Colorado Painting Contractor Law
Colorado Code · 6 sections
The following is the full text of Colorado’s painting contractor law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 25-15-311
25-15-311. Disposition of fines and penalties - repeal. (1) Except as described in subsection (2) of this section, all receipts from penalties or fines collected under sections 25-15-309 and 25-15-310 shall be credited to the general fund of the state.
(2) (a) On and after July 1, 2025, all receipts from penalties or fines collected
under sections 25-15-309 and 25-15-310 shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (2) continue only until such time as the total amount of penalties and fines collected pursuant to sections 25-7-511, 25-15-309, and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars.
(b) This subsection (2) is repealed, effective June 30, 2027.
Source: L. 81: Entire article R&RE, p. 1358, � 1, effective July 1. L. 2024: Entire
section amended, (HB 24-1457), ch. 356, p. 2433, � 3, effective August 7.
Editor's note: Although the act repealing and reenacting this article was
effective July 1, 1981, this section was not effective until November 2, 1984. (See � 25-15-102 (3).)
C.R.S. § 25-16-312
25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal. (1) The rural housing and development asbestos and lead paint abatement pilot grant program, referred to in this section as the pilot grant program, is established in the department. The pilot grant program may award grants, beginning July 1, 2025, to local governments in rural communities to offset costs associated with the abatement of asbestos and lead paint in:
(a) Housing;
(b) Commercial buildings; and
(c) Other development projects.
(2) To be eligible for a grant from the pilot grant program, a local
government must submit an application to the department. The application must:
(a) For renovation or demolition sites, include an inspection report consistent
with the rules adopted pursuant to section 25-7-503 detailing asbestos-containing materials in excess of trigger levels;
(b) For renovation of lead-based paint abatement sites, include a description
of eligibility that the facility meets the definition in section 25-7-1102 (2) or (7);
(c) For both asbestos and lead-based paint abatement, renovation, or
demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and
(d) Include an assessment of the needs of the local government's rural
communities specific to:
(I) The health and environmental impacts of asbestos- and lead-paint-contaminated structures;
(II) The presence or lack of certified asbestos abatement or lead paint
abatement personnel or supervisors operating within, or traveling to, rural communities for abatement projects;
(III) The cost of acquiring certified asbestos abatement or lead paint
abatement personnel or supervisors within rural communities;
(IV) The proximity to, and availability of, asbestos and lead paint disposal
facilities; and
(V) Community impacts on economic development and affordable housing.
(3) (a) The rural housing and development asbestos and lead paint
abatement fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money generated from penalties and fines collected pursuant to sections 25-15-309 and 25-15-310, as described in section 25-15-311; penalties collected pursuant to section 25-7-511; and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) The state treasurer shall credit any unexpended and unencumbered
money remaining in the fund at the end of a state fiscal year to the fund; except that, on June 30, 2027, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund to the general fund.
(d) Subject to annual appropriation by the general assembly, the department
may expend money to award grants as described in subsection (1) of this section.
(4) As used in this section, unless the context requires otherwise, rural
community has the meaning set forth in section 39-22-526 (1)(b)(II).
(5) This section is repealed, effective July 1, 2027.
Source: L. 2024: Entire section added, (HB 24-1457), ch. 356, p. 2431, � 1,
effective August 7.
ARTICLE 16.5
Colorado Sustainability
Editor's note: This article 16.5 was added in 1992. It was repealed and
reenacted in 2024, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 16.5 prior to 2024, consult the 2023 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 16.5, see the comparative tables located in the back of the index.
25-16.5-101. Short title. The short title of this article 16.5 is the Colorado
Sustainability Act.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-101 as it existed prior
to 2024.
25-16.5-102. Legislative declaration. (1) The general assembly finds that:
(a) The Pollution Prevention Act of 1992, which has been instrumental in
addressing certain environmental concerns over the previous three decades, should be updated to meet the state's evolving sustainability and circularity needs;
(b) Circularity, including waste diversion and aversion, involves more than
diverting waste materials from the landfill. A circular business model prevents waste, uses resources efficiently, prioritizes renewable inputs, and invests in improved product design as a means to maximize a product's value by maximizing the product's usage and lifetime. At the end of a product's useful life, circularity involves recovering and reusing the product and any byproducts created in its manufacturing to make new materials and products.
(c) Waste diversion and aversion, which are important components of
circularity and include organics management:
(I) Extend the useful life of local landfills;
(II) Mitigate greenhouse gas emissions;
(III) Protect the soil relied upon for the state's farmland; and
(IV) Save natural resources;
(d) It is critical to foster and recognize partnerships between governments,
businesses, and communities in achieving the state's sustainability and circularity objectives. Businesses have the potential to lead in environmental stewardship and to play a vital role in reaching these objectives.
(e) Efforts to improve sustainability services and circularity in the state,
including by providing coaching and recognition of businesses engaged in sustainability and circularity, support Colorado's environment and economy and the social fabric of our state.
(2) The general assembly further finds that:
(a) By merging the recycling resources economic opportunity program and
the front range waste diversion enterprise into a new Colorado circular communities enterprise:
(I) The impact of waste disposal throughout the state can be minimized, and,
as a result, the state's natural beauty and resources can be better maintained;
(II) Increased services may be provided to the waste disposal site operators
that pay fees, as well as to residents and businesses throughout the state; and
(III) More diverse, equitable, efficient, and innovative solutions to waste
management can be implemented through the evolving field of circularity, including regional and statewide solutions that benefit communities outside of the front range; and
(b) Through the development of regional solutions, public-private
partnerships, and extended project periods, the Colorado circular communities enterprise will provide local governments, businesses, nonprofits, and other eligible entities with enhanced project design options to support community projects that will provide environmental and economic benefits throughout the state.
(3) Therefore, the general assembly declares that:
(a) The modernization of the Pollution Prevention Act of 1992 is necessary
to build a comprehensive framework for advancing sustainability and circularity efforts in the state through technical assistance, financial assistance, and recognition of innovative leaders in sustainable operations; and
(b) This article 16.5 fosters environmental sustainability by seeking to strike
a balance between economic growth and environmental care in a manner that meets the needs of current generations in the state without compromising the needs of future generations.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-102 as it existed prior
to 2024.
