Colorado Plumbing Licensing Law

Colorado Code · 77 sections

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

C.R.S. § 10-1-123

10-1-123. Reporting of claims against plumbers. Each insurance company licensed to do business in this state and engaged in the writing of insurance for plumbers shall send within ninety days to the examining board of plumbers, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed plumber that is settled or in which judgment is rendered against the insured.

Source: L. 2003: Entire article RC&RE, p. 600, � 1, effective July 1.


Editor's note: This section is similar to former � 10-1-124.6 as it existed prior

to 2002.

Cross references: For the provisions concerning plumbers, see article 155 of

title 12.

C.R.S. § 12-10-403.5

12-10-403.5. Broker engagement contracts - residential premises - prohibited terms - definition. (1) As used in this section, unless the context otherwise requires, broker engagement contract means a written contract in which a seller, buyer, landlord, or tenant of a residential premises becomes the client of a broker or agrees to retain the services of a broker in the future and promises to pay the broker a valuable consideration or agrees that the broker may receive a valuable consideration from another person in exchange for the broker:

(a)  Producing a seller, buyer, tenant, or landlord ready, able, and willing to

sell, buy, or rent the residential premises; or

(b)  Performing other services.


(2)  A broker engagement contract must not:


(a)  Purport to be a covenant running with the land or to be binding on future

owners of interests in the real property;

(b)  Allow for assignment of the right to provide service without notice and

agreement of the owner of the residential premises; or

(c)  Purport to create a recordable lien, encumbrance, or other real property

security interest. Any such lien, encumbrance, or other real property security interest is void and unenforceable.

(3)  A person who offers to a consumer a broker engagement contract that

includes a provision in violation of subsection (2) of this section commits an unfair or deceptive trade practice, as provided in section 6-1-105 (1)(uuu).

(4)  This section does not apply to:


(a)  A home warranty service contract, as defined in section 12-10-901 (2)(a);


(b)  A building warranty or similar product that covers the cost of

maintenance of a major housing or building system, such as a plumbing or an electrical system, for a specific period of time after the date on which a house or building is sold;

(c)  An insurance contract;


(d)  An option to purchase, a put requirement to purchase, a right of first

offer, or a right of refusal;

(e)  A declaration created in the formation of a common interest community,

as defined in section 38-33.3-103 (8), or an amendment to the declaration;

(f)  A maintenance or repair agreement entered into by a unit owners'

association, as defined in section 38-33.3-103 (3);

(g)  A loan or a commitment to make or receive a loan, which loan or

commitment is secured by real estate;

(h)  A security agreement under the Uniform Commercial Code relating to

the sale or rental of personal property or fixtures;

(i)  Water, sewer, electrical, telephone, cable, or other regulated utility

service providers; or

(j)  A property management agreement by which the owner of real property

contracts with a party to provide management services for the maintenance, ownership, operation, or lease of a residential premises.

Source: L. 2023: Entire section added, (SB 23-077), ch. 50, p. 179, � 1,

effective August 7.

Cross references: For the Uniform Commercial Code, see title 4.

C.R.S. § 12-10-901

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

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

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

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


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

from outside of the structure to inside the structure; or

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

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

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

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

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

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

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

ceilings, or floors;

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

heating systems, including furnaces; and

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


(b)  Home warranty service contract does not include:


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

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

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


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


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

and every other legal entity.

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

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

(a)  A single-family residence;


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


(c)  A mobile home on a foundation.


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

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

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

to 2019.

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

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-120-403

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. § 12-150-120

12-150-120. Repeal of article - subject to review. This article 150 is repealed, effective September 1, 2030. Before the repeal, the passenger tramway safety 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.

987, � 1, effective October 1; entire section amended, (SB 19-159), ch. 209, p. 2211, � 6, effective October 1.

Editor's note: (1)  This section is similar to former � 25-5-721 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-159.

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 May 17, 2019, to October 1, 2019, see SB 19-159, chapter 209, Session Laws of Colorado 2019.

ARTICLE 155

Plumbers

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

1. This article 155 was numbered as article 58 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.

C.R.S. § 12-155-101

12-155-101. Legislative declaration. (1) The general assembly hereby finds that:

(a)  Improper plumbing can adversely affect the health of the public and that

faulty plumbing is potentially lethal and can cause widespread disease and an epidemic of disastrous consequences;

(b)  To protect the health of the public, it is essential that plumbing be

installed by persons who have proven their knowledge of the sciences of pneumatics and hydraulics and their skill in installing plumbing.

(2)  Consistent with its duty to safeguard the health of the people of this

state, the general assembly hereby declares that individuals who plan, install, alter, extend, repair, and maintain plumbing systems should be individuals of proven skill. To provide standards of skill for those in the plumbing trade and to authoritatively establish what shall be good plumbing practice, the general assembly hereby provides for the licensing of plumbers and for the promulgation of a model plumbing code of standards by the state plumbing board, and this article 155 is therefore declared to be essential to the public interest.

(3)  The general assembly encourages the state plumbing board to adopt and

incorporate by reference appendix C of the International Plumbing Code (I.P.C.), 2009 edition, promulgated by the International Code Council, first printing (January 2009), or the graywater provisions within a newer edition of the I.P.C., whether the provisions are contained in appendix C or elsewhere.

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

987, � 1, effective October 1.

Editor's note: This section is similar to former � 12-58-101 as it existed prior

to 2019.

C.R.S. § 12-155-103

12-155-103. Definitions. As used in this article 155, unless the context otherwise requires:

(1)  Board means the state plumbing board created in section 12-155-104.


(1.2)  Colorado fuel gas code means a code adopted by rule of the board for

the inspection of plumbing fuel gas pipe installations.

(1.4)  Colorado plumbing code or the code means a code established by

the board that consists of standards for plumbing installation, plumbing materials, conservation, medical gas, sanitary drainage systems, and solar plumbing that could directly affect the potable water supply.

(1.6) (a)  Conservation means efficiency measures that meet national

guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including:

(I)  Water-efficient devices and fixtures; and


(II)  The use of locally produced materials, when practicable, to reduce

transportation impacts.

(b)  When conservation conflicts with safety, the board shall give primary

consideration to safety.

(c)  Nothing in this subsection (1.6) affects the board's authority to establish

the Colorado plumbing code as specified in section 12-155-106.

(2)  Gas piping means any arrangement of piping used to convey fuel gas,

supplied by one meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. Gas piping or gas piping system does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility certified pursuant to article 5 of title 40 or a public utility owned or acquired by a city or town pursuant to article 32 of title 31.

(3)  Journeyworker plumber means any person, other than a master

plumber, residential plumber, or plumbing apprentice, who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board.

(4)  Master plumber means a person who has the necessary qualifications,

training, experience, and technical knowledge to properly plan, lay out, and install and repair plumbing apparatus and equipment including the supervision of such in accordance with the standards and rules established by the board.

(5) to (7)  Repealed.


(8) (a)  Plumbing includes the following items located within the building or

extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping; all plumbing fixtures and traps; all drainage and vent pipes; all water conditioning appliances connected to the potable water system; all building drains, including their respective joints and connections, devices, receptacles, and appurtenances; all multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; and all medical gas and vacuum systems in health-care facilities.

(b)  Notwithstanding subsection (8)(a) of this section, the following is not

included within the definition of plumbing:

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

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

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

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

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

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

(9)  Plumbing apprentice means any person, other than a master,

journeyworker, or residential plumber, who, as the person's principal occupation, is engaged in learning and assisting in the installation of plumbing.

(10)  Plumbing contractor means any person, firm, partnership, corporation,

association, or other organization that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ a full-time master plumber. Plumbing contractor does not include a water conditioning contractor, a water conditioning installer, or a water conditioning principal.

(11)  Potable water means water that is safe for drinking, culinary, and

domestic purposes and that meets the requirements of the department of public health and environment.

(12)  Qualified state institution of higher education means:


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

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

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

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

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

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

(13)  Residential plumber means any person, other than a master or

journeyworker plumber or plumbing apprentice, who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground.

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


(14) (a)  Water conditioning contractor means a person that is not a

plumbing contractor and that:

(I)  Undertakes or offers to undertake for another the planning, laying out,

supervising, installing, or making of additions, alterations, or repairs in the installation of water conditioning appliances in one-, two-, three-, or four-family dwellings, which dwellings must not extend more than two stories aboveground; and

(II)  Is required to be registered pursuant to section 12-155-108 (4).


(b)  Repealed.


(15) (a)  Water conditioning installer means a person that is not a licensed

plumber and that:

(I)  Has the necessary qualifications, training, experience, and technical

knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, in accordance with the standards and rules established by the board;

(II)  Is certified by a national water conditioning association recognized by the

board, with the type of certification specified by the board; and

(III)  Is required to be registered pursuant to section 12-155-108 (5).


(b)  Repealed.


(16) (a)  Water conditioning principal means a person that is not a licensed

plumber and that:

(I)  Has the necessary qualifications, training, experience, and technical

knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, including the supervision of the work in accordance with the standards and rules established by the board;

(II)  Is certified by a national water conditioning association recognized by the

board, with the type of certification specified by the board; and

(III)  Is required to be registered pursuant to section 12-155-108 (6).


(b)  Repealed.


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

987, � 1, effective October 1. L. 2022: (13.5) added, (HB 22-1242), ch. 172, p. 1137, � 29, effective August 10. L. 2024: (3), (9), (13), IP(14)(a), IP(15)(a), and IP(16)(a) amended and (14)(b), (15)(b), and (16)(b) repealed, (HB 24-1344), ch. 343, p. 2320, � 1, effective July 1; (3), (9), and (13) amended, (HB 24-1344), ch. 343, p. 2321, � 2, effective July 1, 2025. L. 2025: (1.2), (1.4), and (1.6) added with relocations and (5), (6), and (7) repealed, (HB 25-1306), ch. 204, pp. 925, 926, �� 1, 2, effective August 6.

Editor's note: (1)  This section is similar to former � 12-58-102 as it existed

prior to 2019.

(2)  Amendments to subsections (3), (9), and (13) by sections 1 and 2 of HB 24-1344 were harmonized, effective July 1, 2025.


(3)  Subsections (1.2), (1.4), and (1.6) are similar to former subsections (6), (5),

and (7), respectively, as they existed prior to 2025.

C.R.S. § 12-155-104

12-155-104. State plumbing board - subject to review - repeal of article. (1) There is established in the division the state plumbing board. The board 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 of regulatory agencies.

(2) (a) (I)  The board consists of seven members appointed by the governor,

with the power of removal, and with the confirmation of the senate, as follows:

(A)  One a journeyworker plumber;


(B)  One a master plumber;


(C)  Two engaged in the construction of residential or commercial buildings

as plumbing contractors;

(D)  One engaged in the construction of residential or commercial buildings

as a general contractor;

(E)  One a member or employee of a local government agency conducting

plumbing inspections; and

(F)  One appointed from the public at large.


(II)  A representative of the department of public health and environment

shall serve as an ex officio nonvoting member.

(III)  At least one member shall be a resident of the western slope of the

state, defined as that western part of the state separated from the eastern part of the state by the continental divide.

(b)  A majority of the board shall constitute a quorum for the transaction of

all business.

(3) (a)  Board members are appointed for four-year terms. Any vacancy

occurring in the membership of the board shall be filled by the governor by appointment for the unexpired term of the member.

(b)  The governor may remove any member of the board for misconduct,

incompetence, or neglect of duty.

(4)  Repealed.


(5)  This article 155 is repealed, effective September 1, 2032. Before the

repeal, the board, including provisions related to qualified state institutions of higher education, 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.

990, � 1, effective October 1. L. 2022: (2)(a) and (3)(a) amended, (SB 22-013), ch. 2, p. 14, � 13, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3394, � 121, effective August 10. L. 2024: (4) repealed and (5) amended, (HB 24-1344), ch. 343, p. 2321, � 3, effective July 1; (2)(a)(I)(A) amended, (HB 24-1344), ch. 343, p. 2321, � 4, effective July 1, 2025.

Editor's note: This section is similar to former � 12-58-103 as it existed prior

to 2019.

Cross references: For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 12-155-105

12-155-105. Powers of board - fees - rules. (1) In addition to all other powers and duties conferred or imposed upon the board by this article 155, the board is authorized and empowered to:

(a)  Elect its own officers and prescribe their duties;


(b)  Conduct examinations as required by this article 155;


(c)  Grant the licenses of duly qualified applicants for residential plumbers,

journeyworker plumbers, and master plumbers as provided in this article 155 and pursuant to article 4 of title 24;

(d)  Establish fees for the issuance of a new registration and for each renewal

of registration, pursuant to section 12-20-105;

(e)  Promulgate, adopt, amend, and repeal rules pursuant to section 12-20-204;


(f)  In accordance with article 4 of title 24, prescribe, enforce, amend, and

repeal rules governing the plumbing systems of all buildings in this state;

(g)  Promulgate rules governing the installation and inspection of toilet and

urinal systems and structures for which reclaimed domestic wastewater is used pursuant to section 25-8-205.8 (2)(c)(IV);

(h)  Employ plumbers licensed under this article 155 as journeyworker or

master plumbers as state plumbing inspectors and charge fees for making inspections of plumbing work covered by the Colorado plumbing code in those areas where the local jurisdiction does not conduct inspections and issue permits;

(i)  Conduct investigations and hearings and gather evidence in accordance

with the provisions of sections 12-20-403 and 24-4-105;

(j)  Cause the enjoinder, in accordance with section 12-20-406, of all persons

violating this article 155;

(k)  Inspect gas piping installations pursuant to the provisions of section 12-155-120;


(l)  Find, upon holding a hearing, that an incorporated town or city, county,

city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 155 if a local inspection authority or qualified state institution of higher education has failed to adhere to the minimum standards required by this article 155 within twelve months after the board has adopted the standards by rule pursuant to this subsection (1);

(m)  Issue an order to cease and desist from issuing permits or performing

inspections under this article 155 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 155 under this subsection (1);

(n)  Apply to a court to enjoin an incorporated town or city, county, city and

county, or qualified state institution of higher education from violating an order issued pursuant to subsection (1)(m) of this section.

(2)  Notwithstanding any other provisions to the contrary, the board may, with

regard to manufactured housing that is subject to article 32 of title 24:

(a)  Promulgate, adopt, amend, and repeal rules pursuant to the provisions of

article 4 of title 24 as may be necessary for the inspection of manufactured housing water and sewer hookups;

(b)  Employ inspectors and charge fees for making inspections of

manufactured housing water and sewer hookups.

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

991, � 1, effective October 1. L. 2022: IP(2) amended, (HB 22-1242), ch. 172, p. 1137, � 30, effective August 10. L. 2024: (1)(c) and (1)(h) amended, (HB 24-1344), ch. 343, p. 2322, � 5, effective July 1, 2025.

Editor's note: This section is similar to former � 12-58-104 as it existed prior

to 2019.

C.R.S. § 12-155-106

12-155-106. Colorado plumbing code - amendments - variances - Colorado fuel gas code. (1) In accordance with article 4 of title 24, the board shall establish a Colorado plumbing code, as defined in section 12-155-103 (1.4). The code must represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state.

(2)  Local governments are permitted to amend the code for their

jurisdictions as long as the amendments are at least equal to the minimum requirements set forth in the Colorado plumbing code.

(3)  If petitioned, the board shall annually hold public hearings to consider

amendments to the Colorado plumbing code.

(4)  The board is authorized to review and approve or disapprove requests for

exceptions to the code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens as long as public safety is not compromised.

(4.5)  In the event of a conflict between the 2021 international energy

conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the Colorado plumbing code, the Colorado plumbing code prevails.

(5)  The board shall adopt a Colorado fuel gas code for the gas piping

installations inspection requirement of section 12-155-105 (1)(k).

(6) (a)  Notwithstanding any authority granted to the board by this section

and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to any activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).

(b)  Plumbing installations that connect these structures to external utility

sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed plumber under a registered plumbing contractor.

(c)  The installation of gas piping on the service side must be completed by a

qualified gas piping installer.

(d)  The inspection and inspectors of these installations, other than those

authorized to be performed by a registered installer, are regulated in this article 155 and must be performed by licensed plumbing inspectors.

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

993, � 1, effective October 1. L. 2022: (4.5) added, (HB 22-1362), ch. 301, p. 2179, � 3, effective June 2. L. 2025: (6) added, (SB 25-002), ch. 172, p. 713, � 2, effective May 8; (1) amended, (HB 25-1306), ch. 204, p. 926, � 3, effective August 6.

Editor's note: This section is similar to former � 12-58-104.5 as it existed prior

to 2019.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 12-155-108

12-155-108. Plumber must have license - registration - control and supervision - rules. (1) (a) A person shall not engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber in this state until the person has received a license from the division, upon written notice from the board or its authorized agent, or a temporary permit from the board or its authorized agent; except that a person may practice as a water conditioning contractor if the person is registered pursuant to subsection (4) of this section, as a water conditioning installer if the person is registered pursuant to subsection (5) of this section, or as a water conditioning principal if the person is registered pursuant to subsection (6) of this section.

(b)  Nothing in this section limits the ability of, or requires registration

pursuant to subsection (4), (5), or (6) of this section for, a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.

(2) (a)  All plumbing apprentices working for plumbing contractors pursuant

to this article 155 and all apprentices working under the supervision of any licensed plumber pursuant to section 12-155-124 shall, within thirty days after the date of initial employment, be registered with the board.

(b)  The employer of a plumbing apprentice shall be responsible for the

apprentice's registration with the board.

(c)  No apprentice shall be registered until payment of a registration or

registration renewal fee, as determined by the board, has been made.

(3)  A person shall not operate as a plumbing contractor until the contractor

has obtained registration from the board. The board shall register a plumbing contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state. In order to act as a plumbing contractor, the person must either be, or employ full-time, a master plumber, who shall be in charge of the supervision of all plumbing work performed by the contractor. A master plumber shall not be responsible for more than one plumbing contractor at a time. A master plumber shall notify the board within fifteen days after the master plumber's termination as a master plumber for a plumbing contractor. The master plumber is responsible for all plumbing work performed by the plumbing contractor. Failure to provide the notice may lead to suspension or revocation of the master plumber license as provided in section 12-155-113.

(4)  Except as specified in subsection (1)(b) of this section, effective April 1,

2016, a person shall not operate as a water conditioning contractor unless the person:

(a)  Is currently registered with the board pursuant to this subsection (4) as

specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state.

(b)  Is, or employs full-time, a water conditioning principal, who shall be

responsible for all water conditioning appliance work performed by the contractor.

(5)  Except as specified in subsection (1)(b) of this section, effective April 1,

2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning installer unless the person is currently registered with the board pursuant to this subsection (5) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning installer upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.

(6) (a)  Except as specified in subsection (1)(b) of this section, effective April 1,

2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning principal unless the person is currently registered with the board pursuant to this subsection (6) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning principal upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.

(b)  A water conditioning principal shall not be responsible for more than one

water conditioning contractor at a time. The water conditioning principal shall notify the board within fifteen days after the water conditioning principal's termination as a water conditioning principal for a water conditioning contractor. Failure to provide the notice may lead to suspension or revocation of the water conditioning principal's registration as provided in section 12-155-113.

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

994, � 1, effective October 1. L. 2024: (1), (3), and (6)(b) amended, (HB 24-1344), ch. 343, p. 2322, � 7, effective July 1; (1) amended, (HB 24-1344), ch. 343, p. 2323, � 8, effective July 1, 2025.

Editor's note: (1)  This section is similar to former � 12-58-105 as it existed

prior to 2019.

(2)  Amendments to subsection (1) by sections 7 and 8 of HB 24-1344 were

harmonized, effective July 1, 2025.

C.R.S. § 12-155-109

12-155-109. Unauthorized advertising - use of title. (1) A person shall not advertise in any manner or use the title or designation of master plumber, journeyworker plumber, or residential plumber unless the person is qualified and licensed under this article 155.

(2)  A person shall not advertise in any manner that the person is a water

conditioning contractor, a water conditioning installer, or a water conditioning principal unless the person is registered as such pursuant to this article 155. Nothing in this subsection (2) prohibits a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor from advertising services within the person's respective practice area as authorized by this article 155 relating to water conditioning appliances.

(3)  No person shall advertise in any manner that the person is a plumbing

contractor or use the title or designation of plumbing contractor unless the person meets the definition of plumbing contractor set out in section 12-155-103 (10).

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

995, � 1, effective October 1. L. 2024: (2) amended, (HB 24-1344), ch. 343, p. 2323, � 9, effective July 1; (1) and (2) amended, (HB 24-1344), ch. 343, p. 2324, � 10, effective July 1, 2025.

Editor's note: (1)  Subsection (1) is similar to former � 12-58-106 (1);

subsection (2) is similar to former � 12-58-106 (2); and subsection (3) is similar to former � 12-58-106.5, as those sections existed prior to 2019.

(2)  Amendments to subsection (2) by sections 9 and 10 of HB 24-1344 were

harmonized, effective July 1, 2025.

C.R.S. § 12-155-110

12-155-110. License issuance - examination - rules. (1) (a) The board shall issue licenses to persons who have, by examination and experience, shown themselves competent and qualified to engage in the business, trade, or calling of a residential plumber, journeyworker plumber, or master plumber. The board shall establish the minimum level of experience required for an applicant to receive a residential, journeyworker, or master plumber's license. The maximum experience the board may require for an applicant to qualify to test for a residential plumber's license is three thousand four hundred hours of practical experience. The maximum experience the board may require for an applicant to qualify to test for a journeyworker plumber's license is six thousand eight hundred hours of practical experience. The maximum experience the board may require for an applicant to test for a master plumber's license is eight thousand five hundred hours of practical experience.

(b)  An applicant for a license may substitute for required practical

experience evidence of academic training in the plumbing field, which training shall be credited as follows:

(I)  If the applicant is a graduate of a community college or trade school

plumbing program approved by the board, the applicant receives one year of work experience credit.

(II)  If the applicant has academic training, including military training, in the

plumbing field that is not sufficient to qualify under subsection (1)(b)(I) of this section, the board shall provide work experience credit for the training according to a uniform ratio established by rule.

(c)  No license shall be issued until the applicant has paid a license fee set by

the board pursuant to section 12-20-105.

(2)  An applicant for a license under this section shall file an application on

forms prepared and furnished by the board, together with the examination fee. The time and place of examination shall be designated in advance by the board, and examinations shall be held at least four times each calendar year and at other times as, in the opinion of the board, the number of applicants warrants.

(3)  The contents of the examinations provided for in this section shall be

determined by the board. The examination shall be administered by the board or its authorized agent pursuant to rules prescribed by the board. Each examination shall be designed and given in such a manner as to fairly test the applicant's knowledge of plumbing and rules governing plumbing. Examinations may include written tests and applied tests of the practices that the license will qualify the applicant to perform and related studies or subjects as the board may determine are necessary for the proper and efficient performance of the practices. The examinations shall be consistent with current practical and theoretical requirements of the practice of plumbing and shall be reviewed, revised, and updated on an annual basis by the board. The board shall ensure that the examination passing grade reflects a minimum level of competency.

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

995, � 1, effective October 1. L. 2024: IP(1)(b) and (1)(b)(I) amended, (HB 24-1344), ch. 343, p. 2324, � 11, effective July 1; (1)(a) amended, (HB 24-1344), ch. 343, p. 2324, � 12, effective July 1, 2025.

Editor's note: This section is similar to former � 12-58-107 as it existed prior

to 2019.

C.R.S. § 12-155-111

12-155-111. Credit for experience received outside of Colorado. For all applicants seeking work experience credit toward licensure for plumbing work experience received outside of Colorado, the board shall give credit for such work experience if the applicant can show to the satisfaction of the board that the particular experience is adequate to comply with the requirements of this article 155.

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

996, � 1, effective October 1.

Editor's note: This section is similar to former � 12-58-107.5 as it existed prior

to 2019.

C.R.S. § 12-155-112

12-155-112. License and registration renewal - term of license - renewal - fees - reinstatement - continuing education - rules. (1) (a) Beginning with the plumbing license cycle that begins on March 1, 2027, and each subsequent license cycle thereafter, the board shall issue and renew plumbing licenses for a period of three years unless otherwise determined by the director.

(b)  Except as provided in subsection (1)(a) of this section, all license and

registration renewal and renewal fees shall be in accordance with sections 12-20-105 and 12-20-202 (1).

(2) (a)  Licenses and registrations issued pursuant to this article 155 are

subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license or registration has expired is subject to the penalties provided in this article 155 or section 12-20-202 (1).

(b)  This subsection (2)(b) does not apply to water conditioning installers and

water conditioning principals. To reinstate a license or registration that has been expired for two or more years, a person must demonstrate competency by:

(I)  Providing verification of a license in good standing from another state and

proof of active practice in that state for the year previous to the date of receipt of the reinstatement application;

(II)  Satisfactorily passing the state plumbing examination in accordance with

section 12-155-110; or

(III)  Any other means approved by the board.


(c)  To reinstate a license or registration that has been expired for less than

two years, a person must comply with subsection (3)(a) of this section; except that this subsection (2)(c) does not apply to water conditioning installers and water conditioning principals.

(3) (a)  On or after May 1, 2021, the board shall not renew or reinstate a

license unless the applicant has completed eight hours of continuing education for every twelve months that have passed after the later of the last date of renewal or reinstatement. This subsection (3)(a) does not apply to the first renewal or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to section 12-155-110.

(b)  On or before July 1, 2020, the board, in collaboration with established

industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards. The requirements and standards must include course work related to the code, including core competencies, as determined by the board. The board may count a licensed plumber's enrollment in a course designed to help the plumber attain nationally recognized plumbing and building inspection certifications towards the plumber's continuing education requirements. A renewal or reinstatement license applicant must furnish, or cause to be furnished, to the board, in a form and manner determined by the board, documentation demonstrating compliance with this subsection (3) and rules promulgated to implement this subsection (3).

(c)  To ensure consumer protection, the board's rules may include audit

standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.

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

997, � 1, effective October 1; (2) amended and (3) added, (HB 19-1086), ch. 109, p. 403, � 3, effective January 1, 2020. L. 2024: (1) amended, (HB 24-1344), ch. 343, p. 2324, � 13, effective July 1.

Editor's note: This section is similar to former � 12-58-108 as it existed prior

to 2019.

C.R.S. § 12-155-113

12-155-113. Disciplinary action by board - procedures - cease-and-desist orders. (1) The board may take disciplinary or other action as authorized by section 12-20-404 for any of the following reasons:

(a)  Violation of, or aiding or abetting in the violation of, any of the provisions

of this article 155 or an applicable provision of article 20 of this title 12;

(b)  Violation of the rules or orders promulgated by the board in conformity

with the provisions of this article 155 or aiding or abetting in such violation;

(c)  Failure or refusal to remove within a reasonable time the cause for

disapproval of any plumbing installation as reported on the notice of disapproval, but reasonable time shall include time for appeal to and a hearing before the board;

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

had it then existed and been known to the board;

(e)  Commitment of any act or omission that does not meet generally

accepted standards of plumbing practice;

(f)  Conviction of or acceptance of a plea of guilty or nolo contendere by a

court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(g)  Advertising by any licensee or registrant that is false or misleading;


(h)  Deception, misrepresentation, or fraud in obtaining or attempting to

obtain a license;

(i)  Failure of any licensee to adequately supervise an apprentice who is

working at the trade pursuant to section 12-155-124;

(j)  Failure of any licensee to report to the board:


(I)  Known violations of this article 155;


(II)  Civil judgments and settlements that arose from the licensee's work

performance;

(k)  Employment of any person required by this article 155 to be licensed or to

obtain a permit who has not obtained the license or permit;

(l)  Habitual or excessive use or abuse of any habit-forming drug, any

controlled substance, as defined in section 18-18-102 (5), or any alcohol beverage;

(m)  Any use of a schedule I controlled substance, as defined in section 18-18-203;


(n)  Disciplinary action against a license or registration in another jurisdiction.

Evidence of the disciplinary action is prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(o)  Practicing as a water conditioning contractor, water conditioning

installer, water conditioning principal, or a residential, journeyworker, or master plumber during a period when the person's license or registration has been suspended or revoked;

(p)  Selling or fraudulently obtaining or furnishing a license or registration to

practice as a residential, journeyworker, or master plumber, water conditioning contractor, water conditioning installer, water conditioning principal, or plumbing contractor or aiding or abetting in the activity;

(q)  In connection with a construction or building project requiring the

services of a person regulated by this article 155, willfully disregarding or violating:

(I)  Any building or construction law of this state or any of its political

subdivisions;

(II)  Any safety or labor law;


(III)  Any health law;


(IV)  Any workers' compensation insurance law;


(V)  Any state or federal law governing withholdings from employee income,

including, but not limited to, income taxes, unemployment taxes, or social security taxes; or

(VI)  Any reporting, notification, or filing law of this state or the federal

government;

(r)  Applying for a plumbing permit pursuant to section 12-155-120 (1) if the

applicant is not a qualified applicant, as defined in section 12-155-120 (11);

(s)  Failing to display plumbing contractor and master plumber registration

information, as specified in section 12-155-125.

(2)  The board may issue and send a letter of admonition to a licensee under

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

(3)  The board may issue and send a confidential letter of concern to a

licensee or registrant under the circumstances specified in section 12-20-404 (5).

(4)  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.

(5)  The board may issue cease-and-desist orders under the circumstances

and in accordance with the procedures specified in section 12-20-405.

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

997, � 1, effective October 1. L. 2020: (1)(l) amended, (SB 20-007), ch. 286, p. 1410, � 30, effective July 13. L. 2022: (1)(r) added, (HB 22-1346), ch. 483, p. 3511, � 4, effective January 1, 2023. L. 2024: (1)(a), (1)(l), and (2) amended and (1)(s) added, (HB 24-1344), ch. 343, p. 2325, � 14, effective July 1; (1)(o) and (1)(p) amended, (HB 24-1344), ch. 343, p. 2325, � 15, effective July 1, 2025.

Editor's note: This section is similar to former � 12-58-110 as it existed prior

to 2019.

C.R.S. § 12-155-116

12-155-116. License by endorsement - rules. The board may issue a plumber's license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure by examination. The board may specify by rule what shall constitute substantially equivalent credentials and qualifications and may further require a waiting period of six months after the issuance of a license in another state before issuing a license in Colorado.

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

1001, � 1, effective October 1.

Editor's note: This section is similar to former � 12-58-111 as it existed prior to

2019.

C.R.S. § 12-155-117

12-155-117. Temporary permits - rules. (1) The board or its authorized agent may issue a temporary permit to engage in the work of a journeyworker plumber or a residential plumber to any applicant who has:

(a)  Furnished satisfactory evidence to the board that the applicant has the

required experience to qualify for the examination, as provided in the rules promulgated by the board; and

(b)  Applied for an examination to become licensed.


(2)  The permits shall be issued only upon payment of a fee established by

the board and may be revoked by the board at any time.

(3)  Any permit issued pursuant to this section shall expire no later than thirty

days after the date of the examination for which the applicant has applied or upon written notice by the board of the results of the examination, whichever date is earlier. No permit shall be issued pursuant to this section to any person who has twice previously failed an examination or who has received two temporary permits.

(4)  Notwithstanding the requirements set forth in section 12-155-108 (3), a

temporary master permit may be issued to an existing plumbing contractor who has lost the services of the plumbing contractor's master plumber for completion of a current project underway as long as the plumbing contractor has a journeyworker plumber in the plumbing contractor's full-time employ. The permit is only valid until the next regularly scheduled examination.

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

1001, � 1, effective October 1. L. 2024: (1) and (4) amended, (HB 24-1344), ch. 343, p. 2325, � 16, effective July 1; (1) and (4) amended, (HB 24-1344), ch. 343, p. 2326, � 17, effective July 1, 2025.

Editor's note: (1)  This section is similar to former � 12-58-112 as it existed

prior to 2019.

(2)  Amendments to subsections (1) and (4) by sections 16 and 17 of HB 24-1344 were harmonized, effective July 1, 2025.

C.R.S. § 12-155-118

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

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

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

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

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

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

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

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

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

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

permit to perform:

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

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

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

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

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

include:

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

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

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

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

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

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

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

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

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

to 2019.

C.R.S. § 12-155-119

12-155-119. Plumbing inspectors - qualifications - enforcement of licensing and apprentice-supervision-ratio requirements - rules - legislative declaration - definitions. (1) (a) The director is authorized to appoint or employ competent persons licensed under this article 155 as journeyworker or master plumbers as state plumbing inspectors.

(b)  For purposes of conducting compliance checks specified in subsection

(5) of this section, the director shall appoint or employ two individuals to conduct the compliance checks. The director may appoint or employ individuals who are licensed under this article 155 or may appoint or employ individuals who are not licensed under this article 155 but who demonstrate substantial prior work experience in the plumbing or construction industry. Individuals appointed or employed pursuant to this subsection (1)(b) shall limit their activities to conducting compliance checks of matters specified in said subsection (5).

