorado new energy improvement district and authorizing the district to establish, develop, finance, implement, and administer a new energy improvement program that includes both energy efficiency improvements and renewable energy improvements to assist any such owners who choose to join the district in completing new energy improvements to their property because:

(I)  New energy improvements, including energy efficiency improvements and