25-16.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Circular economy has the meaning set forth in section 25-17-601 (2).
(2) Colorado circular communities enterprise or enterprise means the
Colorado circular communities enterprise created in section 25-16.5-109 (3).
(3) Department means the department of public health and environment.
(4) Federal act means the federal Emergency Planning and Community
Right-to-know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499.
(5) Hazardous substance means those chemicals defined as hazardous
substances under section 313 of the federal Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), as amended, and sections 101 (14) and 102 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. sec. 9601 et seq., as amended.
(6) Local government means a statutory or home rule city, county, or city
and county.
(7) Organic materials has the meaning set forth in section 25-17-901 (5).
(8) School means:
(a) A school of a school district;
(b) A district charter school, as defined in section 22-11-103 (12);
(c) An institute charter school, as defined in section 22-30.5-502 (6);
(d) An approved facility school, as defined in section 22-2-402 (1); or
(e) A board of cooperative services, as defined in section 22-5-103 (2).
(9) State institution of higher education has the meaning set forth in
section 23-18-102 (10).
(10) Sustainability means nonregulatory activities that, for both current
and future generations, protect the environment, support local and state economics, and promote public health.
(11) Waste diversion and aversion or waste diversion or aversion means
the sustainable design, production, distribution, consumption, recoverability, reuse, waste prevention, repair, collection, and recycling of a variety of materials, including construction and demolition materials, single-stream materials, technology and electronic materials; food recovery; and the composting of raw and reused materials, including organic materials.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1112, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-103 as it existed prior
to 2024.
25-16.5-104. Recycling resources economic opportunity fund - creation -
repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1,
effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.5 as it existed prior to 2024.
(2) Subsection (5) provided for the repeal of this section, effective October 1,
-
(See L. 2024, p. 1113.)
25-16.5-105. Recycling resources economic opportunity program - grants - repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1, effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.7 as it existed prior to 2024.
(2) Subsection (3) provided for the repeal of this section, effective October 1, 2025. (See L. 2024, p. 1113.)
25-16.5-106. Statewide voluntary sustainability program. (1) The department shall establish a statewide, voluntary program that:
(a) Encourages, supports, and rewards businesses, such as for-profit entities, nonprofits, local governments, schools, and state institutions of higher education; and
(b) Moves the state toward evidenced sustainability.
(2) In implementing the statewide voluntary program, the department may:
(a) Provide assessments and technical assistance to businesses seeking to increase sustainability in their operations;
(b) Facilitate business collaborations and peer-to-peer support;
(c) Establish regional partnerships and partnerships with local governments, where partners consistently apply the department framework for achieving sustainable business operations;
(d) Support businesses in marketing their sustainability achievements and efforts;
(e) Recognize businesses' sustainability achievements;
(f) Promote funding opportunities that can assist businesses with achieving their sustainability goals;
(g) Provide services and funding to assist small businesses;
(h) To the extent funding is available, provide annual training that includes food waste prevention and reduction strategies, develop a food waste reduction guidance document, place the document on the department's public website, and update the document at least annually; and
(i) At the discretion of the department, deliver additional sustainability services to meet business needs.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1. L. 2025: (2)(g) and (2)(h) amended and (2)(i) added, (HB 25-1166), ch. 90, p. 372, � 1, effective August 6.
25-16.5-107. Pollution prevention fees. (1) (a) The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows:
(I) Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;
(II) Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and
(III) Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
(b) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 FR 41981 (1993), the department has the authority to collect pollution prevention fees.
(c) Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.
(d) Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.
(e) Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).
(f) It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.
(2) The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-108 as it existed prior to 2024.
25-16.5-108. Pollution prevention fund - created. (1) There is created in the state treasury the pollution prevention fund. Any money collected pursuant to section 25-16.5-107 is credited to the fund. All interest derived from the deposit and investment of money in the fund is credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
(2) The money generated from the pollution prevention fees pursuant to section 25-16.5-107 is annually appropriated to the department to cover the direct and indirect costs for sustainability services set forth in section 25-16.5-106. The money in the fund shall not be used for the enforcement of any state law or regulation governing environmental protection.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1115, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-109 as it existed prior to 2024.
25-16.5-109. Colorado circular communities enterprise - fund - goals - grant program - personal property tax reimbursements - gifts, grants, or donations - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly:
(a) Finds that:
(I) Colorado has one of the lowest rates of waste diversion in the United States, recycling only about twelve percent of our waste compared to thirty-five percent nationwide;
(II) Colorado disposed of a record amount of trash in landfills in 2017, over nine million tons, while there was essentially no increase in the municipal waste diversion rate;
(III) Recycling, reuse, and remanufacturing contribute almost nine billion dollars to the Colorado economy annually, yet we are throwing away in our landfills more than one-quarter billion dollars' worth annually of recyclable material, such as aluminum, cardboard, paper, glass, and plastics, which material could have been recycled here in Colorado, thereby creating local jobs and strengthening local economies;
(IV) Recycling creates an average of nine times more jobs per ton of waste than does disposal in a landfill, and recycling is one of the fastest, easiest, and most cost-effective ways to reduce greenhouse gas emissions;
(V) The front range:
(A) Generates about eighty-five percent of the waste statewide and has most of the infrastructure in place to divert waste from landfills; and
(B) Has higher densities of waste producers and recycling facilities than the rest of the state and thus fewer challenges regarding long distances to recycling facilities and markets;
(VI) To support waste diversion efforts, the average family living along the front range pays about eighty-six cents per year in the form of user fees assessed at fourteen cents per cubic yard of waste disposed of at attended landfills, which fees are used to support waste diversion efforts; and
(VII) Circularity can only be achieved when working collaboratively across the state to maximize the use of local materials and the local use of end products;
(VIII) Circularity and waste diversion and aversion infrastructure is needed statewide through a combination of local, regional, and statewide solutions; and
(IX) Circularity services, including waste diversion and aversion, support operators of attended solid waste disposal sites, waste producers, and persons paying the fee by extending the useful life of landfills, supporting expansion of fee services to meet community demand for composting and recycling services, and establishing local uses for collected materials that reduce the transportation costs of operators of attended solid waste disposal sites, waste producers, and persons paying the fee;
(b) Determines that:
(I) A circular economy, including waste diversion and aversion, has substantial economic and environmental benefits for the state;
(II) The opportunity for improvement is great, yet the state lacks:
(A) A sufficient funding source to make these improvements; and
(B) A coherent circular economy policy, including waste diversion and aversion policies, at the local level; and
(III) It is in the state's interest to provide financial and technical assistance to communities to develop a circular economy and reach their waste diversion and aversion goals through technical assistance and a grant and funding opportunity program financed by user fees; and
(c) Declares that:
(I) Providing technical assistance, grants, and funding opportunities to support a circular economy, including waste diversion and aversion, constitutes a valuable service and benefit, and the Colorado circular communities enterprise provides useful business services to waste producers when, in exchange for payment of user fees, it provides technical assistance and awards grants or funding financed by the fees to entities that promote a circular economy, including waste diversion and aversion;
(II) It is necessary, appropriate, and in the best interest of the state to acknowledge that by providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(III) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the user fee collected by the enterprise is a fee, not a tax, because the fee is imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section to waste producers that ultimately pay the fee and is collected at rates that are reasonably calculated based on the benefits received by those waste producers;
(IV) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the user fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G); and
(V) This section is necessary to provide incentives to local governments, for-profit waste management and waste diversion companies, state institutions of higher education, nonprofit organizations, or other entities that the board identifies as pursuing a circular economy for the state, including waste diversion and aversion.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Board means the board of directors of the enterprise.