(2)  State plumbing inspectors and individuals conducting compliance checks

pursuant to subsection (5) of this section may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant. State plumbing inspectors and individuals conducting compliance checks pursuant to subsection (5) of this section have the right of ingress and egress to and from all public and private premises during reasonable working hours where this article 155 applies for the purpose of making plumbing inspections, conducting compliance checks pursuant to subsection (5) of this section, or otherwise determining compliance with this article 155.

(3) (a)  Beginning July 1, 2014, persons licensed under this article 155 or who

are certified as residential plumbing inspectors by a nationally recognized model code organization are authorized to inspect residential plumbing. Any newly hired inspectors not licensed under this article 155 or certified by a nationally recognized model code organization have one year from the date of hire to acquire the necessary license or certification or meet the hiring requirements of the hiring authority, whichever is more stringent.

(b)  Beginning July 1, 2014, persons licensed under this article 155 or who are

certified as commercial plumbing inspectors by a nationally recognized model code organization are authorized to inspect commercial plumbing. Any newly hired inspectors not licensed under this article 155 or certified by a nationally recognized model code organization have one year from the date of hire to acquire the necessary license or certification or meet the hiring requirements of the hiring authority, whichever is more stringent.

(4) (a)  Plumbing inspectors performing inspections who are employed by a

qualified state institution of higher education shall be certified as commercial plumbing inspectors by a nationally recognized model code organization and possess a valid journeyworker or master plumber license issued by the state. In addition, the plumbing inspectors shall possess the same qualifications required of state plumbing inspectors under this article 155, shall be registered with the board prior to the assumption of their duties, shall not inspect any plumbing work in which the inspector has any financial or other personal interest, and shall not be engaged in the plumbing business by contracting, supplying material, or performing plumbing work as described in this article 155. In addition, a plumbing inspector inspecting a medical gas installation shall hold the national inspection certification ASSE 6020 or recognized equivalent.

(b)  As part of their duties, plumbing inspectors performing inspections who

are employed by a qualified state institution of higher education have the authority to verify the plumbing licenses or apprenticeship registration cards issued by the state for those people performing the plumbing work on a project and to verify compliance with section 12-155-124 (1).

(5) (a)  Consistent with section 12-155-101 and the state's duty to safeguard

the public health by ensuring that individuals who plan, install, alter, extend, repair, or maintain plumbing systems have the skills necessary to perform those tasks, the general assembly finds and determines that board enforcement of the licensing requirements in this article 155 and the limits on the number of plumbing apprentices a licensed plumber is permitted to supervise specified in section 12-155-124 (1) is a matter of statewide concern and is essential to protect public health.

(b)  The board shall direct individuals appointed or employed pursuant to

subsection (1)(b) of this section to:

(I)  Conduct compliance checks to ensure compliance with the licensing and

supervisor-to-apprentice ratio requirements specified in this article 155 on projects throughout the state where plumbing systems are being planned, installed, altered, extended, repaired, or maintained, regardless of whether the permit for the plumbing work was issued by the board, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education; and

(II)  Prioritize for compliance checks projects that provide or will provide

critical services to residents of the state.

(c)  To ensure compliance with the licensing and supervisor-to-apprentice

ratio requirements pursuant to subsection (5)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(b) of this section shall conduct compliance checks at projects throughout the state where plumbing is being performed to ensure that:

(I)  The individual performing the plumbing work is licensed as a master,

journeyworker, or residential plumber or is a registered plumbing apprentice being supervised by a licensed master, journeyworker, or residential plumber; and

(II)  A master, journeyworker, or residential plumber is complying with the

limit on the number of plumbing apprentices the plumber may supervise per job site specified in section 12-155-124 (1).

(d)  Nothing in this subsection (5) affects the ability of a local government to

permit or inspect plumbing or gas piping installations in any new construction or remodeling or repair located within the boundaries of the local government.

(e)  As used in this subsection (5):


(I)  Local government means an incorporated town or city, a county, or a city

and county.

(II)  Project that provides or will provide critical services means a project

involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including:

(A)  A public building;


(B)  A public school or institution of higher education;


(C)  An airport;


(D)  A train station or public transit station;


(E)  A hospital, nursing facility, assisted living residence, or other health-care

facility licensed or certified by the department of public health and environment under title 25;

(F)  A renewable energy installation or a project of a utility regulated by the

public utilities commission pursuant to title 40; and

(G)  Any other commercial or multifamily residential public project specified

by the board by rule.

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

1003, � 1, effective October 1. L. 2022: (1), (2), and (4)(b) amended and (5) added, (HB 22-1346), ch. 483, p. 3511, � 5, effective January 1, 2023. L. 2024: IP(5)(c) amended, (HB 24-1344), ch. 343, p. 2327, � 19, effective July 1; (1)(a), (4)(a), and (5)(c) amended, (HB 24-1344), ch. 343, p. 2327, � 20, effective July 1, 2025.

Editor's note: This section is similar to former � 12-58-114.2 as it existed prior

to 2019.

C.R.S. § 12-155-120

12-155-120. Inspection - plumbing permits - application - standards - definition. (1) (a) Any plumbing or gas piping installation in any new construction or remodeling or repair, other than manufactured units or tiny homes inspected in accordance with article 32 of title 24, and except for new construction or remodeling or repair in any incorporated town or city, county, or city and county, or in a building owned or leased or on land owned by a qualified state institution of higher education where the local entity or qualified state institution of higher education conducts inspections and issues plumbing permits, referred to within this section as permits, must be inspected by a state plumbing inspector.

(b)  A state plumbing inspector shall inspect any new construction,

remodeling, or repair subject to this subsection (1) within three working days after the receipt of the application for inspection.

(c) (I)  Prior to the commencement of any plumbing or gas piping installation,

the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required fee.

(II) (A)  Only a qualified applicant may apply for a permit pursuant to this

subsection (1). A licensed master plumber who is not a registered plumbing contractor and who is operating as an independent contractor for another business shall not apply for a permit pursuant to this subsection (1).

(B)  Before issuing a permit pursuant to this subsection (1), the board or, if

applicable, the local entity or qualified state institution of higher education that conducts inspections and issues permits shall verify that the permit applicant is a qualified applicant.

(C)  The entity issuing the permit may use the permit application process to

verify compliance with this subsection (1).

(d)  Every mobile home, tiny home, or movable structure owner shall have the

plumbing and gas piping hookup for the mobile home, tiny home, or movable structure inspected prior to obtaining new or different plumbing or gas service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (1)(d).

(e)  A qualified state institution of higher education with a building

department that meets or exceeds the minimum standards adopted by the board under this article 155 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution, and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of section 12-155-108 have been met. A qualified state institution of higher education shall enforce standards that are at least as stringent as any minimum standards adopted by the board.

(2) (a)  A state plumbing inspector shall inspect the work performed, and, if

the work meets the minimum standards set forth in the Colorado plumbing code referred to in section 12-155-106, the inspector shall issue a certificate of approval.

(b) (I)  If the installation is disapproved, the inspector shall give written notice

together with the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the plumbing or gas service to the installation discontinued until the installation is rendered safe. The qualified applicant may appeal the disapproval to the board, and the board shall grant the qualified applicant a hearing within seven days after notice of appeal is filed with the board.

(II)  After removing the cause of the disapproval, the qualified applicant shall

apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.

(3) (a)  All permits issued by the board are valid for a period of twelve months.

The board shall close a permit and mark its status as expired at the end of the twelve-month renewal period, except in the following circumstances:

(I)  If a qualified applicant demonstrates at the time of application for a

permit that the plumbing or gas piping work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.

(II)  If the qualified applicant notifies the board prior to the expiration of the

twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.

(b)  If a qualified applicant requests an inspection after a permit has expired

or has been canceled, the qualified applicant must apply for and be granted a new permit before an inspection is performed.

(4)  Each application, certificate of approval, and notice of disapproval shall

contain the name of the property owner, if known, the location and a brief description of the installation, the name of the general contractor if any, the name of the plumbing contractor or licensed plumber and state license number in the case of any plumbing installation, the name of the installer in the case of any liquefied petroleum gas piping installation, the state plumbing inspector, and the inspection fee charged for the inspection. The original of a notice of disapproval and written reasons for disapproval and corrective actions to be taken shall be mailed to the board, and a copy of the notice shall be mailed to the plumbing contractor in the case of any plumbing installation or the installer in the case of any liquefied petroleum gas piping installation, within two working days after the date of inspection, and a copy of the notice shall be posted at the installation site. The forms shall be furnished by the board, and a copy of each application, certificate, and notice made or issued shall be filed with the board.

(5)  Notwithstanding the fact that any incorporated town or city, any county,

or any city and county in which a public school is located or is to be located has its own plumbing code and inspection authority, any plumbing or gas piping installation in any new construction or remodeling or repair of a public school shall be inspected by a state plumbing inspector.

(6)  If an incorporated town or city, county, city and county, or qualified state

institution of higher education intends to commence or cease performing plumbing or gas piping inspections in its respective jurisdiction, or for its buildings owned or leased or on its land, written notice of such intent must be given to the board.

(7) (a)  A person claiming to be aggrieved by the failure of a state plumbing

inspector to inspect the person's property after proper application or by notice of disapproval without setting forth the reasons for denying the permit may request the program director to review the actions of the plumbing inspector or the manner of the inspection. The request may be made by the person's authorized representative and must be in writing.

(b)  Upon the filing of the request, the program director shall cause a copy of

the request to be served upon the state plumbing inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.

(c)  If the request is not granted within ten days after it is filed, it may be

treated as rejected. A person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.

(d)  Any hearing before the board shall be held pursuant to the provisions of

section 24-4-105.

(8)  If an incorporated town or city, county, city and county, or qualified state

institution of higher education intends to commence or cease performing plumbing inspections in its jurisdiction or for the buildings owned or leased by or on land of a qualified state institution of higher education, it shall commence or cease the same only as of July 1 of any year, and written notice of intent must be given to the board on or before October 1 of the preceding calendar year. If notice is not given and the use of state plumbing inspectors is required within the respective jurisdiction or building affected by the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring inspections shall reimburse the board for any expenses incurred in performing inspections, in addition to transmitting the required permit fees.

(9)  A qualified state institution of higher education may choose not to

require fees as part of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 155. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection.

(10) (a)  An inspector performing an inspection for the state, an incorporated

town or city, county, city and county, or qualified state institution of higher education, referred to in this subsection (10) as an inspecting entity, shall verify compliance with this article 155.

(b) (I)  Inspections performed by an inspecting entity must include, for each

project, a contemporaneous review to ensure compliance with sections 12-155-108 and 12-155-124. A contemporaneous review may include a full or partial review of the plumbers and apprentices working at a job site being inspected.

(II)  To ensure that enforcement is consistent, timely, and efficient, each

inspecting entity employing inspectors shall develop standard procedures to advise its inspectors on how to conduct a contemporaneous review. An inspecting entity's standard procedures need not require a contemporaneous review for each inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-155-108 and 12-155-124 at any time. Each inspecting entity's procedures must include provisions that allow for inspectors to:

(A)  Conduct occasional, random, on-site inspections while actual plumbing

work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the inspecting entity; and

(B)  Request documentation indicating who performed the plumbing work to

ensure compliance with sections 12-155-108 and 12-155-124.

(III)  Each inspecting entity subject to subsection (10)(b)(II) of this section,

including the state, shall post its current procedures regarding contemporaneous reviews in a prominent location on its public website and provide the director with a link to the web page on which the procedures have been posted or, if an inspecting entity does not have a website, provide its current procedures to the director for posting on the board's website.

(IV)  An inspector may file a complaint with the board for any violation of this

article 155.

(c) (I)  The board shall ensure compliance with this section. If the board

determines, as a result of a formal complaint, that an inspecting entity is conducting plumbing inspections that do not comply with this section, the board may issue to the inspecting entity an order to show cause, in accordance with section 12-155-105 (1)(m), as to why the board should not issue a final order directing the inspecting entity to cease and desist conducting plumbing inspections until the inspecting entity comes into compliance to the satisfaction of the board.

(II)  The board shall not issue a cease-and-desist order to an inspecting entity

because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.

(III)  If the use of state plumbing inspectors is required after the issuance of a

final cease-and-desist order pursuant to this subsection (10)(c), the inspecting entity shall reimburse the board for any expenses incurred in performing the inspecting entity's inspections, in addition to transmitting the required permit fees.

(11)  As used in this section, qualified applicant means:


(a)  A licensed master plumber, including a licensed master plumber who is

operating as a sole proprietor, so long as the licensed master plumber is also a registered plumbing contractor;

(b)  A licensed master plumber who is directly employed by a registered

plumbing contractor; or

(c)  A homeowner performing work on the homeowner's home.


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

1004, � 1, effective October 1; (10) added, (HB 19-1086), ch. 109, p. 404, � 4, effective January 1, 2020. L. 2022: (1) and (10)(c) amended, (HB 22-1242), ch. 172, p. 1137, � 32, effective August 10; (1), (2), (3), (7)(a), and (10)(b) amended and (11) added, (HB 22-1346), ch. 483, p. 3513, � 6, effective January 1, 2023. L. 2024: (7)(a) to (7)(c) amended, (HB 24-1344), ch. 343, p. 2328, � 21, effective July 1.

Editor's note: (1)  This section is similar to former � 12-58-114.5 as it existed

prior to 2019.

(2)  Amendments to subsection (1) by HB 22-1242 and HB 22-1346 were

harmonized.

C.R.S. § 12-155-121

12-155-121. Municipal and county regulations. (1) Any city, town, county, or city and county of this state may provide for the licensing of plumbing contractors or water conditioning contractors. Contractors who obtain local licensing must also register with the board in accordance with section 12-155-108.

(2)  A local government agency shall not promulgate rules or regulations or

provide for licenses that would preclude the holder of a valid license or registration issued under this article 155 from practicing the holder's trade.

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

1007, � 1, effective October 1.

Editor's note: This section is similar to former � 12-58-115 as it existed prior

to 2019.

C.R.S. § 12-155-122

12-155-122. Unauthorized practice - penalties. (1) A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber or plumbing apprentice without an active license, permit, or registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2)  A person who engages in or works at or offers or attempts to engage in or

work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a); except that nothing in this subsection (2) limits the ability of a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.

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

1007, � 1, effective October 1. L. 2024: (2) amended, (HB 24-1344), ch. 343, p. 2328, � 22, effective July 1; entire section amended, (HB 24-1344), ch. 343, p. 2328, � 23, effective July 1, 2025.

Editor's note: (1)  This section is similar to former � 12-58-116 as it existed

prior to 2019.

(2)  Amendments to subsection (2) by sections 22 and 23 of HB 24-1344 were

harmonized, effective July 1, 2025.

C.R.S. § 12-155-124

12-155-124. Apprentices - registration - data-sharing agreement - discipline - rules. (1) A person may work as a plumbing apprentice for a registered plumbing contractor but shall not do any plumbing work for which a license is required pursuant to this article 155 except under the supervision of a licensed plumber. Supervision requires that a licensed plumber supervise apprentices at the job site. One licensed journeyworker plumber, master plumber, or residential plumber shall not supervise more than three plumbing apprentices at the same job site.

(2)  A master, journeyworker, or residential plumber who is the supervisor of a

plumbing apprentice is responsible for the work performed by the apprentice. The license of a plumber may be revoked, suspended, or denied under section 12-155-113 for any improper work performed by a plumbing apprentice while under the supervision of the licensee.

(3)  By July 1 each year, a registered plumbing contractor, an apprenticeship

program registered with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor that employs a plumbing apprentice in this state shall report to the board the name and contact information of each plumbing apprentice in the apprenticeship program and the cumulative number of practical training hours each plumbing apprentice has completed toward the licensure requirements specified in section 12-155-110. The board shall keep the information reported pursuant to this subsection (3) confidential from all parties other than from the plumbing apprentice through the plumbing apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (8) of this section, indicate whether the plumbing apprentice has completed the required practical training hours in the department of regulatory agencies' online apprenticeship directory.

(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2027.] (a) (I)  A

registered plumbing contractor shall not register with the board pursuant to subsection (3) of this section a plumbing apprentice who is in a construction industry apprenticeship program registered with the United States department of labor or a state apprenticeship agency recognized by the United States department of labor unless the plumbing apprentice is enrolled in an apprenticeship program training the plumbing apprentice for an occupation officially recognized by the United States department of labor as a plumbing or mechanical-related occupation, as defined by the United States department of labor, bureau of labor statistics, occupational employment and wage statistics occupation codes 17.3013, 47.2152, or 49.9021.

(II)  On or before July 1, 2027, the state apprenticeship agency and the

department, if existing resources are available or if the department receives sufficient gifts, grants, or donations pursuant to subsection (8) of this section, shall establish a data-sharing agreement to allow verification of eligibility for registration with the board pursuant to subsection (3.5)(a)(I) of this section.

(b) (I)  If the board determines that a plumbing apprentice is not in

compliance with subsection (3.5)(a) of this section, the board shall notify the plumbing contractor that registered the apprentice with the board. Within thirty days after notification of noncompliance, the plumbing contractor shall provide proof that the apprentice is eligible to be registered as a plumbing apprentice with the board. If the board verifies within sixty days after notification of noncompliance that the plumbing apprentice is eligible to be registered as a plumbing apprentice, the plumbing apprentice will remain registered with the board.

(II)  If the board cannot verify that a plumbing apprentice is eligible to be

registered as a plumbing apprentice within sixty days after notice of noncompliance pursuant to subsection (3.5)(b)(I) of this section, the board shall remove the plumbing apprentice's registration with the board, and the noncompliant plumbing apprentice shall not perform work as a plumbing apprentice in the state.

(III)  This subsection (3.5) does not apply to a plumbing apprentice whose

training is provided directly by the plumbing contractor or another plumbing training program that is not an apprenticeship program registered with the United States department of labor or a state apprenticeship agency.

(4)  On and after July 1, 2021, contingent on the availability of existing

resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (8) of this section:

(a) (I)  A plumbing apprentice who has been registered for at least six years,

has completed six thousand eight hundred hours of practical training, and meets all other license requirements specified in section 12-155-110 shall take the license examination at least every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score.

(II)  If a plumbing apprentice has failed to pass the license examination in two

consecutive two-year periods, the plumbing apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the plumbing apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.

(b)  A plumbing apprentice who has been registered for at least six years and

who does not meet the license requirements specified in section 12-155-110 shall take the license examination at least once every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score. Once the plumbing apprentice passes the license examination, the apprentice must meet all other license requirements specified in section 12-155-110 before the board may issue a license to the plumbing apprentice.

(5) (a)  If the cumulative training hours of a plumbing apprentice are not

reported as required by subsection (3) of this section or if a plumbing apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the plumbing apprentice's registration until the requirements are met.

(b)  If a plumbing apprentice who is required to take the license examination

pursuant to subsection (4) of this section has a learning disability, the plumbing apprentice, plumbing contractor, or apprenticeship program may request that the board make accommodations for the plumbing apprentice to take the examination with the appropriate level of support.

(6)  A registered plumbing contractor, an apprenticeship program registered

with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor shall remove each plumbing apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.

(7)  Repealed.


(8)  The department may seek, accept, and expend gifts, grants, or donations

from private or public sources for the purposes of this section.

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

1010, � 1, effective October 1. L. 2020: (3) to (8) added, (SB 20-120), ch. 244, p. 1173, � 2, effective September 14. L. 2023: (3) and (6) amended, (SB 23-051), ch. 37, p. 144, � 17, effective March 23. L. 2024: (1) and (2) amended, (HB 24-1344), ch. 343, p. 2330, � 25, effective July 1, 2025. L. 2025: (3.5) added, (HB 25-1284), ch. 403, p. 2302, � 2, effective January 1, 2027.

Editor's note: (1) This section is similar to former � 12-58-117 as it existed

prior to 2019.

(2)   Subsection (7)(b) provided for the repeal of subsection (7), effective July

1, 2021. (See L. 2020, p. 1174.)

C.R.S. § 12-155-125

12-155-125. Plumbing contractors - requirement to display registration identification - master plumber of contractor. (1) On and after July 1, 2025, a plumbing contractor shall display the following information on the plumbing contractor's vehicle or vehicles, billing materials, bid sheets, and website:

(a)  The plumbing contractor's Colorado registration identification number;

and

(b)  The Colorado registration identification number for the master plumber

attached to the plumbing contractor.

Source: L. 2024: Entire section added, (HB 24-1344), ch. 343, p. 2330, � 26,

effective July 1.

C.R.S. § 12-155-126

12-155-126. Backflow prevention devices - requirements - service information provided to customer. (1) On and after July 1, 2025, a licensed plumber who installs, tests, inspects, repairs, or reinstalls a backflow prevention device shall affix a tag on the backflow prevention device that contains the following information:

(a)  The name and contact information of the business with which the

licensed plumber is affiliated;

(b)  The plumbing contractor's registration number, or the license number of

the master plumber attached to the contractor, issued by the board;

(c)  The date the service was provided; and


(d)  A description of the service provided.


(2)  A licensed plumber may document multiple services on one tag.


Source: L. 2025: Entire section added, (HB 25-1077), ch. 39, p. 187, � 2,

effective March 28.

ARTICLE 160

Private Investigators

12-160-101 to 12-160-111. (Repealed)


Editor's note: (1)  This title 12 was repealed and reenacted in 2019. For

amendments to this article 160 prior to its repeal in 2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 12-160-111 provided for the repeal of this article 160, effective

September 21, 2020. (See L. 2019, p. 1021.)

ARTICLE 165

Radon Professionals

C.R.S. § 12-20-104

12-20-104. Excise tax on renewal fees - report to joint budget committee - definition. (1) Notwithstanding any provision of law to the contrary, there is imposed, and the executive director shall collect, an excise tax of one dollar for each year of the renewal period upon the payment of renewal fees that are required to be paid by individuals for the renewal of a license, registration, or certificate granting the individual authority or permission from the state to continue the practice of a profession or occupation; except that the excise tax shall not be imposed on the renewal fee paid by nurse aides pursuant to section 12-255-107.

(2)  For the purposes of this section, renewal fees includes all fees for the

renewal, reinstatement, and continuation of a license, registration, or certificate for the practice of a profession or occupation in this state as provided in section 12-20-202 (1) and (2). Renewal fees does not include fees paid for initial licensure, registration, or certification; application fees; examination fees; penalty late fees; duplicate license fees; regulator action fees; verification fees; license change fees; fees for the verification of licensure, registration, or certification status to other states; electrical inspection permit fees; plumbing inspection fees; and fees for certification of grades.

(3)  Money collected pursuant to subsection (1) of this section shall be

credited to the legal defense account created within the division of professions and occupations cash fund pursuant to section 12-20-105 (5).

(4)  On October 1 of each year, the executive director shall report to the joint

budget committee the amount of money credited to the legal defense account created within the division of professions and occupations cash fund pursuant to subsection (3) of this section for the preceding fiscal year.

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

732, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 695, � 33, effective July 1.

Editor's note: This section is similar to former � 24-34-104.4 as it existed

prior to 2019.

C.R.S. § 12-20-202

12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - exceptions for military personnel, spouses, gold star military spouses, and dependents - rules - consideration of criminal convictions or driver's history - executive director authority - definitions. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation.

(b)  Notwithstanding any provision of the law to the contrary, the director

may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. Except for a license, certification, or registration issued in accordance with subsection (3)(f) of this section, a license, certification, or registration is valid for a period of no less than one year and no longer than three years, as determined by the director in consultation with the applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director.

(c)  Notwithstanding any provision of the law to the contrary, upon the

approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant.

(d)  A regulator may prescribe renewal requirements, which must include

compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority.

(e)  The director shall allow for a grace period for licenses, certifications, or

registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102.

(2)  Reinstatement. (a)  If a licensee, registrant, or certificate holder does not

renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated.

(b)  The regulator shall reinstate the expired license, certificate, or

registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days, and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this subsection (2).

(c)  The regulator, in its discretion and pursuant to its authority, may reinstate

an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements:

(I) (A)  The licensee, registrant, or certificate holder submits an application

for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12.

(B)  If the licensee, registrant, or certificate holder practiced with an expired

license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder.

(II)  If the license, registration, or certificate has been expired for more than

two years, the person with the expired license, registration, or certificate shall pay all applicable renewal and reinstatement fees and shall satisfactorily demonstrate to the regulator that the person is competent to practice within his or her profession. The regulator, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice:

(A)  A license, registration, or certificate from another state that is in good

standing for the applicant where the applicant demonstrates active practice;

(B)  Practice for a specified time under a restricted license, registration, or

certificate;

(C)  Successful completion of prescribed remedial courses ordered by the

regulator that are within the authority of the regulator to require;

(D)  Successful completion of any continuing education or continuing

competency requirements prescribed by the regulator that are within the authority of the regulator to require;

(E)  Passage of an examination for licensure, registration, or certification as

approved by the regulator that the regulator has the authority to require; or

(F)  Other professional standards or measures of continued competency as

determined by the regulator.

(III)  The regulator may waive the requirements for reinstatement of an

expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition.

(3)  Occupational credential portability program - definitions. (a)  There is

hereby created in the division the occupational credential portability program by which a regulator may approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer. Each regulator shall strive to reduce barriers for applicants under the occupational credential portability program, including through reciprocity agreements, compacts, or other means to expedite licensure, certification, registration, or enrollment and shall adopt rules to implement the program in the least burdensome way necessary to protect the public. Unless there are specific reasons to withhold a license, certification, registration, or enrollment, a regulator shall issue a license, certification, registration, or enrollment, as applicable, to an applicant who meets the requirements of this subsection (3) and rules adopted by the regulator pursuant to this subsection (3).

(b) (I)  Except as specified in subsections (3)(c) and (3)(f) of this section, a

person duly licensed, certified, registered, or enrolled in good standing in another state or United States territory or through the federal government to practice a particular profession or occupation, or who holds a military occupational specialty, as defined in section 24-4-201, is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of the applicable license, certification, registration, or enrollment if all of the following apply:

(A)  Submission of satisfactory proof to the regulator, under penalty of

perjury, of the applicant's substantially equivalent experience or credentials, as required by the part or article of this title 12 that regulates the applicable profession or occupation, or satisfactory proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation as specified in this title 12 and that the applicant has not committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation;

(B)  Payment of applicable fees established pursuant to section 12-20-105;

and

(C)  Compliance with any other applicable requirement, including passing an

exam, of the part or article of this title 12 that regulates the applicable profession or occupation.

(II)  For the purposes of this subsection (3)(b), in good standing means that

a license, certification, registration, or enrollment has not been revoked or suspended and against which there are no outstanding disciplinary or adverse actions.

(c)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3) if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant:

(I)  Lacks the requisite substantially equivalent education, experience, or

credentials to practice the applicable profession or occupation; or

(II)  Has committed an act that would be grounds for disciplinary action under

the law governing the applicable profession or occupation.

(d)  A regulator may specify by rule what constitutes substantially equivalent

experience or credentials and, unless otherwise prohibited by this title 12, shall allow an applicant for certification, registration, or licensure by endorsement to demonstrate competency in a specific profession or occupation as determined by the regulator in lieu of a requirement that the applicant has worked or practiced in that profession or occupation for a period of time prior to the application for endorsement.

(d.5)  Nothing in this subsection (3) prohibits a person from applying for an

occupational license, registration, or certification pursuant to another statute or rule.

(e)  Subsections (3)(a) to (3)(d) of this section do not apply to the following

professions or occupations:

(I)  Combative sports, regulated pursuant to article 110 of this title 12;


(II)  Electricians, regulated pursuant to article 115 of this title 12;


(II.5)  Engineers, surveyors, and architects, regulated pursuant to article 120

of this title 12;

(III)  Repealed.


(IV)  Mortuaries and crematories, regulated pursuant to article 135 of this

title 12;

(V)  Nontransplant tissue banks, regulated pursuant to article 140 of this title

12;

(VI)  Outfitters and guides, regulated pursuant to article 145 of this title 12;


(VII)  Passenger tramways, regulated pursuant to article 150 of this title 12;


(VIII)  Plumbers, regulated pursuant to article 155 of this title 12;


(IX)  Repealed.


(IX.5)  Dental therapists, regulated pursuant to article 220 of this title 12;


(X)  Direct-entry midwives, regulated pursuant to article 225 of this title 12;

or

(XI)  Surgical assistants and surgical technologists, regulated pursuant to

article 310 of this title 12.

(f) (I)  Except as specified in subsection (3)(f)(III) of this section, a military

spouse, gold star military spouse, military dependent, or spouse or dependent of any other qualified servicemember duly licensed, certified, registered, or enrolled in good standing in another state or United States territory to practice a particular profession or occupation is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of a license, certification, registration, or enrollment upon submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's active license, certification, registration, or enrollment in another state or United States territory in good standing.

(II)  As used in this subsection (3)(f):


(A)  Gold star military spouse or gold star spouse means the spouse of a

servicemember, which servicemember died while on military orders, who was relocated to Colorado.

(B)  In good standing means that a license, certification, registration, or

enrollment has not been revoked, expired, or suspended and against which there are no outstanding disciplinary or adverse actions.

(C)  Military dependent means the dependent of a servicemember serving in

the United States uniformed services who was relocated to Colorado.

(D)  Military spouse or spouse means the spouse of a servicemember

serving in the United States uniformed services who was relocated to Colorado.

(E)  Relocated means that a servicemember in the United States uniformed

services and the servicemember's spouse or dependent have, or the servicemember's gold star spouse has, moved to Colorado, as a result of: An assignment to a duty station in Colorado; a reassignment, either as a result of a permanent change of station or permanent change of assignment to Colorado, between two duty stations; or a transfer from a regular component of a uniformed service into a selected reserve of the Ready Reserve of a uniformed service, if the member is authorized to make a final move from the member's last duty station to Colorado.

(F)  Servicemember means a member of the uniformed services, as defined

in 10 U.S.C. sec. 101 (a)(5).

(III)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3)(f) if approving the licensure, certification, registration, or enrollment would violate an existing compact or reciprocity agreement or if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant's license, certification, registration, or enrollment issued by another state or United States territory is not in good standing.

(IV)  Notwithstanding any provision of law to the contrary:


(A)  A license, certification, registration, or enrollment issued to a military

spouse, a gold star military spouse, a military dependent, or the spouse or dependent of any other qualified servicemember pursuant to this subsection (3)(f) is valid for six years after the date of issuance and may be renewed.

(B)  Each regulator shall waive the application fee for single state licenses,

certifications, registrations, or enrollments issued pursuant to this subsection (3)(f).

(4)  Military personnel. A regulator shall, upon presentation of satisfactory

evidence by an applicant for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4).

(5)  Criminal convictions. (a)  Unless there is a specific statutory

disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by sections 12-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration.

(b)  A regulator may require an applicant for a license, certification, or

registration issued pursuant to the following sections to submit to a fingerprint-based criminal history record check:

(I)  A funeral director licensed pursuant to parts 5 and 6 of article 135 of this

title 12;

(II)  A mortuary science practitioner licensed pursuant to parts 5 and 7 of

article 135 of this title 12;

(III)  An embalmer licensed pursuant to parts 5 and 8 of article 135 of this

title 12;

(IV)  A cremationist licensed pursuant to parts 5 and 9 of article 135 of this

title 12;

(V)  A natural reductionist licensed pursuant to parts 5 and 9 of article 135 of

this title 12;

(VI)  An audiologist licensed pursuant to article 210 of this title 12;


(VII)  A dental hygienist licensed pursuant to sections 12-220-405 to 12-220-407;


(VIII)  A dentist licensed pursuant to sections 12-220-401 to 12-220-404;


(IX)  A physician assistant licensed pursuant to section 12-240-113;


(X)  A social worker licensed pursuant to part 4 of article 245 of this title 12;


(XI)  A licensed professional counselor licensed pursuant to part 6 of article

245 of this title 12;

(XII)  A certified midwife licensed pursuant to section 12-255-111.5;


(XIII)  An occupational therapist licensed pursuant to sections 12-270-106 (1)

and 12-270-107;

(XIV)  An occupational therapy assistant licensed pursuant to sections 12-270-106 (2) and 12-270-108; or


(XV)  A speech-language pathologist certified pursuant to article 305 of this

title 12.

(c)  An applicant submitting to a fingerprint-based criminal history record

check pursuant to subsection (5)(b) of this section must pay the costs associated with the fingerprint-based criminal history record check.

(d)  After submitting an application for a license, certification, or registration,

if the applicant submits to a fingerprint-based criminal history record check, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(e)  If an approved third party takes the applicant's fingerprints, the

fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days after the information is collected.

(f)  The Colorado bureau of investigation shall use the applicant's fingerprints

to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(g)  The Colorado bureau of investigation shall return the results of its

criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license, certification, or registration pursuant to this section and the following section for the following applicant or licensee:

(I)  Section 12-135-503 for a cremationist, an embalmer, a funeral director, a

mortuary science practitioner, or a natural reductionist;

(II)  Section 12-210-108 for an audiologist;


(III)  Section 12-220-201 for a dentist or a dental hygienist;


(IV)  Section 12-240-121 for a physician assistant;


(V)  Section 12-245-224 for a licensed professional counselor or a social

worker;

(VI)  Section 12-255-120 for a certified midwife;


(VII)  Section 12-270-114 for an occupational therapist or an occupational

therapy assistant; or

(VIII)  Section 12-305-112 for a speech-language pathologist.