(b) Circular economy development center means the circular economy development center created in section 25-17-602 (1).
(c) (I) Eligible entity means the following entities located or providing services in Colorado:
(A) Cities, counties, and cities and counties;
(B) Nonprofit and for-profit businesses promoting a circular economy, including waste diversion or aversion;
(C) State institutions of higher education and public or private schools; and
(D) Any other entity identified by the board as supporting or pursuing a circular economy for Colorado, including waste diversion and aversion.
(II) Eligible entity includes an entity listed in subsection (2)(c)(I) of this section that is locating to Colorado after recruitment by the circular economy development center pursuant to section 25-17-602 (1)(d) and in accordance with subsection (2)(c)(III) of this section.
(III) To qualify as an eligible entity by locating to Colorado after recruitment pursuant to subsection (2)(c)(II) of this section, an entity that is locating to Colorado must demonstrate that it has:
(A) Been in business in another jurisdiction for a minimum of three years;
(B) Identified a Colorado location to relocate or expand its business to;
(C) Registered with the Colorado secretary of state; and
(D) Been recommended by the circular economy development center.
(d) Enterprise means the Colorado circular communities enterprise created in subsection (3) of this section.
(e) Fee or fees means money collected by means of the user fees authorized by section 25-16-104.5 (3.9).
(f) Fund means the Colorado circular communities cash fund created in subsection (4) of this section.
(g) (I) Grant and funding program means the Colorado circular communities grant and funding program created in subsection (6) of this section.
(II) Grant and funding program includes:
(A) Grants;
(B) Purchases;
(C) Loans;
(D) Rebates;
(E) Noncompetitive formula funding; and
(F) Funding that may result from a request to the board from one or more public or private partners across multiple jurisdictions.
(h) Producer responsibility program means the producer responsibility program for statewide recycling established pursuant to part 7 of article 17 of this title 25.
(i) Share table means a station where a student may return whole food or beverage items that the student chooses not to consume. Returned food and beverage items are then available for redistribution to other students as necessary to prevent food waste and in compliance with federal, state, and local health and food safety requirements.
(3) Enterprise. (a) There is created in the department the Colorado circular communities enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of collecting the fee charged to waste producers and using the fee to provide grants, funding, and technical assistance and to pay for studies to promote a circular economy, including waste diversion and aversion. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) The enterprise's primary powers and duties are to:
(I) Collect the fee;
(II) Promote a circular economy, including waste diversion and aversion, by providing technical assistance and issuing grants and funding, as specified in subsection (6) of this section;
(III) Issue revenue bonds payable from the revenues of the enterprise to promote a circular economy, including waste diversion and aversion, as specified in this section;
(IV) Publish each year, on the department's website and as otherwise deemed appropriate by the board, the strategies that the board has prioritized for funding through the grant and funding program;
(V) Adopt, amend, or repeal policies for the regulation of the enterprise's affairs and the conduct of its business consistent with this section, including establishing application, review, approval, reporting, and other requirements for grants and funding;
(VI) Engage the services of contractors, consultants, and legal counsel, including the department and the attorney general's office, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department shall provide office space and administrative staff to the enterprise pursuant to a contract entered into pursuant to this subsection (3)(c)(VI).
(VII) In coordination with the department, pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center;
(VIII) Repealed.
(IX) Ensure continuity of enterprise operations. To ensure continuity, any grant agreement or contract entered into by the front range waste diversion enterprise board pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board. The chair of the front range waste diversion board or the chair's designee is authorized to assign any contract or agreement of the front range waste diversion enterprise board on behalf of the dissolved front range waste diversion enterprise board to the circular communities enterprise board until January 31, 2025. The department is authorized to administer the services on behalf of the enterprise in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.
(d) (I) The enterprise is governed by a board of directors. The executive director of the department shall appoint the following thirteen members of the board:
(A) One member representing the department; and
(B) Twelve members who, to the extent practicable, represent a balance of for-profit and nonprofit businesses and local governments and meet the eligibility requirements set forth in subsections (3)(d)(II) and (3)(d)(III) of this section.
(II) Members appointed pursuant to subsection (3)(d)(I)(B) of this section must have expertise in one or more of the following areas:
(A) The circular economy;
(B) Producer responsibility;
(C) Environmental health and safety;
(D) Circular economy or renewable energy business development or investment;
(E) Economic development;
(F) Public finance; or
(G) Expertise in statewide or community-wide waste diversion or aversion planning and implementation.
(III) When appointing members of the board, the executive director of the department shall ensure that, to the extent practicable:
(A) At least three members represent a local government, and at least one of the three members lives in or represents a community outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5);
(B) At least three members represent waste haulers or landfill operators;
(C) At least three members live in or represent communities outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5); and
(D) At least one member represents an organization that works to reduce burdens experienced by disproportionately impacted communities.
(e) The member appointed pursuant to subsection (3)(d)(I)(A) of this section shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. Each member of the board is entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending an official board meeting.
(f) The term of office of board members is three years; except that the initial term of five members appointed pursuant to subsection (3)(d)(I)(B) of this section is two years. Members may serve for multiple consecutive or nonconsecutive terms.
(4) Fund. (a) There is created in the state treasury the Colorado circular communities cash fund. The fund consists of money credited to the fund pursuant to sections 25-16-104.5 (3.9) and 18-4-511 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The enterprise is exempt from section 24-77-108.
(b) Money in the fund is continuously appropriated to the enterprise to:
(I) Cover the direct and indirect costs for administering the enterprise and its services;
(II) Award grants and funding in accordance with this section;
(III) Provide technical assistance, including through the development and implementation of public policy, to eligible entities to promote a circular economy, including waste diversion and aversion;
(IV) Pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center; and
(V) Repealed.
(c) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(d) Repealed.
(5) Circular economy promotion. (a) The enterprise shall promote a circular economy in the state, including waste diversion and aversion. In promoting a circular economy, the enterprise shall consider:
(I) Promoting reuse of natural resources and reduction of greenhouse gas emissions;
(II) Incentivizing Colorado businesses to:
(A) Use materials that Coloradans recycle and compost;
(B) Produce new products that meet known health and safety standards;
(C) Maximize the recovery and reuse of byproducts during the manufacturing process; and
(D) Minimize waste when manufacturing, selling, or distributing products;
(III) Incentivizing and supporting local, regional, and statewide infrastructure, systems, logistics, studies, and marketing to help create a sustainable circular economy;
(IV) Creating local jobs, developing Colorado's workforce, supporting regional businesses, and diversifying current and new end markets;
(V) Supporting circular economy and sustainable resource education;
(VI) Extending the useful life of local landfills;
(VII) Supporting statewide municipal waste diversion and aversion and waste reduction goals; and
(VIII) Reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs.
(b) To the extent practicable, in prioritizing and designing its services, the enterprise shall coordinate with:
(I) The circular economy development center;
(II) The producer responsibility program and nonprofit organization that the executive director of the department designates pursuant to section 25-17-705 (1)(b)(II) as the producer responsibility organization to implement and administer the producer responsibility program;
(III) The office of economic development created in section 24-48.5-101 (1); and
(IV) Any similar public and private initiatives identified by the board as supporting a circular economy.
(6) Grant and funding program. (a) (I) The enterprise shall administer the grant and funding program and, subject to available revenue, shall award grants and funding from the fund as provided in this subsection (6).
(II) Before distributing money, the board shall assess and determine an equitable distribution of money from the fund for rural counties. This assessment may occur within each grant or funding opportunity or within the overall distribution of money, as determined by the board.
(III) If the grant applications or funding requests are insufficient to achieve the desired distribution, the board may distribute money in a manner that deviates from the equitable distribution determined by the board, but the board shall then evaluate and identify strategies to work toward an equitable distribution of money from the fund for future grant and funding opportunities.
(b) (I) The purpose of the grant and funding program is to provide economic and technical assistance to eligible entities in their efforts to promote a circular economy, including waste diversion and aversion, as described in this section.
(II) The board shall establish criteria to evaluate and prioritize applications or requests for grants or awards of funding. As part of the services that the board may contract for the enterprise pursuant to subsection (3)(c)(VI) of this section, the department shall review applications and requests for funding utilizing criteria that the board establishes.
(III) (A) Subject to subsection (6)(b)(III)(B) of this section, in reviewing applications and requests for funding, the department may engage stakeholders to inform the design of, identify gaps in, or assist in the review process or to gain increased understanding of topics that may merit inclusion in the approved project activities and deliverables, such as industry standards, environmental health and safety standards, business requirements, economic or investment considerations, or similar topics that will support the successful implementation of an approved project.
(B) In engaging a stakeholder, the department shall determine that the stakeholder does not have a conflict of interest regarding the grant application or funding request being designed or reviewed or, if the stakeholder has a conflict of interest, that the conflict can be managed through business practices, including disclosures and recusals, to maximize fairness across all applicants and entities requesting funding. A board member may serve as a stakeholder for the purpose of this subsection (6)(b)(III) if the board member does not have a conflict of interest or the conflict of interest can be managed in the same manner as other stakeholders.
(IV) The department shall develop grant and funding recommendations for the board that include the recommended grant or funding recipient, the project and its contribution to a circular economy, the grant or funding award amount, the duration of the grant, and whether the grant benefits rural areas of the state. The board shall review the department's recommendations in awarding grants or funding.
(c) At a minimum, at the time of application or request for funding or, if appropriate as determined by the board, at the time of awarding a grant or funding, an award of a grant or of funding must include the following information:
(I) A narrative description of the project;
(II) A description of how the project promotes a circular economy, including waste diversion and aversion;
(III) The amount of in-kind contributions or matching funds, if any, that the applicant or outside sources will provide for the project budget; and
(IV) For nonprofit and for-profit grant project applications, whether there is local government support for the grant application.
(d) Grant and funding recipients may use the money received through the grant and funding program for staffing, supplies, equipment, marketing and communications, planning, policy research and development, community engagement, and programming and services required by the board.
(e) The board shall:
(I) Use its best efforts to award grants within ninety days after receipt of applications and to award other funding as soon as practicable;
(II) Not allocate more than fifty percent of the annual fee revenue in any single grant award;
(III) Include a scope of work or conditions of funding, including mileposts and deadlines for achievement of specified goals, in grant award and funding agreements; and
(IV) Determine the criteria for measuring progress. The board shall consider a grantee's or funding recipient's progress in awarding further grants to the grantee or funding to the funding recipient.