(h)  When the results of a criminal history record check of an applicant

performed pursuant to this section reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

(5.5)  Driver's history. A regulator shall not consider an event in an

applicant's driver's history when determining whether to issue to the applicant a new, renewal, reactivated, or reinstated license, certification, or registration unless:

(a)  The event is relevant to the performance of the profession or occupation

that is the subject of the application; and

(b) (I)  The operation of a motor vehicle is a duty of the profession or

occupation that is the subject of the application;

(II)  The event is a part of a pattern of behavior that is relevant to the

performance of the profession or occupation that is the subject of the application; or

(III)  The event occurred within three years before the date that the applicant

submitted the application to the regulator.

(6)  Executive director authority. (a)  Form of license, certification, or

registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration.

(b)  Review of examinations and procedures. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents.

(c)  Employment of administrative law judges. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105.

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

735, � 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 528, � 4, effective June 25. L. 2021: (3)(e)(III) repealed, (SB 21-266), ch. 423, p. 2796, � 9, effective July 2; (5.5) added, (SB 21-040), ch. 59, p. 239, � 2, effective September 7. L. 2022: IP(3)(b)(I), (3)(b)(I)(A), IP(3)(c), and (3)(c)(I) amended and (3)(d.5) and (3)(e)(II.5) added, (SB 22-116), ch. 146, p. 949, � 2, effective August 10; (3)(e)(IX) repealed, (SB 22-212), ch. 421, p. 2967, � 20, effective August 10; (3)(e)(IX.5) added, (SB 22-219), ch. 381, p. 2723, � 27, effective January 1, 2023. L. 2023: (6)(b) and (6)(c) amended, (HB 23-1301), ch. 303, p. 1817, � 11, effective August 7. L. 2024: (5) amended, (HB 24-1004), ch. 371, p. 2497, � 2, effective August 7; (1)(b) and (3)(f) amended, (HB 24-1097), ch. 70, p. 231, � 3, effective September 1. L. 2025: (5) amended, (SB 25-146), ch. 342, p. 1849, � 1, effective June 2.

Editor's note: Subsection (1)(a) is similar to former � 12-5.5-202 (2);

subsection (1)(b) is similar to former � 24-34-102 (8)(a); subsection (1)(c) is similar to former � 24-34-102 (7); subsection (1)(d) is similar to former � 24-34-102 (8)(b); subsection (1)(e) is similar to former � 24-34-102 (8)(c); subsection (2) is similar to former � 24-34-102 (8)(d); subsection (3) is similar to former � 24-34-102 (8)(e); subsection (4) is similar to former � 24-34-102 (8.5); subsection (5) is similar to former � 24-34-102 (8.7); subsection (6)(a) is similar to former � 24-34-102 (10); subsection (6)(b) is similar to former � 24-34-102 (11); and subsection (6)(c) is similar to former � 24-34-102 (12), as those sections existed prior to 2019.

Cross references: (1)  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. For the short title (Red Tape Reduction Act of 2022) in SB 22-116, see section 1 of chapter 146, Session Laws of Colorado 2022. For the short title (Military Family Employment Support Act) and the legislative declaration in HB 24-1097, see sections 1 and 2 of chapter 70, Session Laws of Colorado 2024.

(2)  For the legislative declaration in SB 22-219, see section 1 of chapter 381,

Session Laws of Colorado 2022.

C.R.S. § 12-20-404

12-20-404. Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions. (1) General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may:

(a)  Issue a letter of admonition in accordance with subsection (4) of this

section;

(b) (I)  Place a licensee, certificate holder, or registrant on probation, except

as provided in subsection (1)(b)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(b) to impose

probation on a licensee, certificate holder, or registrant regulated under the following:

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


(B)  Repealed.


(C)  Article 255 of this title 12 concerning nurse aides; or


(D)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(c) (I)  Impose an administrative fine, subject to any limitations or

requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(c) to impose a fine

on a licensee, certificate holder, or registrant regulated under the following:

(A)  Repealed.


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


(C)  Repealed.


(D)  Article 205 of this title 12 concerning athletic trainers;


(E)  Article 255 of this title 12 concerning nurse aides;


(F)  Article 265 of this title 12 concerning nursing home administrators;


(G)  Article 270 of this title 12 concerning occupational therapists and

occupational therapy assistants;

(H)  Article 300 of this title 12 concerning respiratory therapists; or


(I)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(d) (I)  Deny, refuse to renew, revoke, or suspend the license, certification, or

registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(d) to refuse to

renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following:

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


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


(C)  Repealed.


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


(E)  Article 145 of this title 12 concerning outfitters and guides;


(F)  Repealed.


(G)  Article 200 of this title 12 concerning acupuncturists;


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


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


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


(J.5)  Article 255 of this title 12 concerning nurses and certified midwives;


(K)  Article 255 of this title 12 concerning nurse aides;


(L)  Article 305 of this title 12 concerning speech-language pathologists; or


(M)  [Editor's note: This version of subsection (1)(d)(II)(M) is effective until

January 1, 2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.

(M)  [Editor's note: This version of subsection (1)(d)(II)(M) is effective January

1, 2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.

(2)  Deferral precluded. (a)  When a complaint or investigation discloses an

instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution.

(b)  This subsection (2) does not apply to the following:


(I)  Repealed.


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


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


(IV)  Article 255 of this title 12 concerning nurse aides.


(3)  Waiting period after revocation or surrender. (a) (I)  Except as provided in

subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration.

(II)  In addition, the waiting period specified in subsection (3)(a)(I) of this

section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline:

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


(B)  Article 145 of this title 12 concerning outfitters and guides;


(C)  Repealed.


(C.5)  Article 165 of this title 12 concerning radon professionals;


(D)  Article 200 of this title 12 concerning acupuncturists;


(D.5)  Article 205 of this title 12 concerning athletic trainers;


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


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


(G)  Article 235 of this title 12 concerning massage therapists;


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


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


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

nurse aides;

(K)  Article 270 of this title 12 concerning occupational therapists and

occupational therapy assistants;

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

therapist assistants;

(M)  Article 300 of this title 12 concerning respiratory therapists;


(N)  Article 305 of this title 12 concerning speech-language pathologists; and


(O)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(III) (A)  For a person whose license as a nursing home administrator issued

under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation.

(B)  For a person whose license, certification, or registration as a mental

health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender.

(b)  This subsection (3) applies to a person enrolled as an engineer-intern

pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12.

(c)  This subsection (3) does not apply to the following:


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


(II)  Repealed.


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


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


(V)  Repealed.


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


(VII)  Repealed.


(VIII)  Article 295 of this title 12 concerning psychiatric technicians.


(IX)  Repealed.


(4)  Letter of admonition. (a)  When a complaint or investigation discloses an

instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant.

(b) (I)  When a regulator sends a letter of admonition to a licensee, certificate

holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based.

(II)  If the licensee, certificate holder, or registrant timely requests

adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings.

(c)  Repealed.


(5)  Confidential letter of concern. (a)  When a complaint or investigation

discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern.

(b)  This subsection (5) does not apply to the following:


(I)  Repealed.


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


(III)  Article 150 of this title 12 concerning passenger tramways.


(IV) and (V)  Repealed.


(6)  Disposition of fines. (a)  Except as specified in subsection (6)(b) of this

section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund.

(b)  The disposition of fines collected by:


(I)  The state electrical board is governed by section 12-115-122 (5)(a);


(II)  The director for violations of laws governing the activities of outfitters

and guides is governed by section 12-145-110 (3); and

(III)  The state plumbing board is governed by section 12-155-123 (4)(a).


(7)  Mistreatment of at-risk adult. A licensee, certificate holder, or registrant

substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request.

(8)  Discipline based solely on marijuana activity. (a)  Notwithstanding

subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on:

(I)  A civil or criminal judgment against the applicant, licensee, certificate

holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action:

(A)  Was lawful and consistent with professional conduct and standards of

care within Colorado; and

(B)  Did not otherwise violate Colorado law;


(II)  Previous professional disciplinary action concerning the applicant's,

licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action:

(A)  Was based solely on the applicant's, licensee's, certificate holder's, or

registrant's consumption, possession, cultivation, or processing of marijuana; and

(B)  Did not otherwise violate Colorado law.


(b)  As used in this section, unless the context otherwise requires:


(I)  Civil judgment means a final court decision and order resulting from a

civil lawsuit or a settlement in lieu of a final court decision.

(II)  Criminal judgment means a guilty verdict, a plea of guilty, a plea of nolo

contendere, or a deferred judgment or sentence.

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

744, � 1, effective October 1. L. 2020: (1)(b)(II)(C), (1)(c)(II)(E), (1)(d)(II)(K), (2)(b)(IV), and (3)(a)(II)(J) amended and (3)(c)(VII) repealed, (HB 20-1183), ch.157, p. 695, � 34, effective July 1; (1)(d)(II)(J.5) added, (HB 20-1216), ch. 190, p. 878, � 22, effective July 1; (1)(c)(II)(A), (1)(d)(II)(C), (2)(b)(I), (3)(c)(II), and (5)(b)(I) repealed, (HB 20-1286), ch. 269, p. 1312, � 8, effective July 10. L. 2021: (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) repealed, (3)(a)(II)(D.5) added, and (4)(c) amended, (SB 21-147), ch. 174, p. 950, � 2, effective September 1; (3)(a)(II)(M), (3)(a)(II)(N), (3)(c)(VI), (3)(c)(VIII), (4)(c), (5)(b)(III), and (5)(b)(IV) amended, (3)(a)(II)(O) added, and (3)(c)(IX) and (5)(b)(V) repealed, (SB 21-092), ch. 139, p. 781, � 3, effective September 1; IP(4)(c) repealed, (SB 21-266), ch. 423, p. 2796, � 10, effective September 1; (3)(a)(II)(C.5) added, (HB 21-1195), ch. 398, p. 2645, � 3, effective September 7; (7) added, (HB 21-1123), ch. 106, p. 429, � 6, effective September 7. L. 2022: (1)(d)(II)(F) and (3)(a)(II)(C) repealed, (SB 22-212), ch. 421, p. 2967, � 21, effective August 10; (1)(d)(II)(M) amended, (HB 22-1235), ch. 442, p. 3101, � 3, effective August 10; (1)(c)(II)(C) repealed, (HB 22-1263), ch. 254, p. 1849, � 3, effective September 1. L. 2023: (8) added, (SB 23-265), ch. 252, p. 1433, � 1, effective May 24; (1)(d)(II)(J.5) and (3)(a)(II)(J) amended, (SB 23-167), ch. 261, p. 1531, � 22, effective May 25. Initiated 2024: (1)(d)(II)(M) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.

Editor's note: (1)  This section is similar to former � 12-5.5-302 as it existed

prior to 2019.

(2) (a)  Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized.


(b)  Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were

harmonized.

(3)  Subsection (1)(d)(II)(M) 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 HB 20-1216, see section 1

of chapter 190, Session Laws of Colorado 2020.

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. § 13-20-803.3

13-20-803.3. Multifamily construction incentive program - created - construction defect claims against architects and engineers - statute of limitations - affirmative defenses. (1) The multifamily construction incentive program is created. On and after January 1, 2026, a builder of multifamily, attached housing of two or more units may participate in the program by:

(a)  Providing a warranty that covers any defect and damage at no cost to the

homeowner for a minimum period of:

(I)  One year for workmanship and materials;


(II)  Two years for plumbing, electrical, and materials; and


(III)  Six years for major structural components;


(b)  Having a third-party inspection performed; and


(c)  Recording a notice of election to participate in the multifamily

construction incentive program in the real property records of the county in which the property is located for the project intended to be covered before the unit is offered for sale. After recording a notice of election to participate, a builder may withdraw from the program only before the issuance of the last certificate of occupancy for the project.

(2) (a)  Except as provided in subsection (3) of this section, a person must file

with a complaint a certificate of review in compliance with section 13-20-602 for a construction defect action that is:

(I)  Against a construction professional who is an architect or engineer; and


(II)  For a program claim.


(b)  The certificate of review filed in accordance with subsection (2)(a) of this

section must, based on facts known to the party filing the certificate of review:

(I)  Set forth the architect's or engineer's negligence, including any act or

omission in providing advice, exercising judgment, giving an opinion, or exercising a similar professional skill; and

(II)  Declare that the individual consulted can demonstrate by competent

evidence that, as a result of training, education, knowledge, and experience, the consultant is competent to express an opinion as to the negligence, including an act or omission, alleged.

(c)  If a claimant fails to file the certificate of review required in this

subsection (2), the court shall dismiss the complaint against the defendant unless the claimant shows good cause for the failure.

(3)  A claimant is not required to comply with the certificate of review

requirements of subsection (2) of this section if:

(a)  A claim is for construction in which a governmental entity contracted with

a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility, a building or an associated structure, a civil works project, or a highway project; or

(b)  The period of limitation or repose could reasonably expire within ten days

after the date of filing and, because of the time constraint, the claimant has alleged that a certificate of review by a third-party architect or engineer could not be prepared. A claimant that does not file a certificate of review under this section shall supplement the complaint with a certificate of review within twenty-eight days after the filing of the complaint; except that a court may, on motion and for good cause, grant a claimant additional time to file the certificate of review.

(4)  A defendant that designates an architect or engineer as a nonparty at

fault in accordance with section 13-21-111.5 (3)(b) must file a subsequent certificate of review that complies with subsection (2) of this section and section 13-20-602. The defendant shall file a certificate of review at least forty-five days prior to any trial or proceeding on the claim. If the defendant fails to file the certificate of review as required in this subsection (4), a court shall not consider the negligence or fault of the nonparty.

(5)  Subsections (2) to (4) of this section do not:


(a)  Extend the applicable period of limitation or repose; or


(b)  Apply to a suit or action for the payment of fees arising out of the

provision of professional services.

(6)  A person shall not assert a program claim unless the defect has resulted

in one or more of the following:

(a)  Actual damage to real or personal property;


(b)  Actual loss of the use of real or personal property;


(c)  Actual bodily injury or wrongful death;


(d)  An unreasonable reduction in the capability of, or an actual failure of, a

building component to perform an intended function or purpose; or

(e)  An unreasonable risk of bodily injury or death to, or a threat to the life,

health, or safety of, the occupants of the residential property.

(7) (a) (I)  If the defendant is a construction professional who is not an

architect or engineer and who has provided the claimant a written warranty for the residence that complies with subsection (1)(a) of this section, and if the claimant discovered or should have discovered the alleged defect or damage within the longest applicable warranty period, the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(II)  If the defendant is a construction professional who is an architect or

engineer, and the construction professional performed in a manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under the same or similar circumstances, the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(b)  If a claim involves a defect or damage that is covered by the warranty

described in subsection (7)(a) of this section, the claimant shall pursue all reasonable remedies available under the warranty process before bringing an action for damages. The statute of limitations and repose shall be tolled from the date the claimant first pursued a remedy available under the warranty for no more than one year or until the completion of the warranty process, whichever is longer.

(c)  Section 13-80-104 (2) and (3) applies to the limitation of claims in this

subsection (7).

(8) (a)  For program claims, a construction professional who makes a

reasonable offer pursuant to subsection (9) of this section may be immune, in whole or in part, from an obligation, damage, loss, or liability under this part 8 related to or arising out of the construction defect, but only with respect to the portion of the claimant's damages, if any, the construction professional can demonstrate by a preponderance of the evidence were proximately caused or increased by an affirmative defense specified in subsections (8)(b) and (8)(c) of this section and not by the construction defect.

(b)  A construction professional is not liable for a damage or defect to the

extent the professional can prove, as an affirmative defense, that the damage or defect was caused:

(I)  By a weather condition, earthquake, or other natural phenomenon in

excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction;

(II)  By a human-caused event, such as war, terrorism, or vandalism;


(III)  By a homeowner's unreasonable failure to timely mitigate damages as

required in section 13-20-803.5 (1);

(IV)  By the homeowner or the homeowner's agent, employee, or construction

professional by virtue of their failure to follow the builder's or manufacturer's maintenance recommendations or to do commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a construction professional's recommended maintenance schedule, the construction professional must show that the homeowner had written notice of these maintenance schedules and recommendations and that the maintenance recommendations and schedules were reasonable at the time they were issued and that the damage or defect did not directly prevent the homeowner from performing the recommended maintenance.

(V)  After sale or transfer of ownership to the claimant, by:


(A)  The homeowner's or homeowner's agent's alterations;


(B)  Ordinary wear and tear;


(C)  Misuse of the structure or component;


(D)  Abuse of the structure or component;


(E)  Neglect of the structure or component; or


(F)  The use of the structure or component for something other than the

structure's or component's intended purpose.

(c)  A construction professional may assert an affirmative defense to the

extent that:

(I)  The damage was caused by a particular violation covered by a valid

release obtained by the construction professional, if the release is enforceable against the claimant, was executed with knowledge of the particular violation, and does not violate section 13-20-806 (7); or

(II)  The construction professional's repair completed pursuant to section 13-20-803.5 (3) was successful in correcting the particular violation and any damage

resulting from the violation of the applicable standard.

(d)  The affirmative defenses set forth in this subsection (8) are in addition to,

and shall not limit, impair, replace, or otherwise affect, any other defense available to a construction professional under statute or common law.

(9) (a)  For program claims, a construction professional and the insurer, as

defined in section 10-1-102 (13), providing coverage related to the claim shall send or deliver to the claimant, by certified mail, return receipt requested, or by personal service:

(I)  An offer to settle the claim by:


(A)  Payment of a sum certain; or


(B)  Agreeing to remedy the claimed defect described in the notice of claim;


(II)  A written response that:


(A)  Identifies the standards that apply to the claimed defect's construction

or performance; and

(B)  Explains why the claimed defect does not require repair; or


(III)  A written response that explains the construction professional's scope of

work and why the claimed defect is not within the work and responsibility of the construction professional.

(b)  A written offer to remedy a construction defect must include a report of

the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.

(c)  The construction professional shall provide an offer pursuant to

subsection (9)(a)(I) of this section within ninety days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5 or a written response pursuant to subsection (9)(a)(II) or (9)(a)(III) of this section within thirty days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5. Notwithstanding any provision in a contract or any requirement in the governing documents, if a construction professional requests an extension to provide an offer pursuant to subsection (9)(a)(I) of this section and the claimant does not agree to the requested extension, the parties shall designate a mutually agreeable third party in writing to determine whether the requested extension is reasonable. Notwithstanding any other provision in this section, the total time to provide an offer must not exceed two hundred ten days after the date of the notice of claim by the construction professional providing an offer pursuant to subsection (9)(a)(I) of this section.

(d)  If a claimant unreasonably rejects a reasonable written offer of

settlement made pursuant to this subsection (9) and subsequently commences an action against the construction professional, the court may award attorney fees and costs to the construction professional.

(e)  If a construction professional fails to make a reasonable written offer of

settlement pursuant to this subsection (9), the limitations on damages and defenses to liability provided in subsections (2), (5), (6), (7), and (8) of this section do not apply, and the court may award attorney fees and costs to the claimant.

(f) (I)  A construction professional's written offer of settlement is reasonable,

and a claimant's rejection of the offer is unreasonable, if the claimant recovers a final judgment in an amount that is less than the amount offered or the reasonable value of the repair offered by the construction professional.

(II)  A construction professional's written offer of settlement is unreasonable,

and a claimant's rejection of the offer is reasonable, if the claimant recovers a final judgment in an amount that exceeds the amount offered or the reasonable value of the repair offered by the construction professional.

(10) (a)  Within thirty days after the rejection of an offer made pursuant to

subsection (9) of this section, a claimant shall provide a construction professional with a written proposal to have the construction defect repaired at the construction professional's expense or to settle the claim.

(b)  If the construction professional does not accept the proposal provided by

the claimant pursuant to subsection (10)(a) of this section in writing within fifteen days after delivery of the proposal, the proposal is deemed to have been rejected.

(c)  If the construction professional accepts the proposal provided by the

claimant pursuant to subsection (10)(a) of this section, the construction professional shall pay the claimant's reasonable attorney fees and costs incurred in investigating the defect and proposing the repair.

(11)  Nothing in this section:


(a)  Affects the Colorado Governmental Immunity Act, article 10 of title 24,

or section 13-20-806 (7); or

(b)  Prohibits, limits, or impairs a contractual claim or expands the definition

of action in section 13-20-802.5 (1).

Source: L. 2025: Entire section added, (HB 25-1272), ch. 183, p. 785, � 3,

effective August 6.

Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of

Colorado 2025, provides that the act adding this section applies to construction defect claims brought on or after August 6, 2025.

Cross references: For the short title (Colorado American Dream Act) and

the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.

C.R.S. § 13-4-102

13-4-102. Jurisdiction. (1) Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver, except in:

(a)  Repealed.


(b)  Cases in which a statute, a municipal charter provision, or an ordinance

has been declared unconstitutional;

(c)  Cases concerned with decisions or actions of the public utilities

commission;

(d)  Water cases involving priorities or adjudications;


(e)  Writs of habeas corpus;


(f)  Cases appealed from the county court to the district court, as provided in

section 13-6-310;

(g)  Review actions of the Colorado dental board in refusing to issue or renew

or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h)  Cases appealed from the district court granting or denying

postconviction relief in a case in which a sentence of death has been imposed for an offense charged prior to July 1, 2020.

(2)  The court of appeals has initial jurisdiction to:


(a)  Review awards or actions of the industrial claim appeals office, as

provided in articles 43 and 74 of title 8, C.R.S.;

(b)  Review orders of the banking board granting or denying charters for new

state banks, as provided in article 102 of title 11, C.R.S.;

(c)  (Deleted by amendment, L. 2006, p. 761, � 19, effective July 1, 2006.)


(d)  Review all final actions and orders appropriate for judicial review of the

Colorado podiatry board, as provided in section 12-290-115;

(e)  Review all final actions and orders appropriate for judicial review of the

Colorado state board of chiropractic examiners, as provided in section 12-215-122;

(f)  Review actions of the Colorado medical board in refusing to grant or in

revoking or suspending a license or in placing the holder thereof on probation, as provided in section 12-240-127;

(g)  Review actions of the Colorado dental board in refusing to issue or renew

or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h)  Review all final actions and orders appropriate for judicial review of the

state board of nursing, as provided in articles 255 and 295 of title 12;

(i)  Review actions of the state board of optometry in refusing to grant or

renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision, as provided by section 12-275-122 (2);

(j)  Review all final actions and orders appropriate for judicial review of the

director of the division of professions and occupations, as provided in article 285 of title 12;

(k)  Review all final actions and orders appropriate for judicial review of the

state board of pharmacy, as provided in section 12-280-128;

(l)  Review decisions of the board of education of a school district in

proceedings for the dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.;

(m)  Review final decisions or orders of the Colorado real estate commission,

as provided in parts 2 and 5 of article 10 of title 12;

(m.5)  Repealed.


(n)  Review final decisions and orders of the Colorado civil rights commission,

as provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.;

(o)  Repealed.


(p)  Review decisions of the state personnel board, as provided in section 24-50-125.4, C.R.S.;


(q)  Review final actions and orders appropriate for judicial review of the

state electrical board, as provided in article 115 of title 12;

(r)  Review all final actions and orders appropriate for judicial review of the

state board of licensure for architects, professional engineers, and professional land surveyors, as provided in section 12-120-407 (4);

(s)  Review final actions and orders of the boards, as defined in section 12-245-202 (1), that are appropriate for judicial review and final actions;


(t)  (Deleted by amendment, L. 2008, p. 426, � 25, effective August 5, 2008.)


(u)  Review all final actions and orders appropriate for judicial review of the

coal mine board of examiners, as provided in section 34-22-107 (8), C.R.S.;

(v)  Review final actions and orders of the director of the division of

professions and occupations appropriate for judicial review, as provided in section 12-145-116;

(w)  Review final actions and orders appropriate for judicial review of the

examining board of plumbers;

(x)  Review decisions of the board of assessment appeals, as provided in

section 39-8-108 (2), C.R.S.;

(y) and (z)  Repealed.


(aa)  (Deleted by amendment, L. 98, p. 818, � 14, effective August 5, 1998.)


(bb)  Repealed.


(cc)  Review final actions and orders appropriate for judicial review of the

securities commissioner, as provided in section 11-59-117, C.R.S.;

(dd)  Review final actions and orders appropriate for judicial review of the

commissioner of insurance, pursuant to title 10, C.R.S.;

(ee)  Review final actions and orders appropriate for judicial review of the

Colorado racing commission, as provided in section 44-32-507 (4);

(ff)  Review final actions and orders appropriate for judicial review of the

Colorado passenger tramway safety board, as provided in section 12-150-109;

(gg)  Repealed.


(hh)  Review final actions and orders appropriate for judicial review of the

state board of veterinary medicine, as provided in section 12-315-113;

(ii)  Review all final actions and orders appropriate for judicial review of the

director of the division of professions and occupations, as provided in section 12-225-109 (4);

(jj)  Review all final actions and orders appropriate for judicial review of the

executive director of the department of labor and employment, as provided in section 8-20-104, C.R.S.;

(kk)  Review all final actions and orders appropriate for judicial review of the

director of the division of professions and occupations in the department of regulatory agencies, as provided in section 12-270-114 (8);

(ll)  Repealed.


(mm)  Review final decisions or orders of the administrator as provided in

article 20 of title 5; and

(nn)  Review final decisions or orders of the administrator as provided in

article 21 of title 5.

(3)  The court of appeals shall have authority to issue any writs, directives,

orders, and mandates necessary to the determination of cases within its jurisdiction.

(4)  (Deleted by amendment, L. 95, p. 235, � 4, effective April 17, 1995.)


Source: L. 69: p. 265, � 1. C.R.S. 1963: � 37-21-2. L. 73: p. 358, � 2. L. 74: (1)(a)

repealed, p. 236, � 4, effective July 1. L. 75: (2) amended, p. 555, � 2, effective April 9; (2) amended, p. 459, � 9, effective July 1. L. 77: (2) amended, p. 717, � 2, effective July 1. L. 78: (2) amended, p. 302, � 4, effective July 1. L. 79: (2) amended, p. 919, � 1, effective July 1; (2) amended, p. 803, � 5, effective July 1; (2) amended, p. 553, � 1, effective March 1, 1980. L. 80: (1)(g) amended, p. 438, � 2, effective January 1, 1981. L. 83: (2) amended, p. 473, � 4, effective April 5. L. 85: (2) amended, p. 566, � 12, effective July 1; (2) amended, p. 484, � 2, effective July 1; (2) amended, p. 532, � 12, effective July 1; (2) amended, p. 505, � 21, effective July 1; (2) amended, p. 510, � 8, effective July 1; (2) amended, p. 538, � 13, effective July 1; IP(1) and (1)(f) amended, p. 570, � 3, effective November 14, 1986. L. 86: (2) amended, p. 978, � 9, effective April 3; (2) amended, p. 653, � 31, effective July 1; (2) amended, p. 498, � 116, effective July 1; (2) amended, p. 621, � 34, effective July 1; (2) amended, p. 1217, � 14, effective July 1. L. 88: (2)(x) added, p. 1305, � 14, effective April 29; (2)(o) and (2)(p) amended and (2)(u) added, p. 1199, � 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, � 12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, � 6, effective July 1; (2)(o) and (2)(p) amended and (2)(v) added, p. 582, � 2, effective July 1; (2)(q) added, p. 502, � 22, effective July 1; (2)(w) added, p. 593, � 19, effective July 1. L. 89: (2)(m) amended, p. 744, � 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, �� 31, 4, 6, effective July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, � 3, effective July 7. L. 90: (2)(l) amended, p. 1128, � 2, effective July 1. L. 91: (2)(cc) added, p. 2425, � 4, effective June 8; (2)(a) amended and (4) added, p. 1337, � 54, effective July 1. L. 92: (2)(dd) added, p. 1613, � 167, effective May 20; (1)(b) amended, p. 271, � 1, effective July 1. L. 93: (2)(ee) added, p. 1235, � 2, effective July 1; (2)(ee) added, p. 1033, � 14, effective July 1; (2)(ff) added, p. 1532, � 1, effective July 1. L. 94: (2)(y) repealed, p. 705, � 7, effective April 19; (1)(h) added, p. 1474, � 3, effective July 1. L. 95: (2)(a) and (4) amended, p. 235, � 4, effective April 17; (2)(f) amended, p. 1072, � 24, effective July 1; (2)(aa) amended, p. 419, � 6, effective July 1. L. 98: (2)(s) amended, p. 1158, � 28, effective July 1; (2)(gg) added, p. 1186, � 4, effective July 1; (2)(o) and (2)(aa) amended, p. 818, � 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, � 8, effective June 5; (2)(hh) added, p. 480, � 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, � 21, effective May 21; (2)(b) amended, p. 1209, � 18, effective July 1. L. 2004: (2)(c) amended, p. 1310, � 52, effective May 28; (2)(g) amended, p. 857, � 2, effective July 1. L. 2006: (2)(c) and (2)(r) amended, p. 761, � 19, effective July 1. L. 2008: (2)(kk) added, p. 830, � 3, effective July 1; (2)(s) and (2)(t) amended, p. 426, � 25, effective August 5. L. 2010: (2)(f) amended, (HB 10-1260), ch. 403, p. 1985, � 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 364, p. 1719, � 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 129, p. 451, � 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 285, p. 1326, � 66, effective July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 139, p. 506, � 4, effective April 26; (2)(k) amended, (HB 12-1311), ch. 281, p. 1617, � 33, effective July 1. L. 2013: (2)(m.5) added, (HB 13-1277), ch. 352, p. 2054, � 4, effective January 1, 2015. L. 2014: (2)(kk) amended and (2)(ll) added, (HB 14-1398), ch. 353, p. 1646, � 3, effective June 6; (2)(g) amended, (HB 14-1227), ch. 363, p. 1736, � 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 210, p. 758, � 22, effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 274, p. 1696, � 9, effective May 29; (2)(ee) amended, (HB 18-1024), ch. 26, p. 321, � 8, effective October 1; (2)(gg) amended, (SB 18-036), ch. 34, p. 377, � 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch. 390, p. 3463, � 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 157, p. 1872, � 4, effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q), (2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch. 136, p. 1661, � 66, effective October 1. L. 2020: (1)(h) amended, (SB 20-100), ch. 61, p. 204, � 2, effective March 23; (2)(m.5) repealed, (HB 20-1402), ch. 216, p. 1045, � 23, effective June 30; (2)(bb) repealed, (HB 20-1183), ch. 157, p. 699, � 49, effective July 1; (2)(gg) repealed, (HB 20-1001), ch. 302, p. 1516, � 13, effective July 14; (1)(g) amended, (HB 20-1056), ch. 64, p. 262, � 4, effective September 14; (2)(kk) amended and (2)(ll) repealed, (HB 20-1217), ch. 93, p. 369, � 3, effective September 14. L. 2021: (2)(kk) amended, (SB 21-003), ch. 4, p. 29, � 6, effective January 21; (2)(nn) added, (HB 21-1282), ch. 482, p. 3444, � 2, effective January 1, 2022. L. 2022: (1)(g) and (2)(g) amended, (SB 22-219), ch. 381, p. 2724, � 32, effective January 1, 2023.

Editor's note: (1)  Amendments to subsection (2) by House Bill 79-1234 and

Senate Bill 79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980.

(2)  Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049,

House Bill 85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized.

(3)  Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012,

Senate Bill 86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized.

(4)  Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill

93-1268 were harmonized.

(5)  Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were

harmonized.

(6)  Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019.

However, those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective August 2, 2019.

Cross references: For the legislative declaration contained in the 2003 act

enacting subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 18-4-506.5

18-4-506.5. Tampering with a utility meter - penalty. (1) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service pipe, or other medium conducting or supplying gas, water, or electricity to any building without the knowledge and consent of the person supplying such gas, water, or electricity commits a class 2 misdemeanor.

(2)  Any person who in any manner alters, obstructs, or interferes with the

action of any meter provided for measuring or registering the quantity of gas, water, or electricity passing through said meter without the knowledge and consent of the person owning said meter commits a class 2 misdemeanor.

(3)  Nothing in this section shall be construed to apply to any licensed

electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.

Source: L. 80: Entire section added, p. 534, � 1, effective July 1.

C.R.S. § 22-25-110

22-25-110. Funding of existing programs - operation of other health education programs. (1) Nothing in this article shall be interpreted to prevent a school district or board of cooperative services currently offering health education programs from being eligible to receive funding pursuant to this article.