(f) (I) A grantee or funding recipient shall report to the board on the progress of the project financed by the grant or award of funding pursuant to terms specified by the board but no less than on an annual basis.
(II) The board may develop a policy regarding a grantee's noncompliance with the grant or funding agreement entered into by the grantee or funding recipient and the board, which policy may include a mechanism for the board to convert the grantee's grant or funding award to a loan with interest. Nothing in this subsection (6)(f) limits the board's authority to address noncompliance with action up to and including termination of the grant or funding agreement.
(7) Reporting. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over environment matters regarding:
(a) The unobligated balance of the fund;
(b) An overview of the grants and funding awarded and of any technical assistance provided;
(c) The progress toward achievement of a circular economy, including waste diversion and aversion, and the primary factors facilitating and inhibiting that progress; and
(d) Any suggested legislation or policy changes.
(8) Repeal. (a) This section is repealed, effective September 1, 2032.
(b) The state treasurer shall transfer any money remaining in the fund on September 1, 2032, to the general fund.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1116, � 1, effective July 1. L. 2025: (2)(i) and (5)(a)(VIII) added and (5)(a)(VI) and (5)(a)(VII) amended, (HB 25-1059), ch. 77, p. 327, � 2, effective August 6.
Editor's note: Subsections (3)(c)(VIII)(B), (4)(b)(V)(B), and (4)(d)(II) provided for the repeal of subsections (3)(c)(VIII), (4)(b)(V), and (4)(d), respectively, effective July 1, 2025. (See L. 2024, p. 1116.)
25-16.5-110. Stakeholder feedback - report. (1) Stakeholders may provide the department with feedback about the effectiveness of the enterprise, including any factors that facilitate or inhibit progress, which factors may relate to the enterprise itself or to other areas such as the circular economy development center or producer responsibility program. At any time the department chooses, the department shall share the feedback with the board to inform the board's strategies and decisions.
(2) By January 1, 2030, the department, after engaging stakeholders, shall submit a report to the committees of reference of the general assembly with jurisdiction over environmental matters regarding the enterprise and any recommendations. The department's recommendations in the report may include:
(a) The statutory repeal date of the enterprise, if any;
(b) Enterprise fee amounts, including a proposed schedule for fee increases or a recommendation to move to a single, statewide fee; and
(c) Progress toward delivering statewide services.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1126, � 1, effective July 1.
ARTICLE 17
Waste Diversion and Recycling
PART 1
RECYCLING OF PRODUCTS
C.R.S. § 25-17-404
25-17-404. Paint stewardship program plan - assessment - rules - fees. (1) Effective July 1, 2015, no producer shall sell, offer for sale, or distribute architectural paint in Colorado unless the producer is implementing or participating in a paint stewardship program approved by the executive director. The executive director may approve an earlier start date as part of his or her approval of a paint stewardship program plan submitted in accordance with subsection (2) of this section. A paint stewardship program must commence within ninety days after the executive director's approval of the paint stewardship program plan.
(2) One or more producers, or a stewardship organization contracted by one
or more producers, shall submit for approval a paint stewardship program plan to the executive director by January 1, 2015. To be approved, a paint stewardship program plan must:
(a) Identify the following:
(I) A list of each producer participating in the program;
(II) The contact information for the producer or stewardship organization
implementing the program; and
(III) A list of all brands covered by the program;
(b) Describe the manner in which the program will collect, transport, reuse,
recycle, and process postconsumer architectural paint, including a description of the following:
(I) Energy recovery and disposal; and
(II) Standards to ensure the use of environmentally sound management
practices, including collection standards;
(c) Describe the manner in which the program will collect postconsumer
architectural paint. At a minimum, a program plan must establish collection practices that:
(I) Provide convenient collection sites throughout the state;
(II) To ensure adequate collection coverage, use demographic and
geographic information modeling to determine the number and distribution of collection sites based on the following criteria:
(A) At least ninety percent of Colorado residents must have a permanent
collection site within a fifteen-mile radius of their homes;
(B) An additional permanent site must be provided for every thirty thousand
residents of an urbanized area, as defined by the United States census bureau, and distributed in a manner that provides convenient and reasonably equitable access for residents within each urbanized area, unless the executive director approves otherwise; and
(C) For the portion of Colorado residents who will not have a permanent
collection site within a fifteen-mile radius of their homes, the plan must provide collection events at least once per year; and
(III) Include specific information on how to serve geographically isolated
populations and a proposal for how to measure and report service to those populations. This information must include a description of how the program will work with existing recyclers and local governments that wish to continue to be involved in paint recycling and collection.
(d) Notwithstanding the requirements of subparagraphs (I) and (II) of
paragraph (c) of this subsection (2), the plan may, in lieu of providing collection sites for a specified geographic area or population, identify an available curbside service that provides access to residents that is at least as convenient and equitably accessible as a collection site;
(e) Describe how the paint stewardship program will incorporate and fairly
compensate service providers for activities that may include:
(I) For services such as permanent collection sites, collection events, or
curbside services, the coverage of costs for collecting postconsumer architectural paint and architectural paint containers;
(II) The reuse or processing of postconsumer architectural paint at a
permanent collection site; and
(III) The transportation, recycling, and proper disposal of postconsumer
architectural paint;
(f) Provide a list of the names, locations, and hours of operation for facilities
accepting postconsumer architectural paint for recycling under the program;
(g) Identify one or more designated persons responsible for:
(I) Ensuring the program's compliance with this part 4 and the rules
promulgated under this part 4; and
(II) Serving as a contact person for the department with respect to the paint
stewardship program;
(h) Describe the manner in which the program will achieve the following
goals:
(I) Reducing the generation of postconsumer architectural paint;
(II) Promoting the reuse of postconsumer architectural paint; and
(III) Using best practices that are both environmentally and economically
sound to manage postconsumer architectural paint. These practices should follow a waste handling hierarchy, which provides a preference for source reduction, then reuse, followed by recycling, energy recovery, and finally waste disposal.
(i) Include an education and outreach program that must:
(I) Target consumers, painting contractors, and paint retailers;
(II) Reach all architectural paint markets served by the participating
producers; and
(III) Include a methodology for evaluating the effectiveness of the education
and outreach program on an annual basis, including methods for determining the percentage of consumers, painting contractors, and retailers who are aware of:
(A) Ways to reduce the generation of postconsumer architectural paint; and
(B) Opportunities available for the reuse and recycling of postconsumer
architectural paint;
(j) (I) Demonstrate sufficient funding for the architectural paint stewardship
program described in the plan through the imposition of a paint stewardship assessment that each producer shall charge retailers and distributors for each container of the producer's architectural paint sold in Colorado. Each producer shall remit the paint stewardship assessments collected to the paint stewardship program. Each retailer and distributor shall add the amount of the paint stewardship assessment to the purchase price of a container of the producer's architectural paint sold in Colorado. The paint stewardship program must not impose any fees on customers for the collection of post-consumer architectural paint.
(II) To ensure that a paint stewardship program's funding mechanism is
equitable and sustainable, the funding mechanism must:
(A) Provide a uniform paint stewardship assessment that does not exceed
the amount necessary to recover program costs; and
(B) Require that any funds generated by the aggregate amount of fees
charged to consumers be placed back into the program.
(k) Include a proposed budget and a description of the process used to
determine the paint stewardship assessment required by paragraph (j) of this subsection (2).
(3) (a) The executive director shall review a paint stewardship program plan
submitted in accordance with subsection (2) of this section for compliance with this part 4, including a review of the proposed paint stewardship assessment required by paragraph (j) of subsection (2) of this section, to ensure that the paint stewardship assessment does not exceed an amount necessary to recover program costs. The executive director shall approve or reject a plan in writing within ninety days after receipt of the plan. If a plan meets the criteria of subsection (2) of this section, the executive director shall approve the plan. If the executive director rejects a plan, the executive director shall include in the written rejection the reason or reasons for rejecting the plan.
(b) (I) If the executive director approves a paint stewardship program plan,
the executive director shall add:
(A) The producer or group of producers participating in the paint
stewardship program plan to a list of producers participating in an approved paint stewardship program plan; and
(B) The brands being sold by the producer or group of producers to a list of
brands included in an approved paint stewardship program plan.
(II) The executive director shall publish the lists on the department's
website, and he or she shall update the published lists as necessary.
(c) The executive director's rejection of a paint stewardship program plan
constitutes a final agency action that may be appealed in accordance with the procedures set forth in section 24-4-106, C.R.S.
(d) If the executive director's decision to reject a paint stewardship program
plan is not appealed pursuant to section 24-4-106, C.R.S., or the executive director prevails on appeal, the producer, group of producers, or stewardship organization that submitted the paint stewardship program plan must submit a revised plan within ninety days after the date on which the executive director's decision was affirmed or, if no appeal was pursued, the date on which the time for appeal expired. The revised plan must provide the information required by subsection (2) of this section. The executive director shall approve or reject a revised plan under the procedure set forth in paragraph (a) of this subsection (3). The executive director's rejection of a revised plan may be appealed in accordance with section 24-4-106, C.R.S.
(4) When submitting a paint stewardship program plan, a revised plan, or an
annual report, as required by section 25-17-405, one or more producers or a stewardship organization contracted by one or more producers shall pay a paint stewardship program plan fee, revised plan fee, or annual report fee in an amount that the commission has established or adjusted by rule. In establishing or adjusting a fee by rule, the commission shall consult with the executive director and, as needed, with an association of producers.
(5) The aggregate amount of fees charged to consumers pursuant to this
section shall be in an amount not to exceed the actual cost of the program.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1866, � 1,
effective August 6.
C.R.S. § 25-17-405
25-17-405. Paint stewardship program requirements - annual reports - customer information. (1) A paint stewardship program must be financed and either managed or contracted by a producer or group of producers. The program must be implemented statewide and include:
(a) The collection, transportation, reuse, recycling, and disposal of
postconsumer architectural paint; and
(b) Initiatives to reduce the generation of postconsumer architectural paint.
(2) A paint stewardship program shall comply with any fire, hazardous waste,
or other relevant ordinances or resolutions adopted by a local government.
(3) (a) On or after March 31 of the second year of a paint stewardship
program's implementation, and annually thereafter, one or more participating producers, or a stewardship organization contracted by one or more producers, shall submit a report to the executive director describing the progress of the paint stewardship program. The paint stewardship program report must include the following information from the preceding calendar year:
(I) A description of the method or methods used to reduce, reuse, collect,
transport, recycle, and process postconsumer architectural paint;
(II) The total volume, in gallons, and type of postconsumer architectural
paint collected, with the data broken down by:
(A) Collection site; and
(B) Method of waste handling used to handle the collected postconsumer
architectural paint, such as reuse, recycling, energy recovery, or waste disposal;
(III) The total volume, in gallons, of postconsumer architectural paint sold in
Colorado by the producer or producers participating in the paint stewardship program;
(IV) For the education and outreach program implemented in compliance
with section 25-17-404 (2)(i):
(A) Samples of any materials distributed; and
(B) A description of the methodology used and the results of the evaluation
conducted pursuant to section 25-17-404 (2)(i)(III). The results must include the percentage of consumers, painting contractors, and retailers made aware of the ways to reduce the generation of postconsumer architectural paint, available opportunities for reuse of postconsumer architectural paint, and collection options for postconsumer architectural paint recycling.
(V) The name, location, and hours of operation of each facility added to or
removed from the list developed in accordance with section 25-17-404 (2)(f);
(VI) Any proposed changes to the paint stewardship program plan. The
executive director shall review any proposed changes set forth in the annual report in accordance with the review procedures for a revised plan, as set forth in section 25-17-404 (3).
(VII) A copy of an independent third party's report auditing the paint
stewardship program. The audit must include a detailed list of the program's costs and revenues.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the executive director shall
annually compile the results of the reports received pursuant to subsection (3)(a) of this section into a general report describing the progress of the paint stewardship programs. The executive director shall annually present the report to the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or their successor committees.