(2)  Nothing in this article 25 requires a school district or board of

cooperative services to establish a local comprehensive health education program nor shall it be interpreted to prevent a school district or board of cooperative services from offering a health education program that is not operated under the requirements of this article 25; except that any school district or board of cooperative services offering such a health education program shall:

(a)  Comply with the public information requirements contained in section 22-25-106 (4); and


(b)  Establish a procedure to exempt a student, upon request of the parent or

guardian of such student, from a specific portion of the health education program on the grounds that it is contrary to the religious or personal beliefs and teachings of the student or the student's parent or guardian.

(c)  Repealed.


Source: L. 90: Entire article R&RE, p. 1098, � 62, effective May 31. L. 92: (2)

amended, p. 551, � 29, effective May 28. L. 2007: (2) amended, p. 829, � 4, effective July 1. L. 2013: (2)(c) amended, (HB 13-1081), ch. 303, p. 1613, � 6, effective May 28. L. 2019: IP(2) amended and (2)(c) repealed, (HB 19-1032), ch. 408, p. 3604, � 8, effective May 31.

Cross references: For the legislative declaration contained in the 2007 act

amending subsection (2), see section 1 of chapter 212, Session Laws of Colorado 2007. For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019.

ARTICLE 26

Gifted and Talented Students

22-26-101 to 22-26-108. (Repealed)


Source: L. 2011: Entire article repealed, (HB 11-1077), ch. 30, p. 84, � 12,

effective August 10.

Editor's note: This article was added in 1985. For amendments to this article

prior to its repeal in 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

Cross references: For education of gifted children, see part 2 of article 20 of

this title.

ARTICLE 27

Educational Clinics for

Public School Dropouts

22-27-101 to 22-27-110. (Repealed)


Source: L. 2006: Entire article repealed, p. 598, � 15, effective August 7.


Editor's note: This article was added in 1987. For amendments to this article

prior to its repeal in 2006, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 27.5

Before- and After-School

Dropout Prevention Programs

22-27.5-101.  Legislative declaration. (1)  The general assembly hereby finds

that:

(a)  The unacceptably high dropout rate in public schools in Colorado is

detrimental to the economic and cultural health of the state, and the state should take additional measures to more fully and productively engage students in public education and thereby reduce this rate;

(b)  Often, students who choose to drop out of school prior to graduation are

bored with the standard classroom curriculum. Students who are involved with extracurricular school activities before or after school are more likely to be invested in their education and less likely to drop out of school.

(c)  With the increased difficulties in funding public education and increased

emphasis on core academic subjects, schools have been forced to focus their resources on teaching the core curriculum subjects of reading, writing, and mathematics and have been less able to fund visual arts or performing arts education or to provide career and technical education;

(d)  Just as all students can learn, all students are talented to varying

degrees in varying arts and endeavors. In addition to ensuring a student has the necessary skills in reading, writing, and mathematics to be successful in a career, educating a student should include providing the student the opportunity to experience and participate in a wide range of artistic and vocational activities to allow the student to discover his or her talents and be successful in life.

(e)  A grant program to provide additional funding for schools to sponsor

before- and after-school programs in visual arts and performing arts and in career and technical education subjects will have the combined benefits of providing a wider range of visual arts, performing arts, and career and technical education, exposing students to a wide range of opportunities in visual arts and performing arts, assisting students in obtaining skills in a wide variety of vocations, enabling students to discover their artistic and vocation-related talents, and providing greater incentives for some students to stay in school.

Source: L. 2005: Entire article added, p. 511, � 1, effective May 24. L. 2010:

(1)(c) and (1)(e) amended, (HB 10-1273), ch. 233, p. 1024, � 15, effective May 18.

Cross references: For the legislative declaration in the 2010 act amending

subsections (1)(c) and (1)(e), see section 1 of chapter 233, Session Laws of Colorado 2010.

22-27.5-102.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Arts-based activity program means a before- or after-school program

that provides students with an opportunity to learn about and participate in an activity in visual arts or performing arts.

(2)  Department means the department of education, created and operating

pursuant to section 24-1-115, C.R.S.

(3)  District board means a school district board of education created

pursuant to law.

(4)  Dropout prevention activity grant program or grant program means

the grant program created pursuant to section 22-27.5-103 to fund before- and after-school arts-based and vocational activity programs for students in grades six through twelve.

(4.5)  Facility school means an approved facility school as defined in

section 22-2-402 (1).

(5)  Fund means the dropout prevention activity grant fund created

pursuant to section 22-27.5-105.

(5.5)  Performing arts shall have the same meaning as provided in section

22-1-104.5 (1)(b).

(6)  Qualified community organization means a nonprofit or not-for-profit,

nonsectarian, community-based organization that provides before- and after-school, arts-based or vocational activity programs to low-income youth enrolled in grades six through twelve.

(7)  Qualified school means a public school, including but not limited to a

charter school, that serves any of grades six through twelve and that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210 for the school year in which the public school seeks a grant through the grant program.

(8)  State board means the state board of education created pursuant to

section 1 of article IX of the state constitution.

(8.5)  Visual arts shall have the same meaning as provided in section 22-1-104.5 (1)(c).


(9)  Vocational activity program means a before- or after-school program

that provides students with an opportunity to learn and develop skills in a variety of vocations, including but not limited to carpentry, plumbing, welding, culinary arts, floral design, automotive maintenance, driver's training, and hotel and restaurant management.

Source: L. 2005: Entire article added, p. 512, � 1, effective May 24. L. 2008:

(4.5) added, p. 1396, � 34, effective May 27. L. 2009: (7) amended, (SB 09-163), ch. 293, p. 1533, � 21, effective May 21. L. 2010: (1) amended and (5.5) and (8.5) added, (HB 10-1273), ch. 233, p. 1025, � 16, effective May 18.

Cross references: For the legislative declaration in the 2010 act amending

subsection (1) and adding subsections (5.5) and (8.5), see section 1 of chapter 233, Session Laws of Colorado 2010.

22-27.5-103.  Dropout prevention activity grant program - created -

applications. (1) There is hereby created a grant program to fund before- and after-school arts-based and vocational activity programs for students enrolled in grades six through twelve. The goal in funding arts-based and vocational activity programs is to reduce the number of students who choose to drop out of school prior to graduation. A facility school, a qualified school, with the approval of its district board, or a qualified community organization in partnership with a qualified school may apply to the department, in accordance with procedures and time lines adopted by rule of the state board, to receive moneys through the dropout prevention activity grant program. The department shall administer the grant program as provided in this article and pursuant to rules adopted by the state board.

(2)  In any year in which the department of education receives gifts, grants, or

donations for the fund, the department of education shall notify the facility schools and the district boards, in the manner provided by rule of the state board, of the amount of money to be deposited in the fund and available for grants pursuant to this section. The notice may also specify the time and procedure for applying for a grant from the dropout prevention activity grant program. Each district board shall forward the notice to the qualified schools of the school district. The department shall also post the notice on the department website as notice to qualified community organizations that may be interested in applying for moneys through the grant program.

(3) (a)  A qualified school that chooses to seek a grant through the dropout

prevention activity grant program shall notify its district board, specifying the amount requested and describing the arts-based or vocational activity program for which the grant would be used. The district board shall consider the qualified school's request and either approve or disapprove the qualified school's application. If the district board approves the application, the qualified school shall apply to the department, in accordance with the procedures and using the application form specified by rule of the state board, for a grant through the dropout prevention activity grant program.

(b)  Each district board shall adopt policies specifying the time frames during

which a qualified school may request a dropout prevention activity grant and the procedure for the request. The district board shall ensure that its policies are coordinated with the rules of the state board to allow a qualified school to apply for a grant in accordance with the rules of the state board.

(c)  A qualified school that receives a grant through the dropout prevention

activity grant program shall use the moneys received to provide arts-based or vocational activity programs only to students enrolled in grades six through twelve.

(3.5) (a)  A facility school that chooses to seek a grant through the dropout

prevention activity grant program shall apply to the department, in accordance with the procedures and using the application form specified by rule of the state board, for a grant through the dropout prevention activity grant program.

(b)  A facility school that receives a grant through the dropout prevention

activity grant program shall use the moneys received to provide arts-based or vocational activity programs only to students enrolled in grades six through twelve.

(4)  A qualified community organization that chooses to seek a grant through

the dropout prevention activity grant program shall enter into a partnership agreement with a qualified school or a facility school pursuant to which the qualified community organization may operate an arts-based or vocational activity program in collaboration with the qualified school or facility school for students enrolled in any of grades six through twelve. At a minimum, the partnership agreement shall specify the amount of the grant to be requested from the grant program and describe the arts-based or vocational activity program for which the grant would be used. The qualified school's participation in the partnership agreement shall be subject to the approval of the school's district board. A qualified community organization that applies for a grant through the dropout prevention activity grant program shall submit a copy of the signed partnership agreement with its grant application.

Source: L. 2005: Entire article added, p. 513, � 1, effective May 24. L. 2008:

(1), (2), and (4) amended and (3.5) added, p. 1397, � 35, effective May 27. L. 2011: (2) amended, (HB 11-1303), ch. 264, p. 1160, � 44, effective August 10.

22-27.5-104.  Dropout prevention activity grant program - rules - awarding

grants. (1) The state board shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S., for the implementation of the dropout prevention activity grant program. At a minimum, the rules shall specify the procedures for applying for a grant, the form of the grant application, the information to be provided by the applicant, and the criteria for awarding grants.

(2)  The department shall review each grant application received from a

facility school, a qualified school, or a qualified community organization pursuant to section 22-27.5-103 and shall make recommendations to the state board concerning whether the grant should be awarded and the amount of the grant. If the department determines an application is missing any information required by rules to be included with the application, the department may contact the applicant to obtain the missing information. In making its recommendations, in addition to any criteria identified by rule of the state board, the department shall:

(a)  Give first priority to applications to fund arts-based or vocational activity

programs at qualified schools that experience high dropout rates for the three school years preceding the year in which the application is submitted and to fund arts-based or vocational activity programs at facility schools;

(b)  Consider the percentage of students enrolled at the affected qualified

school or facility school who are minority students or students who qualify for free or reduced-cost lunch pursuant to the provisions of the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq., with the goal of funding arts-based and vocational activity programs at qualified schools and facility schools that enroll high percentages of minority students and students who qualify for free or reduced-cost lunch;

(c)  Consider the format of the arts-based or vocational activity program for

which funding is requested and determine the cost-effectiveness of the program, the number of students who will be able to participate, and the quality of the participatory experience offered, with the goal of funding arts-based and vocational activity programs that provide a large number of students the opportunity to directly participate in and experience an arts-based or vocational activity;

(d)  Consider whether the arts-based or vocational activity program for which

funding is requested includes a partnering relationship with businesses in the community or a component of community service, with the goal of funding those arts-based and vocational activity programs that demonstrate a connection with the community outside the school or facility school and provide a benefit to that community.

(3)  In each year in which moneys are credited to the fund, the state board

shall award grants to applicants through the dropout prevention activity grant program. The state board shall take into consideration the recommendations received from the department. In addition to any criteria adopted by rule, the state board in awarding grants shall apply the priority and considerations specified in subsection (2) of this section. A grant awarded pursuant to this article shall be valid for one year.

Source: L. 2005: Entire article added, p. 514, � 1, effective May 24. L. 2008:

(2) amended, p. 1398, � 36, effective May 27.

22-27.5-105.  Dropout prevention activity grant fund - created -

administrative costs - repeal. (1) (a) There is hereby created in the state treasury the dropout prevention activity grant fund. The fund shall consist of any gifts, grants, or donations received by the department for the fund pursuant to subsection (2) of this section. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the dropout prevention activity grant program pursuant to this article.

(b)  Any moneys in the fund not expended for the purpose of this article may

be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(2)  The department is authorized to seek and accept gifts, grants, and

donations from private or public sources for the implementation of the dropout prevention activity grant program pursuant to this article. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund.

(3)  The department may expend up to two percent of the moneys annually

appropriated from the fund to offset the direct and indirect costs incurred in implementing the dropout prevention activity grant program pursuant to this article.

(4)  (Deleted by amendment, L. 2011, (HB 11-1303), ch. 264, p. 1160, � 45,

effective August 10, 2011.)

(5) (a)  Notwithstanding any provision of this section to the contrary, on June

30, 2025, the state treasurer shall transfer the unexpended and unencumbered balance of the fund to the general fund.

(b)  This subsection (5) is repealed, effective July 1, 2026.


Source: L. 2005: Entire article added, p. 515, � 1, effective May 24. L. 2011:

(1)(a) and (4) amended, (HB 11-1303), ch. 264, p. 1160, � 45, effective August 10. L. 2025: (5) added, (SB 25-264), ch. 129, p. 500, � 12, effective April 25.

22-27.5-106.  Dropout prevention activity grant programs - report. (1)  Each

facility school, qualified school, and qualified community organization that receives a dropout prevention activity program grant shall, in each year that it receives the grant, report to the department a description of the arts-based or vocational activity program and the projects accomplished through the program and an indication of the number of students who participated in the program.

(2)  On or before January 15, 2007, and on or before January 15 each year

thereafter, the department shall report to the education committees of the house of representatives and the senate and to the governor the following information from the preceding school year:

(a)  The number and amounts of dropout prevention activity program grants

awarded;

(b)  A description of the arts-based and vocational activity programs that

received grants;

(c)  The number of students who participated in the arts-based and vocational

activity programs that received grants; and

(d)  The student dropout rates of the qualified schools at which the funded

arts-based and vocational activity programs were operated.

Source: L. 2005: Entire article added, p. 516, � 1, effective May 24. L. 2008:

(1) amended, p. 1398, � 37, effective May 27.

ARTICLE 28

Colorado Preschool Program Act

22-28-101 to 22-28-114.  (Repealed)


Editor's note: (1)  This article 28 was added in 1988. For amendments to this

article 28 prior to its repeal in 2023, consult the 2022 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 22-28-113 provided for the repeal of this article 28, effective July

1, 2023. (See L. 2022, p. 776.)

ARTICLE 29

Character Education

C.R.S. § 22-32-153

22-32-153. School ventilation and energy efficiency verification and repair - applicability of section - ventilation verification assessment - filtration - HVAC assessment report - mechanical engineer review - adjustments, repairs, upgrades, and replacements - HVAC verification report - certified contractors - grants - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  ACCA means the Air Conditioning Contractors of America.


(b)  ASHRAE means the American Society of Heating, Refrigerating and

Air-Conditioning Engineers.

(c)  Certified contractor means a contractor on the certified contractor list.


(d)  Certified contractor list means the certified contractor list created by

the department of labor and employment pursuant to section 40-3.2-105.6 (3)(a).

(e)  Certified TAB technician means a technician certified to perform

testing, adjusting, and balancing of HVAC systems by:

(I)  The Associated Air Balance Council;


(II)  The National Environmental Balancing Bureau;


(III)  The Testing, Adjusting and Balancing Bureau; or


(IV)  A successor organization of an organization named in subsection (1)(e)(I),

(1)(e)(II), or (1)(e)(III) of this section.

(f)  CO2 means carbon dioxide.


(g)  Department means the department of education created in section 24-1-115.


(h)  HVAC means heating, ventilation, and air conditioning.


(i)  HVAC assessment report means an HVAC assessment report described

in subsection (4) of this section.

(j)  International mechanical code means the 2021 international mechanical

code published by the International Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.

(k)  ISO/IEC 17024 personnel certification standard means the ISO/IEC

17024 personnel certification accreditation standard developed by the International Organization for Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.

(l)  Local education provider means:


(I)  A local education provider, as defined in section 22-16-103 (4); and


(II)  The Colorado school for the deaf and the blind described in section 22-80-102.


(m)  Mechanical engineer means a professional engineer who is licensed

pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.

(n)  MERV means minimum efficiency reporting value, as established by:


(I)  ANSI/ASHRAE standard 52.2-2017, Method of Testing General

Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size;

(II)  ANSI/ASHRAE standard 62.1-2022, Ventilation and Acceptable Indoor

Air Quality;

(III)  ANSI/ASHRAE/ACCA standard 180-2018, Standard Practice for

Inspection and Maintenance of Commercial Building HVAC Systems; and

(IV)  ASHRAE standard 241-2023, Control of Infectious Aerosols.


(o)  NOx has the meaning set forth in section 25-7-1502 (8).


(p)  Occupied areas means the classrooms, auditoriums, gymnasiums,

cafeterias, nurses' offices, restrooms, and offices of a school.

(q)  Project labor agreement has the meaning set forth in 48 CFR 52.222-34.


(r)  Qualified adjusting personnel means:


(I)  A certified TAB technician; or


(II)  A worker who is under the direct supervision of a certified TAB technician.


(s)  Qualified personnel means qualified testing personnel, qualified

adjusting personnel, or other workforce that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.

(t)  Qualified testing personnel means:


(I)  A certified TAB technician; or


(II)  An individual certified to perform ventilation assessments of HVAC

systems by the International Certification Board or through an equivalent certification program or body accredited under the ISO/IEC 17024 personnel certification standard.

(u)  School means an educational facility operated by a local education

provider.

(v)  TAB means testing, adjusting, and balancing of an HVAC system.


(2)  Applicability of section. On and after August 6, 2025, if a local education

provider undertakes HVAC infrastructure improvements at a school using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.

(3)  Ventilation verification assessment. Qualified personnel shall perform

all of the following:

(a)  Filtration. MERV 13 or better filtration must be installed in a school's

HVAC system where feasible. Qualified personnel shall:

(I)  Review system capacity and airflow to determine the highest MERV

filtration that can be installed without adversely impacting equipment; and

(II)  Replace or upgrade filters where needed and verify that filters are

installed correctly.

(b)  Ventilation and exhaust. After assessing the filtration as described in

subsection (3)(a) of this section, qualified personnel shall assess the ventilation rates in the school's occupied areas to determine whether they meet the minimum ventilation rate requirements set forth in the international mechanical code. Assessment of the ventilation and exhaust must include all the following:

(I)  Calculation of the estimated minimum outside air ventilation rates for

each occupied area based on the maximum anticipated occupancy and the minimum required ventilation rate per occupant. Calculations must be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.

(II)  Measurement of outside air and verification that the system provides at

least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;

(III)  Verification of coil velocities and unit discharge air temperatures

required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;

(IV)  Verification that separation between outdoor air intakes and exhaust

discharge outlets meets the requirements of the international mechanical code;

(V)  Confirmation that the air handling unit is bringing in outdoor air and

removing exhaust air as intended by the system design; and

(VI)  Measurement of all exhaust air volume for exhaust fans, such as

restroom exhaust fans, including documentation of any discrepancies from system design.

(c)  Economizers. For HVAC systems with economizers, qualified personnel

shall test system economizer dampers and controls for proper operation. Economizer dampers and controls that are not properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel. Qualified personnel shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.

(d)  Demand control ventilation. (I)  If demand control ventilation systems are

installed, qualified personnel shall verify their proper operation.

(II)  Demand control ventilation systems that are not properly functioning

shall be repaired by a certified contractor or the certified contractor's qualified personnel.

(III)  If a demand control ventilation system is recommended to be disabled or

is unable to provide recommended ventilation rates, the HVAC system must be configured to meet the minimum ventilation rate requirements without use of the demand control ventilation system and must be tested and adjusted to achieve at least the estimated minimum outside air ventilation rate, as described in subsection (3)(b)(I) of this section.

(e)  Air distribution and building pressurization. (I)  Qualified personnel shall:


(A)  Perform survey readings of inlets and outlets to verify that all ventilation

is reaching the served zones and that there is adequate air distribution;

(B)  Verify that inlets and outlets are balanced within tolerance of the system

design; and

(C)  Document read values and deficiencies. If the original system design

values are not available, qualified personnel shall document available information and note the unavailability of system design values in the HVAC assessment report.

(II)  Qualified personnel shall verify building and space pressure to ensure

that:

(A)  The pressure differential is within tolerance of design, if known; and


(B)  The school building is not over pressurized.


(f)  General maintenance. Qualified personnel shall verify coil condition,

condensate drainage, cooling coil air temperature differential (entering and leaving dry bulb), heat exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.

(g)  Operational controls. Qualified personnel shall review control sequences

to verify that systems will maintain intended ventilation, temperature, and humidity conditions during school operation.

(4)  HVAC assessment report. Qualified personnel shall prepare an HVAC

assessment report for review by a mechanical engineer. The HVAC assessment report must include all of the following information:

(a)  The name and address of the school and the certified contractor

completing the work, including the name of the qualified personnel preparing the assessment report and the name of the mechanical engineer certifying the assessment report;

(b)  A description of assessment, maintenance, adjustment, and repair

activities and outcomes;

(c)  Documentation of HVAC equipment model numbers, serial numbers, the

general condition of units, and any additional information that could be used to assess replacement and repair options given the potential for increased energy efficiency benefits;

(d)  Verification that either:


(I)  MERV 13 filters have been installed; or


(II)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(e)  Verification that all requirements described in this subsection (4) have

been satisfied;

(f)  The verified ventilation rates for occupied areas and whether those rates

meet the estimated requirements set forth in the international mechanical code;

(g)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements of the system's design; and

(h)  Documentation of system deficiencies and recommendations for

additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.

(5)  Mechanical engineer review. A mechanical engineer shall:


(a)  Review the HVAC assessment report;


(b)  Verify or adjust the estimated minimum outside air ventilation rates;


(c)  Determine what, if any, additional adjustments, repairs, upgrades, or

replacements are necessary to meet the minimum ventilation and filtration requirements of the international mechanical code;

(d)  Recommend a pathway for reducing NOx emissions and greenhouse gas

emissions; and

(e)  Provide a cost estimate for all recommended work.


(6)  Adjustments, repairs, upgrades, and replacements. All HVAC repairs,

upgrades, and replacements shall be performed by a certified contractor or the certified contractor's qualified personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.

(7)  HVAC verification report. (a)  A certified contractor or a member of the

certified contractor's qualified personnel shall prepare an HVAC verification report within ten business days after completion of all work described in subsections (3) to (6) of this section.

(b)  The HVAC verification report must include all of the following

information:

(I)  The name and address of the school and the person preparing and

certifying the report;

(II)  A description of assessment, maintenance, adjustment, repair, upgrade,

and replacement activities and outcomes;

(III)  Verification that the certified contractor or the certified contractor's

qualified personnel has complied with all requirements of this section;

(IV)  Verification that either:


(A)  MERV 13 filters have been installed; or


(B)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(V)  The verified ventilation rates for occupied areas and whether those rates

meet the requirements set forth in the international mechanical code. If ventilation rates do not meet applicable guidance, then the HVAC verification report must include an explanation of why the current system is unable to meet those rates.

(VI)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements set forth in the system's design;

(VII)  Documentation of repairs, upgrades, or replacements performed in

response to:

(A)  The HVAC assessment report; and


(B)  The mechanical engineer's recommendations made pursuant to

subsection (5) of this section;

(VIII)  Documentation of recommendations for additional maintenance,

repairs, replacements, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;

(IX)  Documentation of the mechanical engineer's recommended pathway for

reducing NOx emissions and greenhouse gas emissions;

(X)  Documentation of initial operating verifications, adjustments, and final

operating verifications and documentation of any adjustments or repairs performed; and

(XI)  Verification that all work has been performed by a certified contractor or

the certified contractor's qualified personnel, including the contractor's name, the names of the qualified personnel, the certification numbers of any qualified personnel, and verification that all construction work has been performed by a certified contractor or the certified contractor's qualified personnel.

(c)  A local education provider shall maintain a copy of the HVAC verification

report for at least five years and make it available to the public upon request.

(8)  Certified contractors (a)  If a local education provider undertakes HVAC

infrastructure improvements as described in this section using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall:

(I)  Obtain and make use of the certified contractor list to assist in contractor

selection and ensure compliance with federal funding requirements; and

(II)  Employ only certified contractors or contractors that use prevailing

wages and apprentices registered with the federal department of labor or the state apprenticeship agency created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.

(b)  The department shall publish the certified contractor list on its website

and include or reference the list in all of the relevant marketing material for school infrastructure improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.

(c)  The requirement described in subsection (8)(a) of this section does not

apply to mechanical, plumbing, and electrical work that is performed pursuant to a project labor agreement that allows a contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.

(d) (I)  Upon evaluation of bids submitted for an HVAC infrastructure

improvement contract, the local education provider may waive the requirements of this subsection (8) if the local education provider determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.

(II)  A local education provider that undertakes HVAC infrastructure

improvements subject to the requirements of this subsection (8) shall make public all waivers and the specific rationale for granting a waiver. The local education provider shall post notice of a waiver and a justification for the waiver on its website.

Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2262, � 2,

effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

ARTICLE 32.5

Innovation Schools and Innovation School Zones

Within School Districts

22-32.5-101.  Short title. This article shall be known and may be cited as the

Innovation Schools Act of 2008.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28.


22-32.5-102.  Legislative declaration. (1)  The general assembly hereby finds

that:

(a)  The constitutional provisions regarding the public education system

direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;

(b)  The constitution's requirement that each school district board of

education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;

(c)  In tailoring the delivery of educational services, it is also important that

the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;

(d)  To further the goals of high-quality public education throughout the

state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and

(e)  While the ultimate responsibility for controlling the instruction in public

schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.

(2)  The general assembly therefore finds that it is in the best interests of the

people of Colorado to enact the Innovation Schools Act of 2008 to achieve the following purposes:

(a)  To grant to Colorado's school districts and public schools greater ability

to meet the educational needs of a diverse and constantly changing student population;

(b)  To encourage intentionally diverse approaches to learning and education

within individual school districts;

(c)  To improve educational performance through greater individual school

autonomy and managerial flexibility;

(d)  To encourage school districts, where appropriate, to create and manage a

portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;

(e)  To encourage innovation in education by providing local school

communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;

(f)  To encourage school districts and public schools to find new ways to

allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and

(g)  To hold public schools that receive greater autonomy under this article

accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.

(3)  The general assembly further declares that:


(a)  Since the Innovation Schools Act of 2008 was passed, innovations have

been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;

(b)  The cornerstone of innovation work is empowering educators and families

to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;

(c)  The Innovation Schools Act of 2008 identifies areas of innovation that

schools are encouraged to explore, including innovations in governance;

(d)  Local school boards and innovation school zones have implemented

alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;

(e)  Innovation schools were designed as an opportunity for schools that

operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;

(f)  If disputes arise between an innovation school zone as a whole, or a

school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and

(g)  The dispute resolution process described in this article 32.5 is modeled

from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28. L. 2022:

(3) added, (SB 22-197), ch. 307, p. 2213, � 1, effective August 10.

22-32.5-103.  Definitions.  As used in this article 32.5, unless the context

otherwise requires:

(1)  Commissioner means the commissioner of education appointed by the

state board of education pursuant to section 22-2-110.

(1.5)  Community school means a public school that implements the

following:

(a)  An annual asset and needs assessment of and by both the school and the

community that engages at least seventy-five percent of families, students, and educators in the community;

(b)  A strategic plan that includes the creation of problem-solving teams who

are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;

(c)  A process to engage partners who bring assets and expertise to

implement the school's goals; and

(d)  A community school coordinator who is a school staff member at the

community school site and who:

(I)  Has the primary responsibility to facilitate the problem-solving teams

implemented pursuant to subsection (1.5)(b) of this section; and

(II)  In consultation with school leadership, shall assemble relevant

stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.

(1.7)  Department means the department of education created in section

24-1-115.

(2)  District of innovation means a school district that is designated as a

district of innovation pursuant to section 22-32.5-107.

(3)  Innovation school means a school in which a local school board

implements an innovation plan pursuant to section 22-32.5-104.

(4)  Innovation school zone means a group of schools of a school district

that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.

(4.5)  Innovation school zone with alternative governance means an

innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.

(5)  Local school board means the board of education of a school district.


(5.5)  Neutral third party means a trained individual who assists disputants

in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.

(6)  State board means the state board of education created pursuant to

section 1 of article IX of the state constitution.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2019:

IP amended and (1.5) added, (SB 19-102), ch. 82, p. 293, � 1, effective August 2. L. 2022: (1.7), (4.5), and (5.5) added, (SB 22-197), ch. 307, p. 2214, � 2, effective August 10.

22-32.5-104.  Innovation plans - submission - contents. (1) (a)  A public

school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.

(b)  A local school board shall receive and review each innovation plan or plan

for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.

(c)  If the local school board rejects the plan, it shall provide to the public

school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.

(d)  If the local school board approves the plan, it may proceed to seek

designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(2)  A local school board may initiate and collaborate with one or more public

schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(3)  Each innovation plan, whether submitted by a public school or created by

a local school board through collaboration between the local school board and a public school, must include the following information:

(a)  A statement of the public school's mission and why designation as an

innovation school would enhance the school's ability to achieve its mission;

(b)  A description of the innovations the public school would implement,

which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;

(c)  A listing of the programs, policies, or operational documents within the

public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:

(I)  The research-based educational program the public school would

implement;

(II)  The length of school day and school year at the public school;


(III)  The student promotion and graduation policies to be implemented at the

public school;

(IV)  The public school's assessment plan;


(V)  The proposed budget for the public school; and


(VI)  The proposed staffing plan for the public school.


(d)  An identification of the improvements in academic performance that the

public school expects to achieve in implementing the innovations;

(e)  An estimate of the cost savings and increased efficiencies, if any, the

public school expects to achieve in implementing its identified innovations;

(f)  Evidence that a majority of the administrators employed at the public

school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;

(g)  A statement of the level of support for designation as an innovation

school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;

(h)  A description of any statutory sections included in this title or any

regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;

(i)  A description of any provision of the collective bargaining agreement in

effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and

(j)  Any additional information required by the local school board of the

school district in which the innovation plan would be implemented.

(4)  Each plan for creating an innovation school zone, whether submitted by a

group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:

(a)  A description of how innovations in the public schools in the school

innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;

(b)  An estimate of any economies of scale that would be achieved by

innovations implemented jointly by the public schools within the innovation school zone;

(c)  Evidence that a majority of the administrators and a majority of the

teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and

(d)  A statement of the level of support for creating an innovation school zone

demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.

(5)  A group of schools that submits a plan to create an innovation school

zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:

(a)  An explanation of how alternative governance will help achieve the vision

and goals of the group of schools in a school district;

(b)  A description of the organization and the organization's governing board

and governance structure;

(c)  A description of the roles and duties of the organization's governing

board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;

(d)  A description of the zone staffing structure and management the

organization would provide;

(e)  A description of how funds will be used to achieve the mission and

academic performance of the innovation plan;

(f)  A description of where an easily accessible link to the federal form 990,

990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;

(g)  A description of the terms under and process by which a school within an

innovation school zone may elect to leave the innovation school zone; and

(h)  A description of the method the school district will use for determining

the cost of services and a corresponding financial agreement with the innovation school zone.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2009:

(3)(f) and (4)(c) amended, (SB 09-163), ch. 293, p. 1542, � 44, effective May 21; (3)(f) and (4)(c) amended, (SB 09-090), ch. 291, p. 1444, � 17, effective August 5. L. 2018: IP(3) and (3)(b) amended, (HB 18-1355), ch. 324, p. 1954, � 18, effective May 30. L. 2019: (3)(b) amended, (SB 19-102), ch. 82, p. 294, � 2, effective August 2. L. 2022: (5) added, (SB 22-197), ch. 307, p. 2214, � 3, effective August 10.

22-32.5-105.  Suggested innovations. (1)  In considering or creating an

innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:

(a)  Curriculum and academic standards and assessments;


(b)  Accountability measures, including but not limited to expanding the use

of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:

(I)  Use of graduation or exit examinations;


(II)  Use of end-of-course examinations;


(III)  Use of student portfolio reviews;


(IV)  Use of national and international accountability measures such as the

national assessment of educational progress and the program for international student assessment;

(V)  Measuring the percentage of students continuing into higher education;

and

(VI)  Measuring the percentage of students simultaneously obtaining a high

school diploma and an associate's degree or a career and technical education certificate.

(c)  Provision of services, including but not limited to special education

services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;

(d)  Teacher recruitment, training, preparation, and professional

development;

(e)  Teacher employment;


(f)  Performance expectations and evaluation procedures for teachers and

principals;

(g)  Compensation for teachers, principals, and other school building

personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;

(h)  School governance and the roles, responsibilities, and expectations of

principals in innovation schools or schools within an innovation school zone; and

(i)  Preparation and counseling of students for transition to higher education

or the work force.

Source: L. 2008: Entire article added, p. 1425, � 1, effective May 28. L. 2010:

(1)(c) amended, (SB 10-062), ch. 168, p. 595, � 12, effective April 29. L. 2014: (1)(c) amended, (HB 14-1298), ch. 244, p. 937, � 22, effective May 21. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 438, � 92, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

22-32.5-106.  Innovation planning - financial support. Each public school

and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28.


22-32.5-107.  District of innovation - designation. (1)  Each local school

board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.

(2)  A local school board that seeks designation as a district of innovation

shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.

(3) (a)  Within sixty days after receiving a local school board's innovation plan

or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:

(I)  Is likely to enhance educational opportunity, standards, and quality within

the innovation schools or innovation school zones; and

(II)  Is fiscally feasible.