(4) As part of the education and outreach program set forth in section 25-17-404 (2)(i), a producer shall distribute paint stewardship program information to all
retailers offering the producer's architectural paint for sale. The information may include the following:
(a) Signage that is prominently displayed and easily visible to the consumer;
(b) Written materials that may be provided to the consumer at the time of
purchase or delivery or both and templates of those materials for reproduction by the retailer; and
(c) Promotional materials including advertising materials that reference the
architectural paint stewardship program.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1870, � 1, effective
August 6. L. 2017: (3)(b) amended, (SB 17-056), ch. 33, p. 94, � 9, effective March 16.
C.R.S. § 25-7-511
25-7-511. Enforcement - repeal. (1) Whenever the division has reason to believe that any person has violated any of the provisions of this part 5 or the rules and regulations promulgated thereunder, the division may issue a notice of violation and cease-and-desist order. The notice of violation shall set forth the provision, rule, or regulation alleged to have been violated and the facts constituting such violation. The cease-and-desist order shall set forth the measures which the person shall take to eliminate the violation and the time within which these measures shall be performed. The order may require that the person stop work at the asbestos abatement project until the violation has been eliminated or may require a school to submit and implement an asbestos management plan by a date specified by the division.
(2) If the recipient of a cease-and-desist order issued pursuant to subsection
(1) of this section fails to comply with the terms of the order within the time specified, the division may file an action in the district court of the county where the violation is alleged to have occurred requesting that the court order the person to comply with the cease-and-desist order. When the division alleges that the violation poses a significant danger to the health of any person, the court shall grant such action priority.
(3) Unless the division has filed an action in the district court pursuant to
subsection (2) of this section, a recipient of a cease-and-desist order may request a hearing before the commission to contest the cease-and-desist order. Such request shall be filed within thirty days after the cease-and-desist order has been issued. A hearing on the cease-and-desist order shall be held pursuant to section 25-7-119.
(4) Upon a finding by the division that a person is in violation of any of the
provisions of this part 5 or the rules and regulations promulgated thereunder, the division may assess a penalty of up to twenty-five thousand dollars per day of violation or such lesser amount as may be required by applicable federal law or regulation. In determining the amount of the penalty to be assessed, the division shall consider the seriousness of the danger to the public's health caused by the violation, whether or not the violation was willful, the duration of the violation, and the record of the person committing such violation.
(5) A person subject to a penalty assessed pursuant to subsection (4) of this
section may appeal the penalty to the commission by requesting a hearing before the commission. Such request shall be filed within thirty days after the penalty assessment is issued. A hearing pursuant to this subsection (5) shall be conducted pursuant to section 25-7-119.
(6) (a) Except as described in subsection (6)(b) of this section, all penalties
collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.
(b) (I) On and after July 1, 2025, all receipts from penalties collected under
this section shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (6)(b) continue only until such time as the total amount of penalties and fines collected pursuant to this section and sections 25-15-309 and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars.
(II) This subsection (6)(b) is repealed, effective June 30, 2027.
Source: L. 87: Entire part R&RE, p. 1150, � 1, effective July 1. L. 2024: (6)
amended, (HB 24-1457), ch. 356, p. 2433, � 2, effective August 7.
C.R.S. § 29-27-502
29-27-502. Broadband internet service providers' access to a multiunit building. (1) Subject to a property owner's rights to manage access to its property pursuant to subsection (4) of this section, a provider may access and install any necessary broadband facilities to provide high-speed broadband internet service to a multiunit building if:
(a) (I) The provider provides sixty-day prior written notice of intent to access
the property to install the necessary broadband facility to provide broadband internet service to the property owner in accordance with subsection (2) of this section. An owner's failure to respond to the notice within sixty days is deemed to be authorization for access after a minimum of two attempts to notify the owner have been made.
(II) If a property owner is nonresponsive or refuses to engage with the
provider in regard to the aesthetics of the property, the provider shall install broadband facilities in accordance with how the broadband internet service provider has reasonably assessed as meeting the aesthetics of the property.
(b) The provider provides to the property owner an access agreement that:
(I) Complies with all federal laws and regulations, state laws and rules, and
local ordinances, resolutions, and regulations, including any declaratory ruling from the federal communications commission barring exclusive revenue sharing agreements and graduated revenue sharing agreements and any sale and leaseback agreements under which a provider transfers ownership of any inside wire arrangements to the owner of a multidwelling residential building and then leases the wire back from the property owner;
(II) Grants the provider a non-exclusive license to construct, replace,
maintain, repair, operate, remove, and the obligation to install, at the provider's sole expense, all broadband facilities or other equipment necessary or required for distributing any broadband internet service and any accompanying service distributed over the high-speed broadband internet infrastructure only to the extent necessary to provide high-speed broadband internet service to the multiunit building. A property owner reserves sole control over all use and operating rights to any existing or planned wiring and infrastructure that the property owner owns. The provider shall not connect or use any conduit, wiring, or infrastructure owned by or in use by a third-party provider unless the provider is granted permission by the third-party provider that owns any such conduit, wiring, or infrastructure or granted permission to use any such conduit, wiring, or infrastructure by the property owner.
(III) Grants the provider access to the property during normal business hours
or at any time during an emergency to install or repair any broadband facility;
(IV) Requires the provider to obtain consent from any tenant of the multiunit
building or mobile home park prior to entering the tenant's premises and installing or repairing any necessary broadband facility;
(V) Grants the provider all ownership interest in any broadband facility
except where a facility may be deemed to be affixed to the real property and considered a fixture of the property in which the owner of the property retains ownership interest of the fixture;
(VI) Requires the provider to be responsible for maintaining the broadband
facilities in good order and promptly repairing any damage to the property caused by the provider;
(VII) Releases and indemnifies the property owner from any liability for any
damage or loss to the broadband facility, other facilities at the property, or any other property of the property owner except resulting from the owner's willful misconduct or gross negligence or in instances where any such indemnification is contrary to any other state law, any local ordinance, or any local regulations. Nothing in this subsection (1)(b)(VII) shall be construed as alleviating a provider from being liable to a property owner for any repair of damage or loss caused by the provider.