(b)  If the state board does not designate a school district as a district of

innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.

(4)  It is the intent of the general assembly that the department of education

receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28. L. 2017:

(3)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 1, effective August 9.

22-32.5-108.  District of innovation - waiver of statutory and regulatory

requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:

(a)  Any statutes specified in section 22-2-117 (1)(b);


(b)  Any provision of article 64 of this title; or


(c)  Any statutes that are not included in this title, including but not limited to

article 51 of title 24, C.R.S.

(2)  Each district of innovation continues to be subject to all statutes and

rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:

(a)  The state assessment requirements specified in section 22-7-1006.3;


(b)  Article 11 of this title; and


(c)  The requirements of the federal No Child Left Behind Act of 2001, 20

U.S.C. sec. 6301 et seq.

(3)  Designation as a district of innovation must not affect a school district's:


(a)  Total program funding calculated pursuant to the Public School Finance

Act of 2025, article 54 of this title 22; or

(b)  Eligibility for funding under, or the amount received through, a

categorical program, as defined in section 22-55-102 (4).

(4)  Each district of innovation that receives a waiver pursuant to this section

shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.

(5) (a)  If the local school board for a district of innovation revises an

innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.

(b)  Except as otherwise provided in paragraph (a) of this subsection (5), a

waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.

Source: L. 2008: Entire article added, p. 1427, � 1, effective May 28. L. 2009:

(2)(b) amended, (SB 09-163), ch. 293, p. 1543, � 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 2, effective August 9. L. 2024: IP(3) and (3)(a) amended, (HB 24-1448), ch. 236, p. 1533, � 44, effective May 23.

22-32.5-109.  District of innovation - collective bargaining agreements. (1)

(a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.

(b)  For an innovation school, waiver of one or more of the provisions of the

collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.

(c)  For an innovation school zone, waiver of one or more of the provisions of

the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.

(d)  If a local school board, in collaboration with the innovation school or the

public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.

(e)  Except as otherwise provided in paragraph (d) of this subsection (1),

waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.

(2)  A district of innovation shall not be required to seek a waiver by an

innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.

(3)  A person who is a member of the collective bargaining unit and is

employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the

C.R.S. § 24-1-122

24-1-122. Department of regulatory agencies - creation. (1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(1.1)  Repealed.


(2)  The department of regulatory agencies consists of the following

divisions:

(a)  The public utilities commission, created in article 2 of title 40. The public

utilities commission 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 of regulatory agencies as a division thereof. The director of the commission serves as the division director.

(a.5)  The office of the utility consumer advocate and the utility consumers'

board, created in article 6.5 of title 40. The office of the utility consumer advocate 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 of regulatory agencies as a division of the department. The utility consumers' board is a type 2 entity, as defined in section 24-1-105. The utility consumers' board exercises its powers and performs its duties and functions under the department and is allocated to the office of the utility consumer advocate.

(b) (I)  The division of insurance, created in section 10-1-103, the head of which

is the commissioner of insurance. The division of insurance 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 of regulatory agencies.

(II)  The workers' compensation classification appeals board, created in

section 8-55-101 (1). The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of insurance.

(c)  The division of financial services, the head of which is the state

commissioner of financial services. The financial services board, created in section 11-44-101.6, is a type 1 entity, as defined in section 24-1-105. The financial services board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of financial services. The office of state commissioner of financial services and the division of financial services, created in article 44 of title 11, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(d)  The division of banking, the head of which is the state bank commissioner.

The banking board, created in article 102 of title 11 is a type 1 entity, as defined in section 24-1-105. The banking board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of banking.

(e)  The division of securities, the head of which is the commissioner of

securities. The securities board, created in section 11-51-702.5, is a type 1 entity, as defined in section 24-1-105. The securities board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of securities. The division of securities, and the office of commissioner of securities, created in article 51 of title 11, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(f)  Repealed.


(g)  The division of professions and occupations, the head of which is the

director of professions and occupations, which office is hereby created. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105.

(h)  The Colorado civil rights division, the head of which is the director of the

Colorado civil rights division, and the Colorado civil rights commission. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created in part 3 of article 34 of this title 24, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(i) and (j)  Repealed.


(k) (I)  The division of real estate, the head of which is the director of the

division, and the real estate commission. The division of real estate and the director of the division, created in part 2 of article 10 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The real estate commission, created in part 2 of article 10 of title 12, 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 of regulatory agencies.

(II)  The division of real estate includes the board of real estate appraisers,

created in part 6 of article 10 of title 12. The board of real estate appraisers 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 of regulatory agencies. The division of real estate also includes the board of mortgage loan originators, created in section 12-10-703. The board of mortgage loan originators 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 of regulatory agencies.

(l)  The division of conservation, the head of which is the director of the

division, and the conservation easement oversight commission. The division of conservation and the director of the division, created in article 15 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The conservation easement oversight commission, created in section 12-15-103, is a type 2 entity, as defined in section 24-1-105. The conservation easement oversight commission exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of conservation.

(3)  The following boards and agencies in the department of regulatory

agencies are allocated to the division of professions and occupations and are type 1 entities, as defined in section 24-1-105:

(a)  Repealed.


(b)  State board of accountancy, created by article 100 of title 12;


(c)  (Deleted by amendment, L. 2006, p. 742, � 10, effective July 1, 2006.)


(d) to (g)  Repealed.


(h)  Colorado state board of chiropractic examiners, created by article 215 of

title 12;

(i) and (j)  Repealed.


(k)  Colorado dental board, created in article 220 of title 12;


(l)  Repealed.


(m) (I)  Colorado medical board, created by article 240 of title 12;


(II)  Colorado podiatry board, created by article 290 of title 12;


(n) and (o)  Repealed.


(p)  State board of optometry, created by article 275 of title 12;


(q)  Passenger tramway safety board, created by article 150 of title 12;


(r)  State board of pharmacy, created by part 1 of article 280 of title 12;


(s) and (t)  Repealed.


(u)  State board of licensure for architects, professional engineers, and

professional land surveyors, created by section 12-120-103;

(v)  Colorado state board of psychologist examiners, created by part 3 of

article 245 of title 12;

(w) and (x)  Repealed.


(y)  State board of veterinary medicine, created by article 315 of title 12;


(z)  Board of examiners of nursing home administrators, created by article

265 of title 12;

(aa)  State plumbing board, created by article 155 of title 12;


(bb) to (ee)  Repealed.


(ff)  State electrical board, created by article 115 of title 12;


(gg)  State board of nursing, created by article 255 of title 12;


(hh)  Repealed.


(ii)  State board of social work examiners, created by part 4 of article 245 of

title 12;

(jj)  State board of marriage and family therapist examiners, created by part 5

of article 245 of title 12;

(kk)  State board of licensed professional counselor examiners, created by

part 6 of article 245 of title 12;

(ll)  State board of unlicensed psychotherapists, created by part 7 of article

245 of title 12;

(mm)  State board of addiction counselor examiners, created by part 8 of

article 245 of title 12.

(nn)  The state physical therapy board, created in part 1 of article 285 of title

12.

(4)  The following boards and agencies in the department of regulatory

agencies are allocated to the division of professions and occupations and are type 2 entities, as defined in section 24-1-105:

(a) to (e)  Repealed.


(f)  The office of combative sports, created in section 12-110-105, and the

Colorado combative sports commission, created in section 12-110-106.

(5)  Repealed.


(6) (a)  The Colorado prescription drug affordability review board created in

section 10-16-1402 is a type 1 entity, as defined in section 24-1-105. The Colorado prescription drug affordability review board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.

(b)  The Colorado prescription drug affordability advisory council created in

section 10-16-1409 is a type 2 entity, as defined in section 24-1-105. The Colorado prescription drug affordability advisory council exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.

Source: L. 68: p. 85, � 22. L. 69: p. 838, � 3. C.R.S. 1963: � 3-28-22. L. 70: p.

424, � 13. L. 71: p. 105, � 12. L. 72: p. 143, � 2. L. 73: pp. 935, 1038, 1065, �� 26, 2, 2. L. 74: (3)(ff) added, p. 276, � 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, �� 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, �� 2, 3, effective July 1; (3)(ee) added, p. 553, � 2, effective July 1; (4) added, p. 487, � 2, effective July 1. L. 76: (3)(g) repealed, p. 400, � 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, �� 40, 41, effective May 20; (3)(f) repealed, p. 416, � 13, effective July 1; (3)(l) repealed, p. 429, � 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, � 3, effective July 1; (3)(d) repealed, p. 626, � 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, �� 2, 4, effective July 1; (3)(i) repealed, p. 633, � 8, effective July 1. L. 78: (2)(b) amended, p. 284, � 2, effective July 1; (2)(i) amended and (3)(x) repealed, pp. 265, 266, �� 62, 63, effective May 23; (3)(bb) amended, p. 315, � 3, effective July 1; (3)(cc) repealed, p. 266, � 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, �� 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, � 1, effective July 1; (2)(k) added, p. 567, � 1, effective July 1; (2)(k) added and (3)(w) repealed, �� 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, � 1, effective March 1, 1980. L. 80: (5) added, p. 592, � 2, effective May 1; (3)(m) amended, p. 795, � 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, � 5, effective July 1; (3)(gg) added, p. 495, � 3, effective July 1. L. 81: (1.1) added, p. 1192, � 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, �� 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, � 23, effective April 2. L. 83: (3)(n) repealed, p. 575, � 10, effective April 22; (3)(a) repealed, p. 513, � 4, effective May 16; (4)(e) added, p. 580, � 2, effective July 1; (3)(bb) repealed, p. 2049, � 11, effective October 14. L. 85: (2)(b) amended, p. 382, � 4, effective April 17; (2)(f) amended, p. 553, � 6, effective July 1. L. 86: (4)(d) repealed, p. 447, � 6, effective April 17. L. 88: (2)(d) amended, p. 417, � 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, �� 2, 9, effective July 1; (4)(e) repealed, p. 582, � 3, effective July 1. L. 89: (2)(a) amended, p. 1524, � 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, �� 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, � 3, effective July 1. L. 93: (2)(c) amended , p. 1455, � 19, effective June 6; (2)(f) repealed, p. 1784, � 54, effective June 6; (2)(a.5) added, p. 974, � 2, effective July 1; (2)(f) repealed, p. 1033, � 16, effective July 1; (2)(f) repealed, p. 1237, � 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, � 8, effective April 19; (2)(e) amended, p. 1848, � 16, effective July 1. L. 96: (2)(b) amended, p. 1144, � 3, effective October 1. L. 97: (1.1) repealed, p. 523, � 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, � 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, � 16, effective May 14; (2)(d) amended, p. 1210, � 20, effective July 1. L. 2004: (3)(u) amended, p. 1310, � 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, � 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, � 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, � 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, � 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, � 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, � 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, � 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, � 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, � 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, � 124, effective October 1. L. 2020: (3)(ll) amended, (HB 20-1206), ch. 304, p. 1551, � 66, effective July 14. L. 2021: (6) added, (SB 21-175), ch. 240, p. 1276, � 3, effective June 16; IP(2) and (2)(a.5) amended, (SB 21-103), ch. 477, p. 3413, � 10, effective September 1. L. 2022: (2)(a), (2)(a.5), (2)(b), (2)(c), (2)(d), (2)(e), (2)(g), (2)(h), (2)(k), (2)(l), IP(3), IP(4), and (6) amended and (3)(nn) and (4)(f) added, (SB 22-162), ch. 469, p. 3386, � 99, effective August 10.

Editor's note: (1)  Section 4 of chapter 131, Session Laws of Colorado 1975,

provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975.

(2)  Section 5 of chapter 142, Session Laws of Colorado 1975, provides that

the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975.

(3)  Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill

79-1231 were harmonized.

(4)  Subsection (5)(b) provided for the repeal of subsection (5), effective July

1, 1981. (See L. 80, p. 592.)

Cross references: (1)   For the creation of the office of commissioner of

insurance, see � 10-1-104.

(2)  For the legislative declaration in SB 21-175, see section 1 of chapter 240,

Session Laws of Colorado 2021.

(3)  For the short title (the Debbie Haskins 'Administrative Organization Act

of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 24-30-1301

24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:

(1) (a)  Capital asset means:


(I)  Real property;


(II)  Fixed equipment;


(III)  Movable equipment; or


(IV)  Instructional or scientific equipment with a cost that exceeds fifty

thousand dollars; except that capital asset does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.

(b)  Capital asset does not mean information technology. All information

technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.

(2)  Capital construction means:


(a)  Acquisition of a capital asset or disposition of real property;


(b)  Construction, demolition, remodeling, or renovation of real property

necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;

(c)  Site improvement or development of real property;


(d)  Installation of the fixed or movable equipment necessary for the

operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;

(e)  Installation of the fixed or movable equipment necessary for the conduct

of programs in or on real property upon completion of the new construction, remodeling, or renovation;

(f)  Contracting for the services of architects, engineers, and other

consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or

(g)  (Deleted by amendment, L. 2014.)


(3) (a)  Capital renewal means a controlled maintenance project of real

property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.

(b)  Beginning on January 1, 2029, and on January 1 of every three-year period

thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand - construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.

(4)  Controlled maintenance means:


(a)  Corrective repairs or replacement, including improvements for health, life

safety, and code requirements, used for existing real property; and

(b)  Corrective repairs or replacement, including improvements for health, life

safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.

(c)  Controlled maintenance may include contracting for the services of

architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.

(5)  Department means the department of personnel.


(6)  Economic life means the projected or anticipated useful life of real

property.

(7)  Executive director means the executive director of the department of

personnel.

(8)  Facility means a state-owned building or utility. Facility does not

include highways or publicly assisted housing projects as defined in section 24-32-718.

(9)  Fixed equipment includes, but is not limited to, mechanical, electrical,

or plumbing components built into real property that are necessary for the operation of the real property.

(10)  (Deleted by amendment, L. 2014.)


(11)  Initial cost means the required cost necessary to construct or renovate

a facility.

(12)  Life-cycle cost means the cost alternatives, over the economic life of a

facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.

(13)  Movable equipment means:


(a)  All equipment that is not defined as fixed equipment that is necessary for

the conduct of a program in or on real property;

(b)  The rolling stock and fixed stock necessary for running a state-owned

railway; and

(c)  Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state

purposes.

(13.5)  Office of the state architect or office means the office of the state

architect created in section 24-30-1302.5.

(14)  Principal representative means the governing board of a state agency

or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.

(15) (a)  Real property means a facility, state-owned grounds around a

facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.

(b)  Real property does not include:


(I)  Land or any interest therein acquired by the department of transportation

and used, or intended to be used, for right-of-way purposes;

(II)  Land or any interest therein held by the division of parks and wildlife and

the parks and wildlife commission in the department of natural resources; and

(III)  Public lands of the state or any interest therein that are subject to the

jurisdiction of the state board of land commissioners.

(16)  State means the government of this state, every state agency, and

every state institution of higher education. State does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.

(17)  State agency means any department, commission, council, board,

bureau, committee, office, agency, or other governmental unit of the state.

(18)  State institution of higher education means a state institution of higher

education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.

Source: L. 79: Entire part added, p. 879, � 1, effective July 1. L. 80: (1)(b) and

(1)(c) amended and (2) R&RE, p. 593, �� 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, � 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, � 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, � 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, � 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, � 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, � 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, � 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, � 1, effective June 5. L. 2024: (3) amended, (HB 24-1422), ch. 137, p. 510, � 1, effective August 7.

Cross references: For the legislative declaration contained in the 1995 act

amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-32-3302

24-32-3302. Definitions. As used in this part 33, unless the context otherwise requires:

(1)  Authorized quality assurance representative means any quality

assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).

(2)  Board means the state housing board created in section 24-32-706.


(3)  Certificate of installation means a certificate issued by the division for

an installation that complies with this part 33 and rules that the board adopts under this part 33.

(4)  Certified installer means an installer of manufactured homes or tiny

homes that:

(a)  Is registered with the division;


(b)  Has installed at least five manufactured homes or tiny homes in

compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and

(c)  Has been approved by the division for certified status.


(5)  Repealed.


(6)  Defect means any deviation in the performance, construction,

components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.

(6.5)  Delivery means, for purposes of section 24-32-3325, at a location

agreed to by the seller and purchaser.

(7)  Repealed.


(8)  Division means the division of housing created in section 24-32-704.


(9)  Factory-built nonresidential structure means any structure or

component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.

(10)  Factory-built residential structure means a manufactured home,

including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.

(11)  Factory-built structure means:


(a)  A factory-built nonresidential structure;


(b)  A factory-built residential structure; and


(c)  A factory-built tiny home.


(12)  Federal act means the National Manufactured Housing Construction

and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.

(13)  Federal manufactured home construction and safety standard means

any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.

(14)  Imminent safety hazard means an imminent and unreasonable risk of

death or severe personal injury.

(15)  Independent contractor means a local government, individual, private

firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.

(16) (a)  Installation means the placement of a manufactured home or tiny

home on a permanent or temporary foundation system.

(b)  Installation includes supporting, blocking, leveling, securing, or

anchoring the home and connecting multiple or expandable sections of the home.

(17)  Installer means any person or business entity authorized to perform

the installation of:

(a)  A manufactured home, which includes multifamily structures, for those

with the knowledge, experience, and skills to do so; or

(b)  A tiny home.


(18)  Local government means the government of a town, city, county, or

city and county that is the designated authority charged with the administration and enforcement of local building codes.

(19)  Manufacture means the process of making, fabricating, constructing,

forming, or assembling a product from raw, unfinished, or semi-finished materials.

(20)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units or closed panel systems that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the site of the completed home;

(b)  Is designed for residential occupancy in either temporary or permanent

locations;

(c)  Is constructed in compliance with the federal act, factory-built residential

requirements, including those for multi-family structures, or mobile home standards;

(d)  Is not self-propelled; and


(e)  Is not licensed as a recreational vehicle.


(21)  Manufactured home construction means all activities relating to the

assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.

(22)  Manufactured home safety means the performance of a manufactured

home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.

(23)  Manufacturer means any person who constructs or assembles a

manufactured residential or nonresidential structure in a factory or other off-site location.

(24)  Mobile home means a manufactured home built prior to the adoption

of the federal act.

(24.5)  Mobile home park has the meaning set forth in section 38-12-201.5

(6).

(25)  Modular home means a factory-built residential structure.


(26)  Owner means the owner of a manufactured home or tiny home.


(26.5)  Permanent foundation means a structure that is designed or

intended to:

(a)  Support a building from underneath;


(b)  Keep a building firmly affixed to the ground;


(c)  Prevent the building from moving; and


(d)  Not be removed from the ground or building.


(27)  Principal means an officer of a corporation, a member of a limited

liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.

(28)  Production review means an evaluation of a manufacturer and a

facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.

(29)  Purchaser means a person purchasing a manufactured home or tiny

home if either is purchased in good faith for purposes other than resale.

(30)  Quality assurance representative means any state, firm, corporation,

or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.

(31)  Registered installer means an installer who has registered with the

division, but who has not applied for and been approved by the division for certified status.

(32)  Secretary means the secretary of the United States department of

housing and urban development.

(32.5)  Seller means any person engaged in the business of selling

manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.

(33)  Site means the entire tract, subdivision, or parcel of land on which

manufactured homes or tiny homes are installed.

(34)  Temporary foundation means a structure that is designed or intended

to:

(a)  Support a building from underneath;


(b)  Keep a building firmly affixed to the ground;


(c)  Prevent the building from moving; and


(d)  Be removable from the ground or building.


(35) (a)  Tiny home means a structure that:


(I)  Is permanently constructed on a vehicle chassis;


(II)  Is designed for long-term residency;


(III)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the site of the completed home;

(IV)  Is not self-propelled; and


(V)  Has a square footage of not more than four hundred square feet.


(b)  Tiny home does not include:


(I)  A manufactured home;


(II)  A recreational park trailer as defined in section 24-32-902 (8);


(III)  A recreational vehicle as defined in section 24-32-902 (9);


(IV)  A semitrailer as defined in section 42-1-102 (89); or


(V)  An intermodal shipping container.


Source: L. 2003: Entire part added, p. 533, � 2, effective March 5. L. 2021:

(4), (9), (10), (15), (17), (18), IP(20), (20)(c), (30), and (31) amended, (5) and (7) repealed, and (6.5) and (32.5) added, (HB 21-1019), ch. 122, p. 466, � 2, effective September 7. L. 2022: (3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and (33) amended and (24.5), (26.5), (34), and (35) added, (HB 22-1242), ch. 172, p. 1118, � 2, effective August 10. L. 2025: IP(17) amended, (SB 25-002), ch. 172, p. 714, � 5, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3304

24-32-3304. State housing board - powers and duties - rules. (1) The board has the following powers and duties pursuant to this part 33:

(a)  To promulgate uniform construction and maintenance standards for

hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;

(b)  To promulgate uniform construction standards for factory-built

residential and nonresidential structures;

(c)  To develop and submit to the general assembly and local governments

recommendations for uniform housing standards and building codes;

(d)  To promulgate rules establishing standards for the installation and setup

of manufactured housing units;

(e)  To promulgate rules establishing specific standards for the use of private

inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.

(f)  To promulgate rules establishing standards for tiny homes that cover the

manufacture of, assembly of, and installation of tiny homes;

(g)  To promulgate uniform foundation construction standards for

manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and

(h)  On or before July 1, 2026, to adopt rules:


(I) (A)  Establishing regional building code standards accounting for local

climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;

(B)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(II)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;

(III)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;

(A)  A building contractor, as defined in section 30-11-125 (1)(a), is not

required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and

(B)  A building contractor, as defined in section 30-11-125 (1)(a), licensed by a

local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;

(IV)  Covering electrical or plumbing codes required to undertake or complete

the construction or installation of a factory-built structure;

(V)  Allowing the division to contract for third-party review and approval of a

final design and construction plan for a factory-built structure on behalf of the division;

(VI)  Allowing the division to create a process for vetting and approving the

ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and

(VII)  Requiring the division to cause an audit to be performed on a third party

that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (1)(c), and (1)(e) amended, (HB 21-1019), ch. 122, p. 468, � 4, effective September 7. L. 2022: (1)(d) amended and (1)(f) and (1)(g) added, (HB 22-1242), ch. 172, p. 1120, � 4, effective August 10. L. 2025: (1)(f) and (1)(g) amended and (1)(h) added, (SB 25-002), ch. 172, p. 714, � 6, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3305

24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:

(a)  The safety of factory-built structures;


(b)  The safety of consumers purchasing manufactured homes or tiny homes;


(c)  The safety of installations;


(d)  The safety of hotels, motels, and multifamily structures in areas of the

state where no construction standards for hotels, motels, and multifamily structures exist.

(e)  The implementation of sections 24-32-3328 and 24-32-3329; and


(f)  The safety of foundation systems for manufactured homes, tiny homes,

and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.

(2)  Rules promulgated by the board must include provisions imposing

requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.

(3) (a)  Except when adopting an energy code pursuant to subsection (3.5) of

this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:

(I)  One from architecture;


(II)  One from structural engineering;


(III)  Four from building code enforcement, representing a local building

department from each of the following climate zones across the state:

(A)  One from climate zone 4;


(B)  One from climate zone 5;


(C)  One from climate zone 6; and


(D)  One from climate zone 7;


(IV)  Repealed.


(V)  One licensed electrician who may be employed by the department of

regulatory agencies;

(VI)  One licensed plumber who may be employed by the department of

regulatory agencies;

(VII)  Repealed.


(VIII)  Three from factory-built structure construction representing the

following occupancy classifications:

(A)  One from the international residential code for one- and two-family

dwellings;

(B)  One from the international building code for residential structures; and


(C)  One from the international building code for factory and industrial

structures;

(IX)  One from the tiny home industry;


(X)  One from energy conservation;


(XI)  One from organized labor.


(XII)  One developer specializing in the use of factory-built structures in

projects;

(XIII)  One from climate resiliency;


(XIV)  One registered installer;


(XV)  One registered seller; and


(XVI)  One individual representing emergency services or management.


(b)  Committee members are reimbursed for actual and necessary expenses

incurred while engaged in official duties.

(c) (I)  The advisory committee shall develop regional building codes

standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.

(II)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(d) (I)  The advisory committee shall develop implementation requirements,

including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and

(II)  The advisory committee shall develop implementation requirements,

including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.

(e)  During the 2026 legislative session, the department of local affairs shall

present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.

(3.3)  Repealed.


(3.5) (a) (I)  On or before January 1, 2025, the division shall 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 factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(II)  On or before January 1, 2030, the division shall 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 factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(b)  Nothing in this subsection (3.5) establishes standards applicable to

manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.

(c)  Notwithstanding any other provision of this subsection (3.5), the division

may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(d)  Nothing in this subsection (3.5) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(I)  Provide incentives or other energy efficiency program services to help the

division or builders comply with the requirements of this subsection (3.5); or

(II)  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 division or builders comply with the requirements of this subsection (3.5).

(e)  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 division or any builders in complying with the requirements of this subsection (3.5).

(f) (I)  A utility may count mass-based emissions reductions associated with

the requirements of this subsection (3.5) 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.

(II)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) 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.

(4)  The division must enforce the provisions of this part 33 and the rules

adopted pursuant thereto.

(5)  The division may act as agent for the federal government for the

enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.

(6)  Any future statewide adopted codes contemplated in statute must be

vetted through the advisory committee for consideration for adoption by the board.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.

Editor's note: (1)  Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.


(2)  Subsection (6) was numbered as (4) in SB 25-002 but has been

renumbered on revision for ease of location.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3311

24-32-3311. Certification of factory-built structures - rules - notice to revisor of statutes. (1) (a) Factory-built structures constructed, sold, or offered for sale within this state after the effective date of the rules promulgated pursuant to this part 33 must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.

(a.3)  Manufacturers of factory-built structures to be installed in the state

shall register with the division as provided in board rules and are subject to enforcement action, including suspension or revocation of their registration for failing to comply with requirements contained in this part 33 and board rules. A manufacturer shall:

(I)  Comply with escrow requirements of down payments as established by

the board by rule; and

(II)  Provide a letter of credit, certificate of deposit issued by a licensed

financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board by rule. A financial institution or authorized insurer shall pay the division the letter of credit, certificate of deposit, or surety bond if a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that:

(A)  The manufacturer failed to deliver the factory-built structure;


(B)  The manufacturer failed to refund a down payment made toward the

purchase of the factory-built structure; or

(C)  The manufacturer ceased doing business operations or filed for

bankruptcy.

(a.5)  Factory-built structures constructed or sold for transportation to and

installation in another state need not bear an insignia of approval issued by the division.

(a.7) (I)  The division shall conduct a full design and plan review and

inspection of the construction of factory-built structures to the extent the design and construction relates to work performed off site or work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government shall not duplicate efforts to review or approve the construction of a factory-built structure that is under review or approved by the division nor shall it charge building permit fees to cover the cost of plan reviews or inspections performed by the division. A local government's jurisdiction is limited to work done at the installation site in compliance with subsection (6) of this section and includes associated plan review, permits, inspections, and fees.

(II)  The division may authorize a local government to inspect and approve

work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government may charge inspection fees if authorized to assist the division to inspect and approve work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure.

(b)  Rented or leased factory-built structures that are occupied on or after

March 1, 2009, must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.

(2)  Factory-built residential structures constructed prior to March 31, 1971,

are subject to any existing state or local government rules relating to the construction of the structures.

(3)  Factory-built nonresidential structures constructed prior to July 1, 1991,

are subject to any existing state or local government rules relating to the construction of the structures.

(4)  [Editor's note: This version of subsection (4) is effective until (see

editor's note following this section).] A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state and accounting for any local government installation requirements adopted in compliance with sections 24-32-3310 and 24-32-3318 that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.

(4)  [Editor's note: This version of subsection (4) is effective (see editor's

note following this section).] A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.

(5)  No factory-built structures bearing an insignia of approval issued by the

division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 may be in any way modified contrary to the rules promulgated pursuant to section 24-32-3305 prior to or during installation unless approval is first obtained from the division.

(6)  All work at the installation site that is unrelated to the installation of a

factory-built structure or unrelated to completing construction of a factory-built structure at the installation site as reflected in the approved plans for the factory-built structure, including additions, modifications, and repairs to a factory-built structure, such as a foundation system and any site-built component that is connected to the factory-built structure like a garage or deck, is subject to applicable local government rules.

(7) [Editor's note: Subsection (7) is effective (see editor's note following this

section).]

(a) The advisory committee shall develop processes required for electrical or plumbing code compliance when undertaking or completing the construction or installation of a factory-built structure.

(b)  Any future renovation, alteration, or repair of the factory-built structure,

including electrical and plumbing, that is proposed following the installation at the site is subject to all codes and rules of the appropriate governmental agencies having jurisdiction over the structure and is subject to the jurisdiction of the state electrical board or state plumbing board and the corresponding professional practice acts of those licensed professions.

(c)  Notwithstanding any other law, factory-built structures certified by the

division prior to the effective date of regional building code standards adopted pursuant to section 24-32-3304 (1)(h) are subject to any state or local government rules concerning unique public safety requirements related to geographic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk relating to the construction and installation of the structures existing before the effective date of the regional building code standards.

(8)  The board shall notify the revisor of statutes in writing, by emailing the

notice to [email protected], of the date on which the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e).

Source: L. 2003: Entire part added, p. 540, � 2, effective March 5. L. 2007:

(4) and (6) amended, p. 434, � 2, effective August 3. L. 2008: (1) amended, p. 1739, � 2, effective June 2. L. 2019: (1)(a) amended and (1)(a.5) added, (HB 19-1238), ch. 130, p. 585, � 2, effective August 2. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 471, � 11, effective September 7. L. 2022: (1)(a.3), (1)(a.7), (4), and (6) amended, (HB 22-1242), ch. 172, p. 1124, � 9, effective August 10. L. 2025: (6) amended and (8) added, (SB 25-002), ch. 172, p. 721, 12, 15, effective May 8; (4) amended and (7) added, (SB 25-002), ch. 172, p. 721, 12, effective (see editor's note).

Editor's note: Section 18(2) of chapter 172 (SB 25-002), Session Laws of

Colorado 2025, provides that amendments to subsection (4) and the enactment of subsection (7) are effective only if the revisor of statutes receives notice pursuant to subsection (8). Amendments to subsection (4) and the enactment of subsection (7) take effect upon the date identified in such notice, or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. As of publication date, the revisor of statutes has not received the notice referred to in this section.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3329

24-32-3329. Local governments inspections of tiny homes - connection to utilities - rules. (1) A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service.

(2)  A state plumbing inspector or a local government may approve the

connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service.

Source: L. 2022: Entire section added, (HB 22-1242), ch. 172, p. 1134, � 23,

effective August 10.

PART 34

COMPREHENSIVE STRATEGIC ACTION PLAN

ON AGING POPULATION IN COLORADO

24-32-3401 to 24-32-3408. (Repealed)


Editor's note: (1)  Section 24-32-3408 provided for the repeal of this part 34,

effective July 1, 2022. (See L. 2015, p. 1127.)

(2)  Subsection (2) of � 24-32-3407 was amended in HB 22-1209. Those

amendments were superseded by the repeal of this part 34 in HB 15-1033, effective July 1, 2022. For the amendments to subsection (2) in HB 22-1209 in effect from April 12, 2022, to July 1, 2022, see chapter 95, Session Laws of Colorado 2022. (L. 2022, p. 453.)

PART 35

PEACE OFFICERS MENTAL HEALTH SUPPORT GRANT PROGRAM

C.R.S. § 24-32-705

24-32-705. Functions of division. (1) The division has the following functions:

(a)  To encourage private enterprise and all public and private agencies

engaged in the planning, construction, and acquisition of adequate housing or the rehabilitation or weatherization of existing housing in Colorado by providing research, advisory, and liaison services and rehabilitation, construction, acquisition, and weatherization grants and loans from appropriations made for this purpose by the general assembly. For the purposes of this subsection (1)(a), weatherization means the provision and installation of materials and devices that improve the thermal performance of a residence so as to conserve energy and reduce energy costs and includes those structural, heating, electrical, and plumbing repairs and improvements that are necessary to safely and effectively improve thermal performance. All such grants and loans to public and private agencies must be at least equally matched from a nonstate source unless sufficient local sources are not available because of other essential public functions and must be for providing energy-efficient housing to low- and moderate-income households. These grants or loans shall not be used for administration, which must be funded within the administrative budget of the division.

(b)  To assist local communities in the development and operation of local

housing authorities;

(c)  To encourage and promote cooperation among counties and

municipalities to jointly establish and operate housing authorities;

(d)  Repealed.


(e)  To conduct continuing research into new approaches to housing

throughout the state including, but not limited to, the following:

(I) to (III)  Repealed.


(IV)  Transit-oriented development that includes increased housing density

near employment, education, and town centers; and

(V)  Advanced energy performance standards that minimize the total building

operational costs during the affordability period as determined by the division;

(f)  To investigate living, dwelling, and housing conditions in the state and the

means and methods of correcting unsafe, unsanitary, or substandard conditions;

(g)  To enter upon buildings or property in order to conduct investigations or

to make surveys or soundings. In the event the division is unable to obtain permission for such entry, the director may petition the district court in which the property is located for an order authorizing such entry. Upon a finding by the court that the order requested is reasonably necessary to carry out the intent of this part 7, the order shall be granted.

(h)  To make available to responsible agencies, boards, commissions, or other

governmental agencies its findings and recommendations with regard to any building or property where conditions exist which are unsafe, unsanitary, or substandard;

(i)  To accept and receive grants and services from the federal government

and other sources and to process such grants and services for other public and private nonprofit agencies and corporations;

(j)  To enforce the provisions of part 9 of this article and the rules and

regulations adopted pursuant thereto;

(k)  To provide training and technical assistance to counties and

municipalities which have building codes in the development of energy efficiency construction and renovation performance standards by such local governments;

(l) and (m)  Repealed.


(n)  Pursuant to section 24-32-717, to administer loans to local governments,

local housing authorities, and public and private corporations;

(o)  Repealed.


(p)  Pursuant to section 24-32-718, to maintain a database of affordable

housing units to be lost as affordable housing;

(q) to (s)  Repealed.


(t)  To serve as the sole state agency for the purpose of administering and

distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities and assist such persons in obtaining housing, including, without limitation, rental assistance;

(u)  To enforce the provisions of the Mobile Home Park Act created in part 2

of article 12 of title 38 and the Mobile Home Park Act Dispute Resolution and Enforcement Program created in part 11 of article 12 of title 38, and the rules and regulations adopted pursuant to section 38-12-1104 (2)(j).

(v)  To collaborate with other state agencies to develop incentives that

support:

(I)  Local development near transit corridors;


(II)  Increased housing density development within employment, education,

and town centers; and

(III)  Energy performance standards that minimize total building costs during

the affordability period, as determined by the division.

(w)  To prepare an annual public report on funding of affordable housing

preservation and production in accordance with section 24-32-705.5 and to satisfy other requirements in section 24-32-705.5 pertaining to the preparation and dissemination of the report. In its presentation to the joint committees of reference pursuant to section 2-7-203, the department shall summarize the information contained in the report concerning affordable housing funding administered by the division since the department's prior presentation.

(x)  To optimize the outcomes of a particular program or particular use to the

benefit of households served in a manner that optimizes the socioeconomic and housing stability outcomes of households served; optimizes the financial sustainability of an affordable housing project or program; optimizes the creation, operation, and affordability length of affordable housing stock created; optimizes the preservation of naturally occurring and subsidized affordable housing; considers the impact of award terms on the financial stability of the organizations delivering development projects and resident services; leverages or is leveraged by other available sources of money; addresses housing needs throughout the state; and serves populations with the greatest unmet need.

(2)  The division, through the director thereof, shall serve in an advisory

capacity to the state housing and finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information on the housing facility needs of low- and moderate-income families in the state of Colorado.

(3) and (4)  Repealed.


(5)  The division shall collaborate with other state agencies in connection

with the disposition of state-owned assets to be used for low- and moderate-income housing.

(6) (a)  The division shall maintain the confidentiality of all names, addresses,

and personal identifying information of applicants, recipients, and former recipients of housing assistance, which forms of housing assistance include without limitation housing vouchers, emergency housing assistance, and homeless services.

(b)  Notwithstanding any provision of this subsection (6), the division may

publish or provide aggregate or de-identified data concerning applicants, recipients, and former recipients of housing assistance to third parties and other governmental entities, and may enter into data-sharing agreements authorizing the transfer of names, addresses, and personal identifying information of applicants, recipients, and former recipients of such housing assistance.

(c)  Any third party or governmental entity that receives names, addresses,

and personal identifying information of applicants, recipients, and former recipients of housing assistance in accordance with this subsection (6) from the division pursuant to a data-sharing agreement shall maintain the confidentiality of all names, addresses, and personal identifying information obtained from such agreements.

(d)  As used in this subsection (6), governmental entity and personal

identifying information have the same meanings as specified in section 24-73-101 (4).

(7)  The division shall administer:


(a)  Affordable housing guided toolkit and local officials guide program in

accordance with section 24-32-721.7;

(b)  The transformational affordable housing revolving loan fund program

created in section 24-32-731 (2)(a), unless the division elects to contract out full or partial administration of the loan program pursuant to section 24-32-731 (2)(b);

(c)  Local investments in the transformational affordable housing grant

program created in section 24-32-729 (2)(a);

(d)  The connecting Coloradans experiencing homelessness with services,

recovery care, and housing supports grant program created in section 24-32-732;

(e)  The child care facility development toolkit and technical assistance

program created in section 24-32-3802 (2);

(f)  The child care facility development planning grant program created in

section 24-32-3803 (2)(a); and

(g)  The child care facility development capital grant program created in

section 24-32-3804 (2)(a).

Source: L. 70: p. 240, � 1. C.R.S. 1963: � 69-9-5. L. 73: p. 815, � 2. L. 74: (1)(b)

and (1)(j) amended, p. 283, � 1, effective April 19. L. 75: (1)(j) added, p. 813, � 2, effective July 1; (1)(a) amended, p. 215, � 46, effective July 16. L. 76: (1)(a) amended, p. 612, � 1, effective May 10. L. 77: (1)(k) added, p. 356, � 2, effective July 1. L. 79: (1)(l) and (1)(m) added, p. 322, � 5, effective July 1. L. 80: (1)(a) amended and (3) added, p. 595, � 2, effective May 1. L. 82: (1) amended, p. 369, � 2, effective April 30. L. 99: (1)(d) amended and (1)(o) added, p. 440, � 3, effective August 4. L. 2000: (3) repealed, p. 1548, � 12, effective August 2. L. 2002: (1)(p) added, p. 413, � 2, effective August 7. L. 2003: (1)(d), (1)(e)(I), (1)(e)(II), and (1)(o) repealed, p. 532, � 1, effective March 5. L. 2009: (1)(r) added, (HB 09-1276), ch. 404, p. 2220, � 1, effective June 2; (1)(q) added, (HB 09-1197), ch. 101, p. 374, � 1, effective August 5. L. 2010: (1)(s) added, (HB 10-1240), ch. 200, p. 872, � 3, effective May 5. L. 2011: (1)(t) added, (HB 11-1230), ch. 170, p. 585, � 2, effective July 1. L. 2012: (1)(t) amended, (SB 12-158), ch. 151, p. 541, � 2, effective May 3. L. 2016: (1)(r) and (1)(s) repealed, (SB 16-189), ch. 210, p. 766, � 46, effective June 6. L. 2019: (1)(u) added, (HB 19-1309), ch. 281, p. 2627, � 2, effective May 23; (1)(a) and (1)(n) amended, (HB 19-1322), ch. 201, p. 2168, � 2, effective August 2; (4) added, (HB 19-1319), ch. 200, p. 2164, � 3, effective September 1. L. 2021: (7) added, (HB 21-1271), ch. 356, p. 2323, � 4, effective June 27; (1)(a) amended, (1)(e)(III), (1)(l), and (1)(m) repealed, and (1)(e)(IV), (1)(e)(V), (1)(v), (5), and (6) added, (HB 21-1009), ch. 121, p. 462, � 1, effective September 7; (1)(w) added, (HB 21-1028), ch. 396, p. 2634, � 2, effective September 7. L. 2022: (7) amended, (SB 22-159), ch. 230, p. 1705, � 3, effective May 26; (7) amended, (HB 22-1377), ch. 285, p. 2045, � 3, effective May 31; (7) amended, (HB 22-1304), ch. 290, p. 2078, � 3, effective June 1. L. 2024: (1)(x) added, (HB 24-1308), ch. 295, p. 2008, � 2, effective August 7; (4) repealed, (SB 24-178), ch. 108, p. 336, � 2, effective August 7; (7)(c) amended and (7)(e), (7)(f), and (7)(g) added, (HB 24-1237), ch. 279, p. 1848, � 2, effective August 7.

Editor's note: (1)  Subsection (1)(r) was lettered as (1)(q) in House Bill 09-1276

but has been relettered on revision for ease of location.

(2)  Subsection (1)(q)(II) provided for the repeal of subsection (1)(q), effective

January 1, 2015. (See L. 2009, p. 374.)

(3)  Amendments to subsection (7) by SB 22-159, HB 22-1304, and HB 22-1377 were harmonized.


Cross references: For the legislative declaration in HB 19-1309, see section 1

of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.

C.R.S. § 24-34-104

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. § 24-68-105

24-68-105. Subsequent regulation prohibited - exceptions. (1) A vested property right, once established as provided in this article, precludes any zoning or land use action by a local government or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in a site specific development plan, except:

(a)  With the consent of the affected landowner;


(b)  Upon the discovery of natural or man-made hazards on or in the

immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or

(c)  To the extent that the affected landowner receives just compensation for

all costs, expenses, and liabilities incurred by the landowner after approval by the governmental entity, including, but not limited to, costs incurred in preparing the site for development consistent with the site specific development plan, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action.

(2)  The establishment of a vested property right shall not preclude the

application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.

Source: L. 87: Entire article added, p. 1839, � 1, effective January 1, 1988. L.

95: IP(1) and (1)(c) amended, p. 1153, � 1, effective May 31.

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. § 24-92-115

24-92-115. Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition. (1) (a) [Editor's note: This version of the introductory portion to subsection (1)(a) is effective until July 1, 2027.] Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public works project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:

(1) (a)  [Editor's note: This version of the introductory portion to subsection

(1)(a) is effective July 1, 2027.] Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:

(I)  Identifies the contractors or subcontractors that will be used for all

mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;

(II)  Certifies that all firms identified participate in apprenticeship programs

registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and have a proven record of graduating apprentices as follows:

(A)  Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen

percent of its apprentices for at least three of the past five years;

(B)  Beginning July 1, 2026, through June 30, 2031, a minimum of twenty

percent of apprentices for at least three of the past five years; and

(C)  Beginning July 1, 2031, and each year thereafter, a minimum of thirty

percent of apprentices for at least three of the past five years; and

(III)  Supplies supporting documentation from the United States department

of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.

(b)  The provisions of this section do not apply to the department of

transportation, regardless of the amount or funding source of the public project. The provisions of this section also do not apply to any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.

(c)  For the purposes of subsection (1)(a)(II) of this section, graduating

means the completion of a multi-year program, including the requisite classroom course work and on-the-job training requirements and a certificate of completion issued by the United States department of labor's office of apprenticeship or awarded pursuant to article 15.7 of title 8.

(2)  The documentation required pursuant to subsection (1) of this section

shall be made publicly available by the contracting agency of government through its website within thirty days from when it is submitted.

(3)  To ensure compliance with the requirements of subsection (1) of this

section, the general contractor or other firm to which the contract is awarded shall agree to provide additional documentation to the contracting agency regarding affected apprenticeship training programs relating to the requirements of this section. If a contracting agency of government determines that a mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented their qualifications required to comply with this section in the contract, the agency of government shall direct the contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the director of the department of personnel, the state may initiate the process to debar the contractor pursuant to section 24-109-105, and may pursue any other remedy provided by law.

(4)  Upon evaluation of the submitted bids, the contracting agency of

government may waive the requirements of this section for a public project if the agency of government determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. Each agency of government that has contracts for public projects subject to the requirements of this section shall make public all waivers and the specific rationale for granting the waiver. The agency of government shall post notice of the waiver and a justification for the waiver on its website.

(5)  Nothing in this section shall be construed to supersede the requirements

for licensed plumbers, licensed electricians, or apprentices registered with the state pursuant to title 12, including sections 12-115-109, 12-115-115, 12-155-108, and 12-155-124.

(6) (a)  To promote and facilitate the development of new apprenticeship

programs, an apprenticeship program that does not satisfy the requirements of subsection (1)(a) of this section may petition the department of labor and employment for conditional approval for the purposes of this section. To be allowed conditional approval, an apprenticeship program must demonstrate the following:

(I)  The program has been registered with the United States department of

labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and has been providing training for at least six months; and

(II)  The program is performing bona fide apprenticeship training as

evidenced by information showing that it has the requisite facilities, personnel, and other resources needed to provide such training; and

(b) (I)  If conditional approval is granted, the program will remain eligible for

future covered projects, subject to annual reviews by the department of labor and employment for five years after conditional approval is granted or until it can satisfy the requirements of subsection (1)(a) of this section and can show a three-year graduation track record.

(II)  To maintain conditional approval pursuant to this subsection (6), the

apprenticeship program must demonstrate to the department of labor and employment that it has registered new apprentices into its program for every year it has been in operation and that it has advanced, at a minimum, ten percent of its apprentices in each year of operation. The department shall rescind a conditional approval for any program that fails to maintain these standards.

(7) (a)  For an energy sector public works project, as defined in section 24-92-303 (5), the general contractor or other firm to which the contract is awarded shall:


(I)  Identify, at the time they are put under contract, all contractors or

subcontractors required for the project, other than those used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, plumbing work, and construction craft labor; and

(II)  Certify that all contractors or subcontractors identified participate in

apprenticeship training programs registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor's employment and training administration and have a proven record of graduating apprentices for at least three of the past five years.

(b)  Subsections (1)(a) to (1)(c) of this section apply to mechanical, electrical,

and plumbing contractors and subcontractors subject to this subsection (7).

(c)  Contractors and subcontractors that are subject to the requirements of

this subsection (7) and that provide construction craft labor must certify that all firms identified participate in apprenticeship training programs that are registered with the United States department of labor's employment and training administration or a state apprenticeship agency recognized by the United States department of labor's employment and training administration and that:

(I)  Satisfy the graduation requirements of subsections (1)(a)(II)(A) to

(1)(a)(II)(C) of this section at the time the contract or subcontract was executed; and

(II)  Provide documentation required in subsection (1)(a)(III) of this section.


(d)  Upon evaluation of the submitted bids, a public utility, independent power

producer, or cooperative electric association may waive the requirements of this section if it determines that there is substantial evidence that there are no responsive eligible contractors or subcontractors for any trades available to fulfill the apprenticeship requirements for one or more of the trades subject to this section. Any party exercising a waiver pursuant to this subsection (7)(d) shall disclose the waiver on a publicly accessible website, including the contractor or subcontractor to which the waiver applies and the specific rationale for the waiver.

(e)  In the event of an extreme weather event, a wildfire, or an emergency

declared by the state of Colorado or the federal government, a public utility or cooperative electric association may waive the requirements of this subsection (7) when performing repair work to restore electric service to customers or association members when it can reasonably demonstrate that:

(I)  The capacity needed to restore power exceeds the public utility's or

cooperative electric association's available capacity for emergency repairs through its employees, standby contractor capacity, or applicable mutual aid agreements; and

(II)  A good faith effort to identify contractors and subcontractors that can

comply with this subsection (7) was made and no eligible contractors or subcontractors were available for the time frame for which the emergency capacity was needed.

Source: L. 2019: Entire section added, (SB 19-196), ch. 316, p. 2946, � 1,

effective August 2. L. 2021: (1)(c) amended, (HB 21-1007), ch. 309, p. 1892, � 9, effective July 1. L. 2022: (5) amended, (SB 22-212), ch. 421, p. 2989, � 102, effective August 10. L. 2023: IP(1)(a)(II), (1)(a)(III), IP(6)(a), and (6)(a)(I) amended, (SB 23-051), ch. 37, p. 148, � 28, effective March 23; (7) added, (SB 23-292), ch. 247, p. 1359, � 3, effective January 1, 2024. L. 2024: (5) amended, (HB 24-1450), ch. 490, p. 3418, � 54, effective August 7. L. 2025: IP(1)(a) amended, (HB 25-1130), ch. 393, p. 2217, � 2, effective July 1, 2027.

C.R.S. § 25-1-114

25-1-114. Unlawful acts - penalties. (1) It is unlawful for any person, association, or corporation, and the officers thereof:

(a)  To willfully violate, disobey, or disregard the provisions of the public

health laws or the terms of any lawful notice, order, standard, rule, or regulation issued pursuant thereto; or

(b)  To fail to make or file reports required by law or rule of the board relating

to the existence of disease or other facts and statistics relating to the public health; or

(c)  To conduct any business or activity over which the department possesses

the power to license and regulate without such license or permit as required by the department; or

(d)  To willfully and falsely make or alter any certificate or license or certified

copy thereof issued pursuant to the public health laws; or

(e)  To knowingly transport or accept for transportation, interment, or other

disposition a dead body without an accompanying permit issued in accordance with the public health laws or the rules of the board; or

(f)  To willfully fail to remove from private property under his control at his

own expense, within forty-eight hours after being ordered so to do by the health authorities, any nuisance, source of filth, or cause of sickness within the jurisdiction and control of the department, whether such person, association, or corporation is the owner, tenant, or occupant of such private property; except that, if such condition is due to an act of God, it shall be removed at public expense; or

(g)  To pay, give, present, or otherwise convey to any officer or employee of

the department any gift, remuneration, or other consideration, directly or indirectly, which such officer or employee is forbidden to receive by the provisions of this part 1; or

(h)  To make, install, maintain, or permit any cross-connection between any

water system supplying drinking water to the public and any pipe, plumbing fixture, or water system which contains water of a quality below the minimum general sanitary standards as to the quality of drinking water supplied to the public or to fail to remove such connection within ten days after being ordered in writing by the department to remove the same. For the purposes of this paragraph (h), cross-connection means any connection which would allow water to flow from any pipe, plumbing fixture, or water system into a water system supplying drinking water to the public.

(i)  To sell or offer for sale any raw milk, milk product, or unsanitary dairy

product, as defined in section 25-5.5-104, for other than human consumption unless it has first been treated with a dye approved by the department; or

(j)  To violate section 25-3-122.


(2)  It is unlawful for any officer or employee of the department or member of

the board to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed upon him by or on behalf of the department.

(3)  It is unlawful:


(a)  For any officer or employee of the department to perform any work, labor,

or services other than the duties assigned to him by or on behalf of the department during the hours such officer or employee is regularly employed by the department, or to perform his duties as an officer or employee of the department under any condition or arrangement that involves a violation of this or any other law of the state of Colorado;

(b)  For any officer or employee of the department other than members of the

board to perform any work, labor, or services which consist of the private practice of medicine, veterinary surgery, sanitary engineering, nursing, or any other profession which is or may be of special benefit to any private person, association, or corporation as distinguished from the department or the public generally, and which is performed by such officer or employee, directly or indirectly, for remuneration, whether done in an active, advisory, or consultative capacity or performed within or without the hours such officer or employee is regularly employed by the department.

(4)  Except as provided in subsection (5) of this section, any person,

association, or corporation, or the officers thereof, who violates any provision of this section commits a class 2 misdemeanor and is also liable for any expense incurred by health authorities in removing any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 1 or any other public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws.

(5) (a)  It is unlawful for any person, association, or corporation, or the officers

thereof, to tamper, attempt to tamper, or threaten to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system. For purposes of this subsection (5), tamper means to introduce a contaminant into a public water system or into drinking water or to otherwise interfere with drinking water or the operation of a public water system with the intention of harming persons or the public water system. Tamper does not include the standardized and accepted treatment procedures performed by a supplier of water in preparing water for human consumption.

(b) (I)  Any person, association, or corporation, or the officers thereof, who

tampers with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 3 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(II)  Any person, association, or corporation, or the officers thereof, who

attempts to tamper or threatens to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(III)  Conviction under this subsection (5) shall not relieve any person from a

civil action initiated pursuant to section 25-1-114.1.

Source: L. 47: p. 515, � 12. CSA: C. 78, � 21(13). CRS 53: � 66-1-14. C.R.S.

1963: � 66-1-14. L. 64: p. 478, � 2. L. 75: (1)(i) added, p. 870, � 2, effective June 20. L. 86: (1)(i) amended, p. 1220, � 25, effective May 30. L. 87: (4) amended and (5) added, p. 610, � 21, effective July 1. L. 2002: (5)(b)(I) and (5)(b)(II) amended, p. 1536, � 262, effective October 1. L. 2019: (1)(j) added, (HB 19-1174), ch. 171, p. 1995, � 7, effective January 1, 2020. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3232, � 441, effective March 1, 2022.

Cross references: (1)  For the penalty for a class 2 misdemeanor, see � 18-1.3-501.


(2)  For the legislative declaration contained in the 2002 act amending this

section, see section 1 of chapter 318, Session Laws of Colorado 2002.

C.R.S. § 25-4-101

25-4-101. Premises sanitation - food defined. Every building, room, basement, enclosure, or premises occupied, used, or maintained as a bakery, confectionery, cannery, packing house, slaughterhouse, creamery, cheese factory, restaurant, hotel, grocery, meat market factory, shop, or warehouse, or any public place or manufacturing place used for the preparation, manufacture, packing, storage, sale, or distribution of any food, as defined in this section, which is intended for sale shall be properly and adequately lighted, drained, plumbed, and ventilated and shall be conducted with strict regard to the influence of such conditions upon the health of operatives, employees, clerks, or other persons therein employed and the purity and wholesomeness of the food therein produced, prepared, manufactured, packed, stored, sold, or distributed. For the purposes of this part 1, food includes all articles used for food, drink, confectionery, or condiment, whether simple, mixed, or compound, and all substances or ingredients used in the preparation thereof.

Source: L. 13: p. 510, � 1. C.L. � 1015. CSA: C. 69, � 21. CRS 53: � 66-13-1.

C.R.S. 1963: � 66-13-1.

Cross references: For safety inspections, see articles 1 and 4 of title 9; for

the Custom Processing of Meat Animals Act, see article 33 of title 35.

C.R.S. § 25-8-107

25-8-107. Cross-connection control services - backflow prevention devices - requirements - definitions. (1) Nothing in this section applies to or affects any other section in this article 8.

(2)  Nothing in this section requires the department of public health and

environment to perform inspections.

(3)  Nothing in this section requires the commission or the department of

public health and environment to enforce this section.

(4) (a)  On and after July 1, 2025, a certified cross-connection control

technician or a licensed plumber with a cross-connection control technician certification who tests or repairs a backflow prevention device shall affix a tag on the backflow prevention device that contains the following information:

(I)  The name and contact information of the business with which the certified

cross-connection control technician or the licensed plumber with a cross-connection control technician certification is affiliated;

(II)  The date the service was provided;


(III)  A description of the service provided; and


(IV)  The ASSE or ABPA certification number of the certified cross-connection control technician or the licensed plumber with a cross-connection

control technician certification, along with the plumbing contractor's registration number or the license number of the master plumber attached to the contractor, issued by the state plumbing board, if applicable.

(b)  A certified cross-connection control technician or a licensed plumber

with a cross-connection control technician certification may document multiple services on one tag.

(5)  As used in this section, unless the context otherwise requires:


(a)  ABPA means the American Backflow Prevention Association or its

successor organization.

(b)  ASSE means the American Society of Sanitary Engineering or its

successor organization.

(c)  Certified cross-connection control technician means an individual who

possesses a valid backflow prevention assembly tester certification from the ASSE or the ABPA.

(d)  Licensed plumber with a cross-connection control technician

certification means an individual who is a licensed plumber and possesses a valid backflow prevention assembly tester certification from the ASSE or the ABPA.

Source: L. 2025: Entire section added, (HB 25-1077), ch. 39, p. 188, � 3,

effective March 28.

PART 2

WATER QUALITY CONTROL COMMISSION

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. § 25-8-901

25-8-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Child care center has the meaning set forth in section 26-6-903 (5);

except that child care center does not include:

(a)  A summer camp; or


(b)  A children's resident camp, as defined in section 26.5-5-303 (5).


(2)  Department means the state department of public health and

environment.

(3)  Drinking water source means any potable water outlet or fixture that is

used or that may be used by an individual to acquire water for drinking or cooking.

(4)  Eligible school means a school that serves any of grades preschool

through eighth grade.

(5)  Family child care home has the meaning set forth in section 26.5-5-303

(7).

(6)  Filtered bottle-filling station means an apparatus that:


(a)  Is connected to building plumbing;


(b)  Filters water;


(c)  Is certified to meet NSF/ANSI standard 53 for lead reduction and

NSF/ANSI standard 42 for particulate removal;

(d)  Has a light or other device to indicate filter status;


(e)  Is designed to fill drinking bottles or other containers used for personal

water consumption; and

(f)  Includes a feature that allows a user to drink directly from a stream of

flowing water without the use of an accessory.

(7)  Filtered faucet means a faucet that, at the point of use, includes a filter

that is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal.

(8)  Filtration system means a filtered bottle-filling station or filtered

faucet.

(9)  Fund means the school and child care clean drinking water fund

created in section 25-8-902.

(10) (a)  Lead service line means:


(I)  A water service line made of lead; or


(II)  A lead pigtail, lead gooseneck, or other lead fitting that is connected to a

water service line.

(b)  Lead service line includes any galvanized service line that is or ever was

downstream of any lead service line or any service line of unknown material.

(c)  A lead service line may be owned by a water system, a property owner, or

both.

(11)  NSF/ANSI standard 42 means the NSF International/American National

Standards Institute standard 42-2020 for drinking water treatment units, aesthetic effects, as amended.

(12)  NSF/ANSI standard 53 means the NSF International/American

National Standards Institute standard 53-2020 for drinking water treatment units, health effects, as amended.

(13)  Relevant languages has the meaning set forth in section 25-7-141

(2)(o).

(14)  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).


(15)  State-certified laboratory means a laboratory that is certified by the

department pursuant to section 25-1.5-203 (1)(d) for the purpose of ensuring competent testing of drinking water.

(16)  Water quality control commission or commission means the water

quality control commission created in section 25-8-201.

Source: L. 2022: Entire part added, (HB 22-1358), ch. 382, p. 2728, � 1,

effective August 10. L. 2023: IP(1), (1)(b), and (5) amended, (HB 23-1301), ch. 303, p. 1829, � 43, effective August 7.

C.R.S. § 30-11-125

30-11-125. Licensing program for building contractors - contents of program - requirements - exceptions - definitions. (1) As used in this section, unless the context otherwise requires:

(a) (I)  Building contractor means a building contractor who for

compensation directs, supervises, or undertakes any work for which a county building permit is required. A county licensing program established in accordance with the provisions of this section shall exclude from the definition of building contractor any person whose sole function in the work for which a county building permit is required is to perform labor under the supervision or direction of a building contractor.

(II)  Building contractor shall not include an electrician required to be

licensed by the state pursuant to article 115 of title 12 or a plumber required to be licensed by the state pursuant to article 155 of title 12.

(b)  County means any county or city and county in the state.


(c)  Municipality means any home rule or statutory city or town in the state.


(d)  Person means any individual, corporation, limited liability company,

partnership, association, or other legal entity.

(2)  Subject to the requirements of this section, any county that has adopted

a building code may establish a licensing program to require a person who engages in the business of being a building contractor within the unincorporated areas of the county to obtain a license from the county prior to engaging in the business. The county may develop the licensing program in accordance with the requirements of this section, and any such program may include one or more of the following:

(a)  Procedures that a building contractor would follow in order to obtain or

renew a license, including the submission of any documentation or information as may be required by the county;

(b)  A requirement that the building contractor achieve a passing grade on a

nationally recognized examination promulgated by the international code council that is commonly used and accepted in the industry;

(c)  Specification of the duration of the license issued by the county;


(d)  Subject to the requirements of subsection (3) of this section, the

imposition of a reasonable fee to be charged by the county to a building contractor to cover the costs of any testing required to be performed by the county, the processing of the application, or any other costs incurred by the county in connection with the issuance or renewal of a license; or

(e)  Grounds for the revocation or suspension of a license issued by the

county, grounds for the revocation or suspension of a building permit issued for a project for which the building contractor is found not to be in compliance with the county's licensing requirements, or grounds for the imposition of any lesser sanction, which shall be based on objective standards and criteria developed from the county building code, and procedures to be followed by the county in carrying out the revocation, suspension, or other sanction based upon such grounds, including a process for appealing any sanction so imposed.

(3)  Any county that establishes a licensing program pursuant to this section

shall issue a license to a building contractor holding a valid license issued by another county or municipality in the state without requiring the building contractor to take or achieve a passing grade on any examination conducted by the county if the license issued by such other county or municipality required the building contractor to achieve a passing grade on a nationally recognized examination promulgated by the international code council commonly used and accepted in the industry. In the case of a building contractor holding a valid license issued by another county or municipality in the state, the fee charged by a secondary county for issuance or renewal of a license in accordance with the requirements of this section shall be reasonable and limited to costs incurred by the secondary county in processing the application and otherwise administering the issuance or renewal of a license required by this section.

(4)  If a building contractor applying for a license complies with the

requirements for obtaining a license established by the county, the county shall issue a provisional license to the building contractor no later than seven business days after the building contractor has submitted a complete application. Notwithstanding the provisions of subsection (5) of this section, any failure on the part of the county to issue a nonprovisional license within forty-five days after submission of a complete application to a building contractor who has otherwise satisfied all other requirements for obtaining a license shall not preclude the building contractor from engaging in the business of being a building contractor and applying for a building permit for unincorporated areas of the county.

(5)  Except as otherwise provided in subsection (4) of this section, no person

shall engage in the business of being a building contractor within the unincorporated areas of any county that has adopted a licensing program created pursuant to this section unless the person holds a valid license issued or recognized by the county in accordance with the requirements of this section.

(6)  Notwithstanding any other provision of this section:


(a)  The provisions of this section shall apply to any licensing program

operated or administered by a county that is in existence as of August 3, 2007. Any licensing program operated or administered by a county as of August 3, 2007, that satisfies or is amended to satisfy the requirements of this section is hereby ratified as compliant with the requirements of this section and need not be reestablished by the county.

(b)  Nothing in this section shall be construed to require any individual to hold

a license to perform repair or maintenance work on his or her own property, nor shall it prevent a person from employing an individual on either a full-time or a part-time basis to perform repair or maintenance work on his or her own property who is not licensed under the provisions of this section.

Source: L. 2007: Entire section added, p. 392, � 1, effective August 3. L.

2019: (1)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, � 214, effective October 1.

C.R.S. § 30-28-211

30-28-211. Energy efficient building codes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)  Excessive energy consumption creates effects beyond the boundaries of

the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)  Air pollutant emissions from energy consumption affect the health of the

citizens throughout Colorado.

(c)  The strain on the grid from peak electric power demands is not confined

to jurisdictional boundaries.

(d)  There is statewide interest in the reliability of the electrical grid and an

adequate supply of heating oil and natural gas.

(e)  Controlling energy costs for residents and businesses furthers a

statewide interest in a strong economy and reducing the total cost of housing in Colorado.

(f)  More recent energy codes are more effective at ensuring building

durability and structural integrity and protecting public health and safety through better:

(I)  Moisture management to prevent mold, mildew, and rot;


(II)  Airflow management; and


(III)  Protection during severe weather.


(g)  More recent energy codes incorporate newer building technologies,

techniques, and materials and offer more options for builders.

(h)  Businesses and residents in low-income communities and rural areas of

the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)  Highly energy efficient homes and buildings can reduce energy use and

help consumers save money on energy bills.

(j)  Highly energy efficient and low-carbon new homes and buildings are

critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code means regulations related to energy performance,

electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)  Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).


(a.8)  Elevator and escalator code means the rules adopted in accordance

with section 9-5.5-112.

(b)  Energy code means a subset of building codes related to the total

energy performance and carbon emissions of residential and commercial buildings.

(b.5)  International energy conservation code means the energy code

published by the international code council or a successor organization.

(b.8)  National electrical code has the meaning set forth in section 12-115-103 (8).


(c)  Office means the Colorado energy office created in section 24-38.5-101,

C.R.S.

(3)  Every board of county commissioners that has adopted and enforced one

or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies.

(3.5) (a)  A board of county commissioners that has adopted and enforced

one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall 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) at the same time other building codes are updated.

(b)  A board of county commissioners that has adopted and enforced one or

more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing 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) at the same time other building codes are updated.

(c) (I)  Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a

board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either 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 identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.

(II)  As used in this subsection (3.5)(c), a rural county means a county with a

population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.

(d)  When adopting or updating a building code prior to July 1, 2023, a board

of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(e)  Notwithstanding the timing requirement of subsection (3.5)(a) of this

section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2026, whichever is earlier, if:

(I)  The board of county commissioners adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)  Notwithstanding the timing requirement of subsection (3.5)(b) of this

section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2030, whichever is earlier, if:

(I)  The board of county commissioners adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(g)  Notwithstanding the requirements set forth in subsections (3.5)(a) and

(3.5)(b) of this section, a board of county commissioners is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.

(4)  Repealed.


(5)  The following buildings are exempt from subsections (3) and (3.5) of this

section:

(a)  Any building that is otherwise exempt from the provisions of the building

code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space;

(b)  Any building that does not use either electricity or fossil fuels for comfort

heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)  Historic buildings that are listed on the national register of historic places

or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)  Any building that is exempt pursuant to the energy code.