(VIII) Requires the broadband internet service provider to maintain insurance
that will insure its obligations under the access agreement, which coverages shall be in commercially reasonable amounts and shall include coverages for worker's compensation, property damage, and general liability;
(IX) Releases the provider and the property owner from any indirect,
incidental, punitive, or consequential damages of any failure to perform its obligation under the access agreement if the failure is caused by an act of God, accident, fire, act of government, or other cause of similar nature beyond the obligor's reasonable control;
(X) Stipulates that the broadband internet service provider is responsible for
removing the broadband facility and repairing all damage caused by such removal within ninety days of the expiration or termination of the access agreement, at the sole cost and expense of the provider. The broadband internet service provider must leave the broadband facility in place if the facility becomes the property of the multiunit building owner in accordance with laws regarding fixtures.
(XI) Warrants that the provider will not interfere with other services provided
to or used by the multiunit property or require the property owner to provide any services to the provider;
(XII) Includes a full description of the areas of the property where equipment
related to the broadband facility will be located that is reasonably limited to only those areas as necessary to provide high-speed broadband internet service to the multiunit building, is contained within existing utility easements whenever possible, and is subject to the property owner's right to determine the location of the equipment or any relocation of the equipment required by future development of the property;
(XIII) Requires the installation must be done in accordance with industry best
practices, including aesthetic best practices, and in incorporated areas, exterior infrastructure must be at or below grade;
(XIV) Requires the provider to assume all costs for damage related to
construction as a result of the unlocated private utilities on the property;
(XV) Requires the provider to avoid any deviation from the general aesthetics
of a building when installing any broadband facilities when it is practicable and does not cause any undue hardship on the broadband internet service provider;
(XVI) Has a fixed term and is not perpetual in nature;
(XVII) States that the terms, conditions, charges, and fees for broadband
internet services provided to tenants at a property shall be between the provider and individual tenants, that a property owner assumes no liability or responsibility for service charges contracted for by tenants, that all billing and collections from tenants will be accomplished by the provider, and that a property owner has no obligation to provide information regarding tenants or to collect any amounts on behalf of the provider; and
(XVIII) States that a tenant of an individually owned and an owner-occupied
unit in a multiunit residential building, including a condo owner, must obtain approval from the owner of that individually owned unit before a provider may install or provide service to that unit.
(2) The notice required by subsection (1)(a) of this section must be sent by
certified mail, return receipt requested, with a copy sent by email and must:
(a) Contain a statement that the provider:
(I) Is authorized to provide communication services in the property;
(II) Has received a valid request from a tenant in the property and that
identifies the unit occupied by such tenant. In instances where the request for service is made by a tenant in a condominium unit as defined in section 38-33-103, the tenant must provide evidence of prior written consent of the condominium owner in order for the request to be deemed valid.
(III) When installing, operating, maintaining, or removing equipment from the
property, will conform to such reasonable conditions as the property owner deems necessary to protect the safety, functioning, and appearance of the property and the convenience and well-being of all occupants;
(IV) Will pay the property owner just and reasonable compensation for its
use of the property; and
(V) Will indemnify, defend, and hold harmless the property owner for any
damage caused by the installation, operation, maintenance, or removal of its facilities from the property unless any such indemnification is contrary to any other state law, any local ordinance, or any local regulation;
(b) Include a full description of the areas of the property that will be
accessed, a detailed description of the provider's plans and specification for work to be performed and facilities or equipment to be installed, including any required utility connections and the electrical demand of the facilities and equipment to be installed, the type of broadband facility that will be necessary, the expected time frame needed for the deployment of infrastructure, including the date and times that the provider proposes to start and complete the installation; and
(c) Include an explanation of all the legal obligations and rights of the
provider and the owner of the multiunit building in accordance with subsection (1)(b) of this section, including that the property owner has certain limited rights to refuse access to the multiunit property.
(3) Nothing in this section should be construed to permit a provider to
identify and seek repair for any structural deficiencies not related to the direct need for installing the broadband facility or to install broadband facilities for purposes beyond providing service to the multiunit buildings.
(4) For purposes of this section and section 38-12-244, a property owner's
rights to manage access include the property owner's rights to:
(a) Impose conditions on the provider that are reasonably necessary to
protect the:
(I) Safety, security, appearance, and condition of the property; and
(II) Safety and convenience of other persons;
(b) Impose a reasonable limitation on the time at which the provider may
have access to the property for any reason; and
(c) Require the provider to pay compensation for such access that is
reasonable and nondiscriminatory among such telecommunications utilities.
(5) A property owner has the following permitted reasons to refuse access to
the multiunit building:
(a) The provider has failed or refused to comply with reasonable conditions
as set forth in subsection (4) of this section;
(b) The provider is not licensed and authorized;
(c) The provider cannot verify that one or more tenants have made a request
for service;
(d) The property owner can demonstrate that physical limitations at the
property prohibit the provider from installing the facilities and equipment in existing space;
(e) The installation would have significantly adverse effect on historical or
architecturally significant elements of the property;
(f) The installation would result in environmental harm, such as the
disturbance of asbestos or lead paint;
(g) The installation would have significant adverse effect on the ability of
existing providers to provide services to the multiunit building;
(h) The installation would cause undue damage to the multiunit building or
impair the use of the property for the continued provision of essential services to tenants; or
(i) The parties do not resolve a dispute concerning any just and reasonable
compensation to the property owner for allowing access and use of the property through mediation in accordance with section 13-22-305, or, if unable to reach an agreement through mediation, through any ensuing alternative dispute resolution or litigation in which each party is responsible for paying its own costs and expenses.
(6) A property owner shall not discriminate in rental charges or otherwise
against any tenant or lessee requesting or receiving broadband internet service under this section.
(7) If there is a dispute concerning the legal rights and obligations pursuant
to this article, a property owner and provider must attempt to resolve any dispute through the mediation process pursuant to section 13-22-305 before a lawsuit is commenced. If the parties do not attempt to resolve the dispute through mediation in accordance with section 13-22-305, the parties will each pay the cost associated with an alternative dispute resolution.
Source: L. 2024: Entire part added, (HB 24-1334), ch. 218, p. 1354, � 1,
effective August 7.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)