(6)  Notwithstanding any other provision of this section, the board of county

commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(7) (a)  The office shall ensure that information explaining the requirements

of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)  The office shall provide boards of county commissioners with technical

assistance concerning the implementation and enforcement of the energy code.

(8)  Nothing in this section 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

board of county commissioners of any county or builders comply with the requirements of this section; or

(b)  Earn shareholder incentives and claim credits towards its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section.

(9)  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 board of county commissioners of any county or any builders in complying with the requirements of this section.

(10) (a)  A utility may count mass-based emissions reductions associated with

the requirements of this section 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

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section 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.

Source: L. 2007: Entire section added, p. 695, � 2, effective July 1. L. 2008:

(2)(b) and (2)(c) amended, p. 72, � 10, effective March 18. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 974, � 36, effective July 1. L. 2019: (1)(e), (2)(b), (3), IP(5), and (6) amended and (1)(f), (1)(g), and (1)(h) added, (HB 19-1260), ch. 357, p. 3284, � 2, effective August 2. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4) repealed, (HB 22-1362), ch. 301, p. 2183, � 7, effective June 2. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(e), and (3.5)(f) added, (HB 23-1233), ch. 245, p. 1324, � 10, effective May 23. L. 2025: (3.5)(g) added, (HB 25-1269), ch. 216, p. 978, � 1, effective May 20; (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 4, effective August 6.

Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of

Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: For the legislative declaration in HB 23-1233, see section 1

of chapter 245, Session Laws of Colorado 2023.

C.R.S. § 31-15-602

31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)  Excessive energy consumption creates effects beyond the boundaries of

the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)  Air pollutant emissions from energy consumption affects the health of

the citizens throughout Colorado.

(c)  The strain on the grid from peak electric power demands is not confined

to jurisdictional boundaries.

(d)  There is statewide interest in the reliability of the electrical grid and an

adequate supply of heating oil and natural gas.

(e)  Controlling energy costs for residents and businesses furthers a

statewide interest in a strong economy and reducing the cost of housing in Colorado.

(f)  More recent energy codes are more effective at ensuring building

durability and structural integrity and protecting public health and safety through better:

(I)  Moisture management to prevent mold, mildew, and rot;


(II)  Airflow management; and


(III)  Protection during severe weather.


(g)  More recent energy codes incorporate newer building technologies,

techniques, and materials and offer more options for builders.

(h)  Businesses and residents in low-income communities and rural areas of

the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)  Highly energy efficient homes and buildings can reduce energy use and

help consumers save money on energy bills.

(j)  Highly energy efficient and low carbon new homes and buildings are

critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code means regulations related to energy performance,

electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)  Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).


(a.8)  Elevator and escalator code means the rules adopted in accordance

with section 9-5.5-112.

(b)  Energy code means a subset of building codes related to the total

energy performance and carbon emissions of residential and commercial buildings.

(b.5)  International energy conservation code means the energy code

published by the international code council or a successor organization.

(b.8)  National electrical code has the meaning set forth in section 12-115-103 (8).


(c)  Office means the Colorado energy office created in section 24-38.5-101,

C.R.S.

(3)  The governing body of any municipality that has adopted and enforced

one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the municipality to which the building code applies.

(3.5) (a)  The governing body of a municipality that has adopted and enforced

one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall 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) at the same time other building codes are updated.

(b)  The governing body of a municipality that has adopted and enforced one

or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c)  When adopting or updating a building code prior to July 1, 2023, the

governing body of a municipality shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(d)  Notwithstanding the timing requirement of subsection (3.5)(a) of this

section, a governing body of a municipality may comply with subsection (3.5)(a) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2026, whichever is earlier, if:

(I)  The governing body of the municipality adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(e)  Notwithstanding the timing requirement of subsection (3.5)(b) of this

section, a governing body of a municipality may comply with subsection (3.5)(b) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2030, whichever is earlier, if:

(I)  The governing body of a municipality adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)  Notwithstanding the requirements set forth in subsections (3.5)(a) and

(3.5)(b) of this section, a governing body of a municipality is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.

(4) (a)  Repealed.


(b) (I) (A)  Except as otherwise provided in this section, the aggregate of all

charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system or a geothermal energy system shall not exceed the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern.

(B)  In the case of a nonresidential application, on an individual installation

basis only, if the municipality incurs actual costs for issuing the permit that are greater than one thousand dollars, the municipality is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the municipality's actual costs.

(C)  As used in this subsection (4)(b)(I), active solar energy system means a

single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and geothermal energy system means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(II)  This subsection (4)(b) is repealed, effective December 31, 2029.


(5)  The following buildings are exempt from subsections (3), (3.5), and (4) of

this section:

(a)  Any building that is otherwise exempt from the provisions of the building

code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space;

(b)  Any building that does not use either electricity or fossil fuels for comfort

heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)  Historic buildings that are listed on the national register of historic places

or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)  Any building that is exempt pursuant to the energy code.


(6)  Notwithstanding any other provisions of this section, the governing body

of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code.

(7) (a)  The office shall ensure that information explaining the requirements

of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)  The office shall provide the governing body of any municipality with

technical assistance concerning the implementation and enforcement of the energy code.

(8)  Nothing in this section 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

governing body of any municipality or builders comply with the requirements of this section; or

(b)  Earn shareholder incentives and claim credits towards its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the governing body of any municipality or builders comply with the requirements of this section.

(9)  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 governing body of any municipality or any builders in complying with the requirements of this section.

(10) (a)  A utility may count mass-based emissions reductions associated with

the requirements of this section 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

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section 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.

Source: L. 2007: Entire section added, p. 697, � 3, effective July 1. L. 2008:

(2)(b) and (2)(c) amended, p. 72, � 11, effective March 18; (4) amended, p. 893, � 2, effective May 20. L. 2011: (4)(b) amended, (HB 11-1199), ch. 311, p. 1519, � 3, effective June 10. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 975, � 38, effective July 1. L. 2017: (4)(b) amended, (SB 17-179), ch. 170, p. 622, � 3, effective August 9. L. 2019: (1)(f), (1)(g), and (1)(h) added and (2)(b), (3), and IP(5) amended, (HB 19-1260), ch. 357, p. 3286, � 4, effective August 2. L. 2021: (4)(b) amended, (HB 21-1284), ch. 327, p. 2091, � 4, effective September 7. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4)(a) repealed, (HB 22-1362), ch. 301, p. 2186, � 8, effective June 2; (4)(b)(I)(A) and (4)(b)(I)(C) amended, (SB 22-118), ch. 335, p. 2372, � 8, effective August 10. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(d), and (3.5)(e) added, (HB 23-1233), ch. 245, p. 1326, � 11, effective May 23. L. 2025: (3.5)(f) added, (HB25-1269), ch. 216, p. 978, � 2, effective May 20. (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 5, effective August 6.

Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of

Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: (1)  In 2011, subsection (4)(b) was amended by the Fair

Permit Act. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2)  For the legislative declaration in HB 21-1284, see section 1 of chapter

327, Session Laws of Colorado 2021.

(3)  For the legislative declaration in HB 23-1233, see section 1 of chapter

245, Session Laws of Colorado 2023.

C.R.S. § 31-16-201

31-16-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Adopting municipality means any municipality which has adopted or is in

the process of adopting an ordinance pursuant to the provisions of this part 2.

(2)  Code means any published compilation of statutes, ordinances, rules,

regulations, or standards adopted by the federal government or the state of Colorado, by an agency of either of them, or by any municipality or other political subdivision in this state. The term includes any codification or compilation of existing ordinances of the adopting municipality. The term code also means published compilations of any nongovernmental organization or institution which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use, occupancy, location, maintenance, or other matters related to buildings or other erected structures including, but not limited to, building codes, fire or fire prevention codes, plumbing codes, housing codes, mechanical codes, and electrical codes.

(3)  Municipality means any city or any town operating under general or

special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with provisions of this part 2.

(4)  Primary code means any code which is directly adopted by reference in

whole or in part by any ordinance passed pursuant to this part 2.

(5)  Published means issued in printed, lithographed, multigraphed,

mimeographed, or similar form.

(6)  Secondary code means any code which is incorporated by reference,

directly or indirectly, in whole or in part in any primary code or in any secondary code.

Source: L. 75: Entire title R&RE, p. 1125, � 1, effective July 1.


Editor's note: This section is similar to former � 31-12-401 as it existed prior

to 1975.

C.R.S. § 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. § 32-4-522

32-4-522. Rates and service charges. (1) (a) Every district and municipality fixing and collecting rates or charges, or both, as provided in section 32-4-510 (1)(l) and elsewhere in this part 5, or otherwise, is, in supplementation of such powers, authorized to fix and collect rents, rates, fees, tolls, and other charges, in this part 5 sometimes referred to as service charges, for direct or indirect connection with, or the use or services of, a sewage disposal system or sewer system, respectively, including, without limiting the generality of the foregoing, minimum charges and charges for the availability of service.

(b)  Such service charges may be charged to and collected in advance or

otherwise by a district from any municipality within the district and by any municipality from any person contracting for such connection or use or services or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been or will be connected with the sewer system or from which or on which originates or has originated sewage or other wastes which directly or indirectly have entered or may enter the sewage disposal system and sewer system, and the municipality or owner, or occupant, of any such real property shall be liable for and shall pay such service charges to the district or municipality fixing the service charges at the time when and place where such service charges are due and payable.

(c)  Such service charges of any district may accrue from any date on which

its board reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument appertaining thereto or in any contract with any municipality, that any sewage disposal system or project being acquired or improved and equipped will be available for service or use.

(2) (a)  Such rents, rates, fees, tolls, and other charges, being in the nature of

use or service charges, shall, as nearly as the district or municipality fixing the service charges shall deem practicable and equitable, be reasonable, and shall be uniform throughout the district or municipality for the same type, class, and amount of use or service of the sewage disposal system or sewer system, and may be based or computed either: On measurements of sewage flow devices duly provided and maintained by the district or by the municipality or any user as approved by the district or municipality fixing such charges, and analyses of sewage samples procured and made by or in a manner approved by the district; or on the consumption of water in or on or in connection with the municipality or real property, making due allowance for commercial use of water and infiltration of groundwater and discharge of surface run-off to the sewer system; or on the number and kind of water outlets on or in connection with the municipality or real property, or on the number and kind of plumbing or sewage fixtures or facilities in or on or in connection with the municipality or real property; or on the number of persons residing or working in or on or otherwise connected or identified with the municipality or real property, or on the capacity of the improvements in or on or connected with the municipality or real property; or upon the availability of service or readiness to serve by the system; or on any other factors determining the type, class, and amount of use or service of the sewage disposal system or sewer system; or on any combination of any such factors, and may give weight to the characteristics of the sewage and other wastes and any other special matter affecting the cost of treatment and disposal thereof, including chlorine demand, biochemical oxygen demand, concentration of solids, and chemical composition.

(b)  Reasonable penalties may be fixed for any delinquencies, including,

without limiting the generality of the foregoing, interest on delinquent service charges from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorneys' fees, and other costs of collection.

(3)  The district or municipality fixing the service charges shall prescribe and,

from time to time, when necessary revise a schedule of such service charges, which shall comply with the terms of any contract of the district or municipality fixing the service charges, and in any event shall be such that the revenues from the service charges of the district or municipality will at all times be adequate, except to the extent that the proceeds of any general ad valorem tax or other moneys are available and used, after an allowance is made for delinquencies accrued and reasonably estimated to accrue by the board or governing body fixing the service charges, for the payment of such service charges, whether resulting from any delinquency of any municipality, other public body, or other person, or from any other cause:

(a)  To pay all expenses of operation and maintenance of the sewage disposal

system or sewer system, including reserves, insurance, and improvements;

(b)  To pay punctually the principal of and interest on any securities payable

from revenues of the sewage disposal system or sewer system and issued or to be issued by the district or municipality fixing the service charges;

(c)  To maintain such reserves or sinking funds therefor; and


(d)  For the payment of any expenses incidental to any sewage disposal

system or sewer system or any project authorized in this part 5, any contingencies, acquisitions, improvements, and equipment, and any other cost, as may be required by the terms of any contract of, or as may be deemed necessary or desirable by, the district or municipality fixing the service charges.

(4)  Said schedule shall thus be prescribed and from time to time revised by

the district or municipality. A public hearing thereon may be, but is not required to be, held by the district or municipality at least seven days after such published notice is given, as the district or municipality may determine to be reasonable. The district or municipality shall fix and determine the times when and the places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for a period of not more than one year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the district or municipality fixing the service charges and shall at all reasonable times be open to public inspection.

(5)  The legislature has determined and declared that the obligations arising

from time to time of any municipality or person to pay service charges fixed in connection with any sewage disposal system or sewer system shall constitute general obligations of the municipality or person charged with their payment; but as such obligations accrue for current services and benefits from and use of any such system, the obligations shall not constitute an indebtedness of the municipality or other public body within the meaning of any constitutional, charter, or statutory limitation or other provision restricting the incurrence of any debt.

(6)  No board, agency, bureau, commission, or official, other than the board of

the district or the governing body of the municipality fixing the service charges, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges, nor to prescribe, supervise, or regulate the performance of services appertaining to a sewage disposal system or sewer system, as authorized in this part 5; but this subsection (6) shall not be construed to be a limitation on the contracting powers of the board of any district or the governing body of any municipality within the district.

Source: L. 62: p. 202, � 14. C.R.S. 1963: � 89-15-21.

C.R.S. § 32-7-141

32-7-141. Sewage collection, treatment, and disposal. (1) For the purpose of providing sewage collection, treatment, and disposal, a service authority has, insofar as consistent with this article, any additional special powers applicable to the provision of that specific service as provided in part 5 of article 4 of this title. Any municipality as defined therein participating with the service authority shall have the additional powers provided municipalities in part 5 of article 4 of this title.

(2)  If the board finds that a sewer line connection is necessary for the

protection of the public health, and if the sewer line of the service authority are within four hundred feet of the nearest property line of such premises, the board may compel the owner of any business, dwelling, or other inhabited premises within the service authority to connect such premises, in accordance with the applicable plumbing code, to a sewer line. Notice to compel such connections shall be given to such owner by registered or certified mail, return receipt requested, to make such connection within twenty days after receipt of such notice, and if such connection has not begun within such period and completed with reasonable diligence by such owner, the board may thereupon make such connection, and the service authority shall, upon completion, have a first and prior lien on the premises for the cost of such connection. Such liens shall be enforced in accordance with the provisions of section 32-7-117.

Source: L. 72: p. 479, � 1. C.R.S. 1963: � 89-25-41.

C.R.S. § 38-12-201.5

38-12-201.5. Definitions. As used in this part 2 and in parts 11 and 14 of this article 12, unless the context otherwise requires:

(1)  Division means the division of housing in the department of local affairs.


(1.5)  Entry fee means any fee paid to or received from an owner of a mobile

home park or an agent thereof except for:

(a)  Rent;


(b)  A security deposit to pay for actual damages to the premises or to secure

rental payments;

(c)  Fees charged by any governmental agency of the state, a county, a town,

or a city;

(d)  Utilities;


(e)  Incidental reasonable charges for services actually performed by the

mobile home park owner or the mobile home park owner's agent and agreed to in writing by the home owner;

(f)  Late fees; and


(g)  Membership fees paid to join a resident or home owner cooperative that

owns the mobile home park or other parks qualifying as common interest communities pursuant to the Colorado Common Interest Ownership Act, article 33.3 of this title 38.

(2)  Home owner means any person or family of a person who owns a mobile

home that is subject to a tenancy in a mobile home park under a rental agreement. Home owner includes a resident who is under a rent-to-own contract pursuant to part 14 of this article 12 that has not been terminated.

(2.5)  Late fee has the meaning set forth in section 38-12-102 (3).


(3)  Management or landlord means the owner of a mobile home park or

person responsible for operating and managing a mobile home park or an agent, employee, or representative authorized to act on the management's behalf in connection with matters relating to tenancy in the park.

(4)  Management visit means an entry by management on a mobile home

lot.

(5)  Mobile home means:


(a)  A single-family dwelling that is built on a permanent chassis; is designed

for long-term residential occupancy; contains complete electrical, plumbing, and sanitary facilities; is designed to be installed in a permanent or semipermanent manner with or without a permanent foundation; and is capable of being drawn over public highways as a unit or in sections by special permit;

(b)  A manufactured home, as defined in section 38-29-102 (6), if the

manufactured home is situated in a mobile home park; or

(c)  A tiny home, as defined in section 24-32-3302 (35), that is used as a long-term residence in the mobile home park.


(6)  Mobile home park or park means a parcel of land used for the

accommodation of five or more mobile homes for which the management or landlord has a rental agreement with a tenant for a mobile home or lot or is receiving rent payments for a mobile home or lot from a tenant or a third party. Mobile home park does not include mobile home subdivisions or property zoned for manufactured home subdivisions. For purposes of this definition, the parcel of land comprising the mobile home park does not need to be contiguous, but must be in the same neighborhood as determined by the division.

(6.5)  Mobile home space, space, mobile home lot, or lot means a

parcel of land within a mobile home park designated by the management to accommodate one mobile home and its accessory buildings and to which the required sewer and utility connections are provided by the park.

(7)  Mobile home subdivision or manufactured home subdivision means

any parcel of land that is divided into two or more parcels, separate interests, or interests in common, where each parcel or interest is owned by an individual or entity who owns both a mobile home and the land underneath the mobile home; except that a parcel is not a mobile home subdivision or manufactured home subdivision when the same owner owns a parcel or subdivided parcels or interests that are collectively used for the continuous accommodation of five or more occupied mobile homes and operated for the pecuniary benefit of the landowner or their agents, lessees, or assignees.

(8)  Premises means a mobile home park and existing facilities and

appurtenances of the park, including furniture and utilities where applicable, and grounds, areas, and existing facilities held out for the use of home owners generally or the use of which is promised to home owners.

(9)  Rent means any money or other consideration to be paid to the

management for the right of use, possession, and occupation of the premises.

(10)  Rental agreement means an agreement, written or implied by law,

between the management and a home owner establishing the terms and conditions of a tenancy, including reasonable rules and regulations promulgated by the park management. A lease is a rental agreement.

(11)  Resident means an individual who resides in a mobile home that is

located in a mobile home park, regardless of whether the individual is the home owner.

(12)  Retaliatory action includes:


(a)  Increasing rent or decreasing services in a selective or excessive manner,

or in a nonuniform manner to the extent that the nonuniform increase or decrease is unrelated to a legitimate business purpose;

(b)  Issuing mandatory fees in a selective or excessive manner, or in a

nonuniform manner to the extent that the nonuniform issuance of the fees is unrelated to a legitimate business purpose;

(c)  Issuing warnings, citations, or fines that are not lawful;


(d)  Serving notices or threatening eviction when the notices or threats are

not reasonably justified;

(e)  Billing a home owner in a selective or excessive manner, or in a

nonuniform manner to the extent that the nonuniform billing is unrelated to a legitimate business purpose, for an item or service for which the home owner has not previously been billed;

(f)  Creating or modifying rules and regulations of the park that are not

reasonably related to a legitimate purpose;

(g)  Selectively enforcing rules or requirements of the park;


(h)  Conducting management visits that are selective, nonuniform, or

excessive; except that this subsection (12)(h) does not include management visits that are conducted for the purpose of providing notices that are required by law or by a rental agreement;

(i)  Altering or refusing to renew an existing rental agreement;


(j)  Surveilling a home owner who submits an oral or written complaint about

a mobile home park to the management or to any federal, state, or local government agency; except that this subsection (12)(j) does not include routine, nonexcessive community inspections or documenting, photographing, or recording of violations of law, the rental agreement, or the rules and regulations of the park; or

(k)  Reporting or publicizing damaging information about a home owner who

submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency.

(13)  Tenancy means the right of a home owner to:


(a)  Locate, maintain, and occupy a mobile home, including accessory

structures for human habitation, on a space within a park;

(b)  Make improvements to the space; and


(c)  Use the services and facilities of the park.


Source: L. 81: Entire section added, p. 1813, � 2, effective June 9. L. 87: (1)

R&RE, (1.5) added, (5), (7), and (9) amended, and (8) repealed, pp. 1310, 1315, �� 2, 1, 15, effective May 8. L. 2010: (2) amended, (SB 10-156), ch. 343, p. 1584, � 2, effective July 1. L. 2019: IP amended, (HB 19-1309), ch. 281, p. 2629, � 5, effective May 23. L. 2020: Entire section R&RE, (HB 20-1196), ch. 195, p. 910, � 1, effective June 30. L. 2021: (1)(e) amended, (SB 21-266), ch. 423, p. 2805, � 36, effective July 2; IP, (1)(d), and (1)(e) amended and (1)(f) and (2.5) added, (SB 21-173), ch. 349, p. 2267, � 9, effective October 1. L. 2022: (5) amended, (HB 22-1242), ch. 172, p. 1138, � 33, effective August 10; (1)(e), (1)(f), and (6) amended and (1)(g) and (6.5) added, (HB 22-1287), ch. 255, p. 1855, � 3, effective October 1. L. 2023: (3) amended, (HB 23-1257), ch. 376, p. 2257, � 6, effective June 5; (6.5) and (7) amended, (HB 23-1301), ch. 303, p. 1843, � 84, effective August 7. L. 2024: IP, (1), (2), and (6) amended and (1.5) added, (HB 24-1294), ch. 399, p. 2730, � 1, effective June 4.

Editor's note: Amendments to subsection (1)(e) by SB 21-173 and SB 21-266

were harmonized.

Cross references: For the legislative declaration in HB 19-1309, see section 1

of chapter 281, Session Laws of Colorado 2019.

C.R.S. § 38-12-212.3

38-12-212.3. Responsibilities of landlord - acts prohibited. (1) (a) Except as otherwise provided in this section:

(I)  In any rental agreement, the landlord is deemed to covenant, warrant, and

maintain, throughout the period of the tenancy described in the rental agreement, premises that are safe, clean, fit for human habitation and reasonable use, and accessible to people with disabilities;

(II)  A landlord is responsible for and shall pay the cost of the maintenance

and repair of any sewer lines, water lines, utility service lines, or related connections owned and provided by the landlord to the utility pedestal or pad space for a mobile home located in the park; and

(III)  A landlord shall ensure that:


(A)  All plumbing lines and other utility connections owned and provided by

the landlord to the utility pedestal or pad space for each mobile home in the park have plumbing and utility connections that conformed to applicable law in effect at the time they were installed and are maintained in good working order;

(B)  Each pad space is connected to a sewage disposal system approved

under applicable law; and

(C)  Running water and reasonable amounts of water are furnished at all

times to each utility pedestal or pad space; except that a landlord need not satisfy the conditions described in this subsection (1)(a)(III)(C) if a mobile home is individually metered and the tenant occupying the mobile home fails to pay for water services; the local government in which the mobile home park is situated shuts off water service to a mobile home for any reason; a third-party water provider shuts off water for the mobile home park for any reason that is unrelated to the landlord's actions or inactions; weather conditions present a likelihood that water pipes will freeze, water pipes to a mobile home are wrapped in heated pipe tape, and the utility company has shut off electrical service to a mobile home for any reason or the heat tape malfunctions for any reason; running water is not available for any other reason outside the landlord's control to prevent through reasonable and timely maintenance; or the landlord is making repairs or improvements to the items described in subsection (1)(a)(II) of this section, the landlord has provided reasonable advance notice to the mobile home residents of a service disruption that is required in connection with the repairs or improvements, and the service disruption continues for no longer than twenty-four hours.

(b)  If a landlord fails to maintain or repair the items described in subsection

(1)(a)(II) or (2)(b) of this section:

(I)  The landlord is responsible for and shall pay the cost of repairing any

damage to a mobile home or mobile home lot that results from the failure;

(II)  The landlord is responsible for and shall pay the cost of providing

alternative sources of potable water reasonably sufficient for drinking and cooking no later than twelve hours after a service disruption begins and reasonably sufficient for bathing and all other essential hygiene for all members of the household no later than seventy-two hours after a service disruption begins and for maintaining portable toilets that are located reasonably near affected mobile homes in a manner that renders them accessible to people with disabilities no later than twelve hours after the service disruption begins unless conditions beyond the landlord's control reasonably prevent compliance with this subsection (1)(b)(II); and

(III)  The landlord shall reimburse residents for any damages to their persons

or property, for any loss of use of their property, and for any expenses that they reasonably incur as a result of the failure.

(c)  A landlord shall give a minimum of forty-eight hours' notice to residents if

water service will be disrupted for more than two hours for planned improvements, maintenance, or repairs. The landlord shall attempt to give a reasonable amount of notice to residents if water service will be disrupted for any other reasons unless conditions are such that providing the notice would result in property damage, health, or safety concerns or when conditions otherwise require emergency repair.

(d)  In addition to the requirements of subsection (1)(b) of this section, a

landlord must also provide a resident with potable water reasonably sufficient for drinking, cooking, bathing, and all other essential hygiene within the time frames specified in subsection (1)(b)(II) of this section if the mobile home park or the resident or home owner's lot in the park is subject to a boil water advisory that was caused due to maintenance or repairs to the park performed or ordered by a park owner or a park owner's agent or contractor until the advisory has been rescinded by the issuing agency. A landlord shall also provide a notice, posted in a conspicuous place on each mobile home lot in both English and Spanish, of a boil water advisory as soon as possible but not later than twenty-four hours after the landlord receives the boil water advisory. Notices that are required to be reissued must also be posted in compliance with this subsection (1)(d).

(2)  In addition to the responsibilities described in subsection (1)(a) of this

section, a landlord is responsible for:

(a)  Any accessory buildings or structures, including sheds and carports, that

are owned by the landlord and provided for the use of the residents; and

(b)  The premises, including:


(I)  Maintaining all common areas in clean condition, good repair, and in

compliance with applicable health and safety laws; keeping common areas and facilities generally available for use by park residents; and keeping common areas accessible to people with disabilities;

(II)  Maintaining roads, existing or constructed sidewalks, and other pavement

owned by the landlord in a passable, safe condition that is sufficient to provide access for residents' vehicles, emergency vehicles, vans providing transportation services to persons who are elderly or disabled, and school buses, if applicable, which maintenance includes ensuring adequate drainage, maintaining pavement above water lines, and snow removal for all roadways and for all pedestrian sidewalks and other pavements that provide access to mailboxes, public notice areas, and public buildings;

(III)  Maintaining lot grades, regrading lots as necessary to prevent the

accumulation of stagnant water and the detrimental effects of moving water, and taking reasonably necessary steps to maintain the integrity of the foundation of each mobile home's utility pedestal or pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident's actions;

(IV)  Maintaining trees on the premises in a manner that protects the safety

of residents of the park and their property, including the preservation of healthy, mature trees that home owners reasonably expected to remain on the premises when they signed their rental agreements, so long as such preservation does not pose a safety risk to any person, property, or infrastructure; and

(V)  Complying with the provisions of part 10 of article 8 of title 25.


(3)  A landlord shall not require a resident to assume any of the

responsibilities described in subsection (1) or (2) of this section as a condition of tenancy in the park.

(4)  Nothing in this section may be construed as:


(a)  Limiting the liability of an individual for the cost of repairing any damage

caused by the individual to the landlord's property or other property located in the park; or

(b)  Restricting a landlord from requiring a home owner or resident to comply

with rules and regulations of the park that are enforceable pursuant to section 38-12-214 or with terms of the rental agreement and any covenants binding upon the landlord or home owner or resident, including covenants running with the land that pertain to the cleanliness of the home owner's or resident's lot and routine lawn and yard maintenance and excluding major landscaping projects.

(5)  A landlord shall establish and maintain an emergency contact number,

post the number in common areas of the park, and communicate the number to home owners and residents in each rental agreement and each revision of the park rules and regulations. A home owner or resident who uses the emergency contact number in a timely manner to report a problem with a condition described in subsection (1) or (2) of this section is deemed to have provided notice to the landlord of the problem.

(5.5)  A landlord shall establish a unique mailing address and mailbox for

each mobile home park lot to provide access to United States mail service and shall include the mailing address in the rental agreement. The mailboxes provided under this section may be located in one or more common areas located within the park or on individual lots. The requirements of this subsection (5.5) do not apply if United States mail service is not available in the geographic area where the park is located.

(6)  If a landlord fails to comply with the requirements of this section, a home

owner of the park may file a complaint with the division of housing pursuant to the Mobile Home Park Act Dispute Resolution and Enforcement Program created in section 38-12-1104. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint. If the division finds by a written determination that the landlord has violated this section, the division may:

(a)  Impose penalties, as described in section 38-12-1105 (5);


(b)  Issue an order to cease and desist, as described in section 38-12-1105 (6);


(c)  Require the landlord to reduce the rent owed by a home owner or resident

on a prorated basis to reflect the home owner's or resident's loss of use of the mobile home space; or

(d)  Require the landlord to compensate a home owner or resident for housing

expenses on a per diem basis if the home owner or resident is displaced from the mobile home as a result of the landlord's violation.

Source: L. 91: Entire section added, p. 1679, � 1, effective April 19. L. 2010:

(1)(a)(I) and (1)(b) amended and (1)(c) added, (SB 10-156), ch. 343, p. 1589, � 8, effective July 1. L. 2020: Entire section amended, (HB 20-1196), ch. 195, p. 919, � 10, effective June 30. L. 2022: IP(1)(b), (1)(b)(II), (3), (4)(b), (5), IP(6), (6)(c), and (6)(d) amended, (HB 22-1287), ch. 255, p. 1861, � 11, effective October 1. L. 2023: (2)(b)(III) and (2)(b)(IV) amended and (2)(b)(V) added, (HB 23-1257), ch. 376, p. 2258, � 8, effective June 5. L. 2024: (1)(a)(III)(C), (1)(b)(II), and (2)(b)(II) amended and (1)(d) added, (HB 24-1294), ch. 399, p. 2735, � 9, effective June 4; (5.5) added, (HB 24-1294), ch. 399, p. 2735, � 9, effective June 30.

C.R.S. § 38-12-504

38-12-504. Tenant's maintenance of premises. (1) In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to:

(a)  Comply with obligations imposed upon tenants by applicable provisions

of building, health, and housing codes materially affecting health and safety;

(b)  Keep the dwelling unit reasonably clean, safe, and sanitary as permitted

by the conditions of the unit;

(c)  Dispose of ashes, garbage, rubbish, and other waste from the dwelling

unit in a clean, safe, sanitary, and legally compliant manner;

(d)  Use in a reasonable manner all electrical, plumbing, sanitary, heating,

ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;

(e)  Conduct himself or herself and require other persons in the residential

premises within the tenant's control to conduct themselves in a manner that does not disturb their neighbors' peaceful enjoyment of the neighbors' dwelling unit; or

(f)  Promptly notify the landlord if the residential premises is uninhabitable as

defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied.

(2)  In addition to the duties set forth in subsection (1) of this section, a tenant

shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.

(3)  Nothing in this section shall be construed to authorize a modification of a

landlord's obligations under this part 5.

Source: L. 2008: Entire part added, p. 1822, � 3, effective September 1. L.

2024: (3) amended, (SB 24-094), ch.158, p. 713, � 4, effective May 3.

C.R.S. § 38-12-505

38-12-505. Uninhabitable residential premises - habitability procedures - rules - definition. (1) A residential premises is deemed uninhabitable if:

(a)  There is mold that is associated with dampness, or there is any other

condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use;

(b)  It substantially lacks any of the following characteristics:


(I)  Functioning appliances that conformed to applicable law at the time of

installation and that are maintained in good working order;

(II)  Waterproofing and weather protection of roof and exterior walls

maintained in good working order, including unbroken windows and doors;

(III)  Plumbing or gas facilities that conformed to applicable law in effect at

the time of installation and that are maintained in good working order;

(IV)  Running water at all times and hot water in an amount necessary for the

tenant to perform all ordinary activities related to maintaining cleanliness and health, furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;

(V)  Functioning heating facilities that conformed to applicable law at the

time of installation and that are maintained in good working order;

(VI)  Electrical lighting, with wiring and electrical equipment that conformed

to applicable law at the time of installation, maintained in good working order;

(VII)  Common areas and areas under the control of the landlord that are kept

reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents, vermin, pests, or insects;

(VIII)  Appropriate extermination in response to the infestation of rodents,

vermin, pests, or insects throughout a residential premises, including compliance with all requirements under part 10 of this article 12;

(IX)  An adequate number of appropriate exterior receptacles for garbage,

waste, and rubbish, in good repair and scheduled to be serviced and emptied at sufficient intervals to ensure containment and proper disposal of all trash, waste, and rubbish;

(X)  Floors, stairways, elevators, and railings maintained in good repair;


(XI)  Locks on all exterior doors and locks or security devices on windows

designed to be opened that are maintained in good working order;

(XII)  Compliance with all applicable building, housing, and health codes, the

violation of which would constitute a condition that materially interferes with the life, health, or safety of the tenant;

(XIII)  Compliance with applicable standards from the American National

Standards Institute, or its successor organization, and all applicable provisions of building, fire, health, and housing codes for the remediation and cleanup of a residential premises following an environmental public health event;

(XIV)  Remediation in compliance with article 18.5 of title 25 if the residential

premises was used as an illegal drug laboratory, as defined in section 25-18.5-101 (8), involving methamphetamine.

(XV)  Compliance with all requirements in section 38-12-803; or


(XVI)  Compliance with all requirements related to cooling devices

established in subsection (7) of this section; or

(c)  It is otherwise unfit for human habitation.


(2)  A deficiency in the common area shall not render a residential premises

uninhabitable as set forth in subsection (1) of this section, unless it materially affects the tenant's use of the tenant's dwelling unit.

(3) (a)  Before a landlord leases a residential premises to a tenant, the

landlord must ensure that the residential premises is fit for human habitation in accordance with section 38-12-503 (1) and that the residential premises is not in a condition described in subsection (1) of this section.

(b)  A landlord that leases a residential premises that is not in compliance

with this section breaches the warranty of habitability pursuant to section 38-12-503 (1), and the tenant may pursue any remedy under section 38-12-507.

(c)  On and after January 1, 2025, every rental agreement between a landlord

and tenant must include a statement in at least twelve-point, bold-faced type that states that every tenant is entitled to safe and healthy housing under Colorado's warranty of habitability and that a landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant's residential premises, requesting repairs, or seeking to enjoy the tenant's right to safe and healthy housing.

(d)  On and after January 1, 2025, every rental agreement between a landlord

and tenant must include a statement in English and Spanish and in at least twelve-point, bold-faced type that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an email address or accessible online tenant portal or platform where a tenant can deliver written notice of an uninhabitable condition.

(e)  If a landlord provides a tenant with an online tenant portal or platform,

the landlord must post in a conspicuous place in the online tenant portal or platform a statement in English and Spanish that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an email address or accessible online portal or platform where a tenant can deliver written notice of an uninhabitable condition.

(4)  There is a rebuttable presumption that the following conditions at a

residential premises materially interfere with a tenant's life, health, or safety pursuant to section 38-12-503 (2)(a)(II):

(a)  Lack of waterproofing and weather protection for the roof, exterior walls,

exterior doors, and exterior windows of a dwelling unit so that weather-related elements can enter the dwelling unit;

(b)  Any hazardous condition of gas piping, gas facilities, gas appliances, or

other gas equipment;

(c)  Inadequate running water or inadequate running hot water, except for

temporary disruptions in water service due to necessary maintenance, repair, or construction that is being performed or temporary disruptions in water service that a landlord could not reasonably prevent or control;

(d)  Lack of functioning heating facilities and equipment fixtures that are

installed and operating in compliance with applicable law at the time of installation and that are maintained in good working order from October through April of each year;

(e)  Any hazardous condition of electrical wiring, electrical facilities,

electrical appliances, or other electrical equipment;

(f)  Lack of electricity or disruptions of electricity that are caused by a

landlord's failure to maintain electrical wiring, electrical facilities, electrical appliances, or electrical equipment;

(g)  Lack of working locks or security devices on all exterior doors that allow

entry into a residential premises or a dwelling unit and all exterior windows that are designed to be opened;

(h)  Lack of working plumbing or sewage disposal or any condition that allows

sewage, water, moisture, or other contaminants to enter the residential premises other than through properly working plumbing and sewage disposal systems;

(i)  An infestation of rodents, vermin, pests, or insects;


(j)  Any inaccessible fire exits or egress in accordance with applicable

building, housing, fire, and health codes;

(k)  Any missing, damaged, improper, or misaligned chimney or venting on any

fuel-fired heating, ventilation, or cooling system; or

(l)  An inoperable elevator when the tenant has a disability that prevents the

tenant from being able to use the stairs to access the tenant's dwelling unit or the tenant relies on an elevator to access the tenant's dwelling unit and there are no other operable elevators that provide access to the tenant's unit.

(5)  A landlord may rebut the presumption in subsection (4) of this section by

demonstrating, through clear and convincing evidence, that a condition listed in subsection (4) of this section does not materially interfere with a tenant's life, health, or safety.

(6)  Nothing in this section prevents a court or jury from finding that any

condition or combination of conditions described in this section materially interferes with a tenant's life, health, or safety.

(7) (a)  A landlord shall not prohibit or restrict a tenant from installing or

using a portable cooling device, including under any rental agreement or other agreement between the landlord and the tenant; except that the landlord may prohibit or restrict the installation or use of a portable cooling device if the installation or use of the portable cooling device would:

(I)  Violate any building codes, state law, or federal law;


(II)  Violate the portable cooling device manufacturer's written safety

guidelines for installing or using the device;

(III)  Damage the premises or render the premises uninhabitable; or


(IV)  Require more amperage to power the portable cooling device than can

be accommodated by the residential premises', dwelling unit's, or circuit's electrical capacity.

(b)  A landlord that restricts the installation or use of portable cooling

devices at a residential premises with multiple dwelling units under subsection (7)(a)(IV) of this section shall prioritize a tenant who requests the installation or usage of a portable cooling device to accommodate the tenant's disability over other tenants' requests to install or use a portable cooling device.

(c)  A landlord that restricts the installation or use of a portable cooling

device at a residential premises under subsection (7)(a) of this section shall:

(I)  Disclose any restrictions on the installation or use of portable cooling

devices to a tenant or prospective tenant in writing;

(II)  Provide information about whether the landlord intends to operate one or

more common spaces at the residential premises that will be cooled by a portable cooling device or permanent cooling device and available to the tenant during an extreme heat event; and

(III)  If the landlord does not intend to operate common spaces at the

residential premises that will be cooled by a portable cooling device or permanent cooling device, provide information on community cooling spaces that are located near the residential premises and accessible to the tenant during an extreme heat event; except that a landlord is not required to provide information on community cooling spaces if there are no known community cooling spaces within ten miles of the residential premises.

(d) (I)  As used in this subsection (7), unless the context otherwise requires,

community cooling spaces means public spaces that are available to a tenant and that are located on or near the residential premises and that maintain a temperature that is not higher than eighty degrees Fahrenheit.

(II)  Community cooling spaces may include recreation centers, community

centers, and public libraries.

(e)  Nothing in this subsection (7) modifies a landlord's obligation to permit

reasonable modifications and reasonable accommodations for individuals with a disability under section 24-34-502.2.

Source: L. 2008: Entire part added, p. 1822, � 3, effective September 1. L.

2019: (1) and (3) amended, (HB 19-1170), ch. 229, p. 2308, � 4, effective August 2. L. 2023: (1)(b)(XI), (1)(b)(XII), and (3) amended and (1)(b)(XIII) added, (HB 23-1254), ch. 169, p. 826, � 4, effective May 12; (1)(b)(XI) and (1)(b)(XII) amended and (1)(b)(XIV) added, (SB 23-148), ch. 326, p. 1958, � 4, effective August 7. L. 2024: (1)(a), (1)(b)(IV), (1)(b)(VII) to (1)(b)(X), (1)(b)(XIII), (2), and (3) amended and (1)(b)(XV), (1)(b)(XVI), (1)(c), and (4) to (7) added, (SB 24-094), ch. 158, p. 713, � 5, effective May 3.

Cross references: For the legislative declaration in HB 23-1254, see section 1

of chapter 169, Session Laws of Colorado 2023.

C.R.S. § 38-35-204

38-35-204. Order to show cause. (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:

(a)  Direct any lien claimant and any person who recorded or filed the lien or

document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;

(b)  State that, if the respondent fails to appear at the time and place

specified, the spurious lien or spurious document will be declared invalid and released; and

(c)  State that the court shall award costs, including reasonable attorney

fees, to the prevailing party.

(2)  If, following the hearing on the order to show cause, the court determines

that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state.

(3)  If, following the hearing on the order to show cause, the court determines

that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.

Source: L. 97: Entire part added, p. 37, � 1, effective March 20. L. 2012: (1)(a)

amended, (SB 12-175), ch. 208, p. 895, � 170, effective July 1.

Editor's note: Section 38-22.5-110 states that this section applies to liens

asserted pursuant to article 22.5 of this title.

ARTICLE 35.5

Nondisclosure of Information Psychologically

Impacting Real Property

38-35.5-101.  Circumstances psychologically impacting real property - no

duty for broker or salesperson to disclose. (1) Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:

(a)  That an occupant of real property is, or was at any time suspected to be,

infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or

(b)  That the property was the site of a homicide or other felony or of a

suicide.

(2)  No cause of action shall arise against a real estate broker or salesperson

for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.

Source: L. 91: Entire article added, p. 1636, � 20, effective July 1.

ARTICLE 35.7

Disclosures Required in Connection with

Conveyances of Residential Real Property

38-35.7-101.  Disclosure - special taxing districts - general obligation

indebtedness. (1) Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:

SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.

(2)  The obligation to provide the disclosure set forth in subsection (1) of this

section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.

Source: L. 92: Entire article added, p. 995, � 4, effective July 1. L. 2009: (1)

amended, (SB 09-087), ch. 325, p. 1735, � 7, effective July 1.

38-35.7-102.  Disclosure - common interest community - obligation to pay

assessments - requirement for architectural approval. (1) On and after January 1, 2007, every contract for the purchase and sale of residential real property in a common interest community shall contain a disclosure statement in bold-faced type that is clearly legible and in substantially the following form:

THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.

(2) (a)  The obligation to provide the disclosure set forth in subsection (1) of

this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for actual damages directly and proximately caused by such failure plus court costs. It shall be an affirmative defense to any claim for damages brought under this section that the purchaser had actual or constructive knowledge of the facts and information required to be disclosed.

(b)  Upon request, the seller shall either provide to the buyer or authorize the

unit owners' association to provide to the buyer, upon payment of the association's usual fee pursuant to section 38-33.3-317 (4), all of the common interest community's governing documents and financial documents, as listed in the most recent available version of the contract to buy and sell real estate promulgated by the real estate commission as of the date of the contract.

(3)  This section shall not apply to the sale of a unit that is a time share unit,

as defined in section 38-33-110 (7).

Source: L. 2005: Entire section added, p. 1389, � 19, effective January 1,

1. L. 2006: Entire section R&RE, p. 1225, � 15, effective May 26. L. 2012: (2)(b) amended, (HB 12-1237), ch. 232, p. 1019, � 2, effective January 1, 2013.

   38-35.7-103. Disclosure - methamphetamine laboratory. (1) A buyer of residential real property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine laboratory.

   (2) (a) Tests conducted pursuant to this section shall be performed by a certified industrial hygienist or industrial hygienist, as those terms are defined in section 24-30-1402, C.R.S., and in accordance with the procedures and standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been contaminated with methamphetamine or other contaminants for which standards have been established pursuant to section 25-18.5-102, C.R.S., and has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give written notice to the seller of the results of the test, and the buyer may terminate the contract. The contract shall not limit the rights to test the property or to cancel the contract based upon the result of the tests.

   (b) The seller shall have thirty days after receipt of the notice to conduct a second independent test. If the seller's test results indicate that the property has been used as a methamphetamine laboratory but has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist shall so notify the seller.

   (c) If the seller receives a notice under this subsection (2) and does not elect to have the property retested under this subsection (2), then an illegal drug laboratory used to manufacture methamphetamine has been discovered. Nothing in this section prohibits a buyer from purchasing the property and assuming liability under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides notice to the department of public health and environment and governing body of the purchase and assumption of liability and if the remediation required by section 25-18.5-103, C.R.S., is completed within ninety days after the date of closing.

   (3) (a) Except as specified in subsection (4) of this section, the seller shall disclose in writing to the buyer whether the seller knows that the property was previously used as a methamphetamine laboratory.

   (b) A seller who fails to make a disclosure required by this section at or before the time of sale and who knew of methamphetamine production on the property is liable to the buyer for:

   (I) Costs relating to remediation of the property according to the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S.;

   (II) Costs relating to health-related injuries occurring after the sale to residents of the property caused by methamphetamine production on the property; and

   (III) Reasonable attorney fees for collection of costs from the seller.

   (c) A buyer shall commence an action under this subsection (3) within three years after the date on which the buyer closed the purchase of the property where the methamphetamine production occurred.

   (4) If the seller becomes aware that the property was an illegal methamphetamine drug laboratory, remediates the property in accordance with the standards established pursuant to section 25-18.5-102, and receives certificates of compliance under section 25-18.5-102 (1)(e), then:

   (a) The seller is not required to disclose that the property was used as an illegal methamphetamine drug laboratory to a buyer; and

   (b) Five years after the later date on the certificates of compliance issued pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the database listing properties that have been used as an illegal methamphetamine drug laboratory in accordance with section 25-18.5-106 (2).

   (5) For purposes of this section, residential real property or property includes a manufactured home; mobile home; condominium; townhome; home sold by the owner, a financial institution, or the federal department of housing and urban development; rental property, including an apartment; and short-term residence such as a motel or hotel.

   Source: L. 2006: Entire section added, p. 712, � 1, effective January 1, 2007. L. 2009: (2)(a) amended, (SB 09-060), ch. 140, p. 601, � 3, effective April 20. L. 2013: (2)(c) and (4) amended, (SB 13-219), ch. 293, p. 1570, � 2, effective August 7. L. 2023: (4) and (5) amended, (SB 23-148), ch. 326, p. 1958, � 5, effective August 7.

   38-35.7-104. Disclosure of potable water source - rules. (1) (a) (I) By January 1, 2008, the real estate commission created in section 12-10-206 shall, by rule, require each listing contract, contract of sale, or seller's property disclosure for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the source of potable water for the property, which disclosure shall include substantially the following information:

THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS:

A WELL;

A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS:

NAME:

ADDRESS:

WEB SITE:

TELEPHONE:

NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE]:

SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.

(II)  On and after January 1, 2008, each listing contract, contract of sale, or

seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction pursuant to article 10 of title 12 shall contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in subsection (1)(a)(I) of this section.

(b)  If the disclosure statement required by paragraph (a) of this subsection

(1) indicates that the source of potable water is a well, the seller shall also provide with such disclosure a copy of the current well permit if one is available.

(2)  The obligation to provide the disclosure set forth in subsection (1) of this

section shall be upon the seller. If the seller complies with this section, the purchaser shall not have any claim under this section for relief against the seller or any person licensed pursuant to article 10 of title 12 for any damages to the purchaser resulting from an alleged inadequacy of the property's source of water. Nothing in this section shall affect any remedy that the purchaser may otherwise have against the seller.

(3)  For purposes of this section, residential real property means residential

land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.

Source: L. 2007: Entire section added, p. 853, � 1, effective August 3. L.

2019: (1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1724, � 236, effective October 1.

38-35.7-105.  Disclosure of transportation projects - rules. No later than

January 1, 2009, the real estate commission created in section 12-10-206 shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.

Source: L. 2008: Entire section added, p. 1713, � 10, effective June 2. L. 2019:

Entire section amended, (HB 19-1172), ch. 136, p. 1725, � 237, effective October 1.

38-35.7-106.  Solar prewire option - solar consultation. (1) (a)  Every person

that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:

(I)  A residential photovoltaic solar generation system or a residential solar

thermal system, or both;

(II)  Upgrades of wiring or plumbing, or both, planned by the builder to

accommodate future installation of such systems; and

(III)  A chase or conduit, or both, constructed to allow ease of future

installation of the necessary wiring or plumbing for such systems.

(b)  The offer required by subsection (1)(a) of this section must be made in

accordance with the builder's construction schedule for the residence.

(2)  Every person that builds a new single-family detached residence for sale,

whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.

(3)  Repealed.


(4)  Providing the master list of solar installers prepared by the Colorado

solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.

(5)  Repealed.


(6)  Nothing in this section shall preclude a person that builds a new single-family detached residence from:


(a)  Subjecting solar photovoltaic electrical system upgrades to the same

terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of solar

photovoltaic electrical system upgrades;

(c)  Stipulating in the purchase agreement or sales contract that solar

photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.

(7) (a)  This section applies to contracts entered into on or after August 10,

2009, to purchase new single-family detached residences built on or after August 10, 2009.

(b)  This section does not apply to:


(I)  An unoccupied home serving as sales inventory or a model home; or


(II)  A manufactured home as defined in section 24-32-3302 (20).


Source: L. 2009: Entire section added, (HB 09-1149), ch. 235, p. 1073, � 1,

effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 224, p. 977, � 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 359, p. 2148, � 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 193, p. 895, � 2, effective September 14.

38-35.7-107.  Water-smart homes option. (1) (a)  Every person that builds a

new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to select one or more of the following water-smart home options for the residence:

(I)  Repealed.


(II)  If dishwashers or clothes washers are financed, installed, or sold as

upgrades through the home builder, the builder shall offer a model that is qualified pursuant to the federal environmental protection agency's energy star program at the time of offering. Clothes washers shall have a water factor of less than or equal to six gallons of water per cycle per cubic foot of capacity.

(III)  If landscaping is financed, installed, or sold as upgrades through the

home builder and will be maintained by the home owner, the home builder shall offer a landscape design that follows the landscape practices specified in this subparagraph (III) to ensure both the professional design and installation of such landscaping and that water conservation will be accomplished. These best management practices are contained in the document titled Green Industry Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado: Moving Toward Sustainability, 3rd release, and appendix, released in May 2008, or this document's successors due to future inclusion of improved landscaping practices, water conservation advancements, and new irrigation technology. The best management practices specified in this subparagraph (III), through utilization of the proper landscape design, installation, and irrigation technology, accomplish substantial water savings compared to landscape designs, installation, and irrigation system utilization where these practices are not adhered to. The following best management practices and water budget calculator form the basis for the design and installation for the front yard landscaping option if selected by the homeowner as an upgrade:

(A)  Xeriscape: To include the seven principles of xeriscape that provide a

comprehensive approach for conserving water;

(B)  Water budgeting: To include either a water allotment by the water utility

for the property, if offered by the water utility, or a landscape water budget based on plant water requirements;

(C)  Landscape design: To include a plan and design for the landscape to

comprehensively conserve water and protect water quality;

(D)  Landscape installation and erosion control: To minimize soil erosion and

employ proper soil care and planting techniques during construction;

(E)  Soil amendment and ground preparation: To include an evaluation of the

soil and improve it, if necessary, to address water retention, permeability, water infiltration, aeration, and structure;

(F)  Tree placement and tree planting: To include proper soil and space for

root growth and to include proper planting of trees, shrubs, and other woody plants to promote long-term health of these plants;

(G)  Irrigation design and installation: To include design of the irrigation

system for the efficient and uniform distribution of water to plant material and the development of an irrigation schedule;

(H)  Irrigation technology and scheduling: To include water conserving

devices that stop water application during rain, high wind, and other weather events and incorporate evapotranspiration conditions. Irrigation scheduling should address frequency and duration of water application in the most efficient manner; and

(I)  Mulching: To include the use of organic mulches to reduce water loss

through evaporation, reduce soil loss, and suppress weeds.

(IV)  Installation of a pressure-reducing valve that limits static service

pressure in the residence to a maximum of sixty pounds per square inch. Piping for home fire sprinkler systems shall comply with state and local codes and regulations but are otherwise excluded from this subparagraph (IV).

(b)  The offer required by paragraph (a) of this subsection (1) shall be made in

accordance with the builder's construction schedule for the residence. In the case of prefabricated or manufactured homes, construction schedule includes the schedule for completion of prefabricated walls or other subassemblies.

(2)  Nothing in this section precludes a person that builds a new single-family

detached residence from:

(a)  Subjecting water-efficient fixture and appliance upgrades to the same

terms and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of the

selected options; or

(c)  Stipulating in the purchase agreement or sales contract that water-efficient fixtures and appliances are based on technology available at the time of

installation, such upgrades may not support all water-efficient fixtures or appliances installed at a future date, and the person that builds a new single-family detached residence is not liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate water-efficient fixtures or appliances installed at a future date.

(3)  This section does not apply to unoccupied homes serving as sales

inventory or model homes.

(4)  The upgrades described in paragraph (a) of subsection (1) of this section

shall not contravene state or local codes, covenants, and requirements. All homes, landscapes, and irrigation systems shall meet all applicable national, state, and local regulations.

Source: L. 2010: Entire section added, (HB 10-1358), ch. 398, p. 1892, � 1,

effective January 1, 2011. L. 2011: IP(1)(a)(III) amended, (HB 11-1303), ch. 264, p. 1174, � 89, effective August 10. L. 2014: (1)(a)(I)(B) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, � 3, 6.

Editor's note: Subsection (1)(a)(I)(B) provided for the repeal of subsection

(1)(a)(I), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)

38-35.7-108.  Disclosure of oil and gas activity - rules. (1) (a)  By January 1,

2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:

THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY

FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.

 THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE

GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.

 THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO

THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.

 THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION

REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.

(b)  On and after January 1, 2016, each contract of sale or seller's property

disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).

(2)  The disclosure required by subsection (1) of this section does not create a

duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.

Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, � 1,

effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, � 238, effective October 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1258, � 41, effective July 1.

38-35.7-109.  Electric vehicle charging and heating systems - options -

definitions. (1) (a) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence's electrical system include one of the following:

(I)  An electric vehicle charging system;


(II)  Upgrades of wiring planned by the builder to accommodate future

installation of an electric vehicle charging system; or

(III)  A two-hundred-eight- to two-hundred-forty-volt alternating current

plug-in receptacle in an appropriate place accessible to a motor vehicle parking area.

(b)  A person that builds a new residence for which a buyer is under contract

shall offer the buyer the opportunity to have the residence include an efficient electrical heating system, including an electric water heater, electric boiler, or electric furnace or heat-pump system.

(c)  A person that builds a new residence for which a buyer is under contract

shall offer the buyer pricing, energy efficiency, and utility bill information for each natural gas, electric, or other option available from and information pertaining to those options from the federal Energy Star program, as defined in section 6-7.5-102 (24), or similar information about energy efficiency and utilization reasonably available to the person building the residence.

(d)  Subsection (1)(a) of this section does not apply to a residence in which the

electrical system has been substantially installed before a buyer enters into a contract to purchase the residence. Subsection (1)(b) of this section does not apply to a residence in which the heating system has been substantially installed before a buyer enters into a contract to purchase the residence.

(2)  To comply with this section, the offer required by subsection (1) of this

section must be made in accordance with the builder's construction schedule for the residence.

(3)  Nothing in this section precludes a person that builds a new residence

from:

(a)  Subjecting electric vehicle charging system upgrades to the same terms

and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of electric

vehicle charging system upgrades;

(c)  Stipulating in the purchase agreement or sales contract that:


(I)  Electric vehicle charging system upgrades are based on technology

available at the time of installation and might not support all electric vehicle charging systems or systems installed in the future; and

(II)  The person that builds a new residence is not liable for any additional

upgrades, retrofits, or other alterations to the residence necessary to accommodate an electric vehicle charging system installed in the future.

(4)  As used in this section:


(a)  Electric vehicle charging system means:


(I)  An electric vehicle charging system as defined in section 38-12-601 (6)(a)

that has power capacity of at least 6.2 kilowatts, that is Energy Star certified, and that has the ability to connect to the internet; or

(II)  An inductive residential charging system for battery-powered electric

vehicles that is certified by Underwriters Laboratories or an equivalent certification, that complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards, that is Energy Star certified, and that has the ability to connect to the internet.

(b)  Residence means a single-family owner-occupied detached dwelling.


(5) (a)  This section applies to contracts entered into on or after September

14, 2020, to purchase new residences built on or after September 14, 2020.

(b)  This section does not apply to:


(I)  An unoccupied home serving as sales inventory or a model home; or


(II)  A manufactured home as defined in section 24-32-3302 (20).


Source: L. 2020: Entire section added, (HB 20-1155), ch. 193, p. 896, � 3,

effective September 14. L. 2023: (1)(c) amended, (HB 23-1161), ch. 285, p. 1717, � 11, effective August 7.

38-35.7-110.  Disclosure - estimated future property taxes for residences

within the boundaries of a metropolitan district - rules - definition.

(1)  Repealed.


(2)  On and after January 1, 2022, an owner of residential real property that is

located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property, concurrently with or prior to the execution of a contract to sell the property, shall provide to the purchaser of the property:

(a)  A paper copy, electronic copy, or a website page link to the notice to

electors required by section 32-1-809 (1) as most recently prepared and filed by the metropolitan district;

(b)  A paper copy, electronic copy, or a website page link to the service plan

or statement of purpose of the metropolitan district, including any amendments to the service plan, as filed with the division of local government in the department of local affairs;

(c)  A statement in writing disclosing that:


(I)  Pursuant to its service plan, the metropolitan district has authority to

issue up to ____ dollars of debt and, if applicable, that the debt of the district may be repaid through ad valorem property taxes, from a debt service mill levy on all taxable property of the district, or any other legally available revenues of the district;

(II)  The maximum debt service mill levy the metropolitan district is permitted

to impose under the service plan is ____ mills or, if no maximum debt service mill levy is specified in the service plan, a statement that there is no maximum debt service mill levy. If applicable, the statement must also disclose whether the debt service mill levy cap may be adjusted due to changes in the constitutional or statutory method of assessing property tax or in the assessment ratio, or by amendments to the service plan or voter authorizations.

(III)  In addition to imposing a debt service mill levy, the metropolitan district

is also authorized to impose a separate mill levy to generate revenues for general operating expenses. If applicable, the statement must also disclose whether the amount of the general operating expenses mill levy may be increased as necessary, separate and apart from the debt service mill levy cap. In the alternative, if the service plan provides for the aggregate mill levy cap for debt service and general operating expenses combined, the statement must address the applicable aggregate mill levy cap.

(IV)  The metropolitan district may also rely upon various other revenue

sources authorized by law to offset its expenses of capital construction and general operating expenses. Pursuant to Colorado law, the district may impose fees, rates, tolls, penalties, or other charges as provided in title 32. The statement must include that a current fee schedule, if applicable, is available from the metropolitan district.

(V)  Actions by the metropolitan district pursuant to its authority to issue

debt, impose mill levies, and impose fees, rates, tolls, penalties, or other charges may increase costs to residents living in the metropolitan district.

(d)  An estimate of the dollar amount of property taxes levied by the

metropolitan district that are applicable to the property for collection during the year in which the sale occurs, which estimate must include any debt service mill levies that are specified in subsection (2)(c)(II) of this section and any mill levies for general operating expenses that are specified in subsection (2)(c)(III) of this section, shown both as the total mill levy as well as the total dollar amount that could be collected based upon the purchase price of the property, the residential assessment rate, and mill levies that are in effect in the district at the time of the sale; and

(e)  A copy of the most current certificate of taxes due or tax statement

issued by the county treasurer that is applicable to the property as an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property in which the newly constructed residence is located.

(3)  In disclosing an estimate of property taxes for purposes of satisfying

subsection (2)(d)(I) of this section, the seller shall calculate the estimate based upon application of the following assumptions:

(a)  The purchase price is considered to be the value of the real property

including the newly constructed residence as reflected in the contract to purchase the property;

(b)  The ratio of valuation for assessment is the same as the residential real

property assessment ratio set forth in section 39-1-104.2 for the property tax year in which the sale occurs; and

(c)  The mill levies are the same as those levied by all taxing entities that are

applicable to the property for the property tax year in which the sale occurs; except that, if the seller has actual knowledge that the total mill levies will change in the next property tax year, the seller shall use the updated information in making the calculation.

(4)  Along with the estimate required by subsection (2) of this section, the

seller shall include, in bold-faced type that is clearly legible, the following statement:

This estimate only provides an illustration of the amount of the new property taxes that may be due and owing after the property has been reassessed and, in some instances, reclassified as residential property. This estimate is not a statement of the actual and future taxes that may be due. First year property taxes may be based on a previous year's tax classification, which may not include the full value of the property and, consequently, taxes may be higher in subsequent years. A seller has complied with this disclosure statement as long as the disclosure is based upon a good-faith effort to provide accurate estimates and information.

(5)  A seller is deemed to have complied with this section as long as the

disclosures required by this section are based upon a good-faith effort to provide accurate estimates and information.

Source: L. 2021: Entire section added, (SB 21-262), ch. 368, p. 2430, � 6,

effective September 7. L. 2022: (2)(e) amended, (SB 22-164), ch. 155, p. 984, � 1, effective May 6. L. 2025: (1) repealed, IP(2) and (2)(d) amended, and (2)(c)(V) added, (HB 25-1219), ch. 290, p. 1491, � 4, effective August 6.

38-35.7-111.  Disclosure - metropolitan district website - residences within

the boundaries of a metropolitan district. On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section 32-1-104.5 (3). The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.

Source: L. 2023: Entire section added, (SB 23-110), ch. 52, p. 186, � 5,

effective August 7.

38-35.7-112.  Disclosure - elevated radon - rules - definition. (1)  A buyer of

residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.

(2) (a)  Each contract of sale for residential real property must contain the

following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows:

The Colorado Department of Public Health and Environment strongly

recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.

Residential real property may present exposure to dangerous levels of

indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.

(b)  Each contract of sale for residential real property or seller's property

disclosure for residential real property must contain the following disclosures:

(I)  Any knowledge the seller has of the residential real property's radon

concentrations, including the following information:

(A)  Whether a radon test or tests have been conducted on the residential

real property;

(B)  The most recent records and reports pertaining to radon concentrations

within the residential real property;

(C)  A description of any radon concentrations detected or mitigation or

remediation performed; and

(D)  Information regarding whether a radon mitigation system has been

installed in the residential real property; and

(II)  An electronic or paper copy of the most recent brochure published by the

department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.

(c)  The real estate commission shall promulgate rules requiring:


(I)  Each contract that is for the purchase and sale of residential real property

and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and

(II)  Each contract for sale or seller's property disclosure for residential real

property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.

(3)  As used in this section:


(a)  Real estate commission means the real estate commission created in

section 12-10-206.

(b)  Residential real property includes:


(I)  A single-family home, manufactured home, mobile home, condominium,

apartment, townhome, or duplex; or

(II)  A home sold by the owner, a financial institution, or the United States

department of housing and urban development.

Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2135, � 2,

effective August 7.

Cross references: For the legislative declaration in SB 23-206, see section 1

of chapter 356, Session Laws of Colorado 2023.

ARTICLE 36

Torrens Title Registration Act

PART 1

TORRENS TITLE REGISTRATION

C.R.S. § 39-1-102

39-1-102. Definitions. As used in articles 1 to 13 of this title 39, unless the context otherwise requires:

(1)  Administrator means the property tax administrator.


(1.1) (a)  Agricultural and livestock products means plant or animal products

in a raw or unprocessed state that are derived from the science and art of agriculture, regardless of the use of the product after its sale and regardless of the entity that purchases the product. Agriculture, for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.

(b)  On and after January 1, 2023, for the purposes of this subsection (1.1),

agricultural and livestock products includes crops grown within a controlled environment agricultural facility in a raw or unprocessed state for human or livestock consumption. For the purposes of this subsection (1.1)(b), agricultural and livestock products does not include marijuana, as defined in section 18-18-102 (18)(a), or any other nonfood crop agricultural products.

(1.3)  Agricultural equipment that is used on the farm or ranch or in a CEA

facility in the production of agricultural products:

(a)  Means any personal property used on a farm or ranch, as defined in

subsections (3.5) and (13.5) of this section, for planting, growing, and harvesting agricultural products or for raising or breeding livestock for the primary purpose of obtaining a monetary profit; and

(b)  Includes:


(I)  Any mechanical system used on the farm or ranch for the conveyance and

storage of animal products in a raw or unprocessed state, regardless of whether or not such mechanical system is affixed to real property;

(II)  Silviculture personal property that is designed, adapted, and used for the

planting, growing, maintenance, or harvesting of trees in a raw or unprocessed state;

(III)  Any personal property within a facility, whether attached to a building or

not, that is capable of being removed from the facility, and is used in direct connection with the operation of a controlled environment agricultural facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and

(IV)  Any personal property within a greenhouse, whether attached to the

greenhouse or not, that is capable of being removed from the greenhouse and is used in direct connection with the operation of a greenhouse, which greenhouse is used solely for planting or growing crops in a raw or unprocessed state, and the sole purpose of growing crops in the greenhouse is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(1.6) (a)  Agricultural land, whether used by the owner of the land or a

lessee, means one of the following:

(I) (A)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that was used the previous two years and presently is used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, or that is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as agricultural land, consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. Agricultural land under this subparagraph (I) shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. Agricultural land also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land. For purposes of this subparagraph (I), a parcel of land shall be in the process of being restored through conservation practices if: The land has been placed in a conservation reserve program established by the natural resources conservation service pursuant to 7 U.S.C. secs. 1 to 5506; or a conservation plan approved by the appropriate conservation district has been implemented for the land for up to a period of ten crop years as if the land has been placed in such a conservation reserve program.

(B)  A residential improvement shall be deemed to be integral to an

agricultural operation for purposes of sub-subparagraph (A) of this subparagraph (I) if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.

(II)  A parcel of land that consists of at least forty acres, that is forest land,

that is used to produce tangible wood products that originate from the productivity of such land for the primary purpose of obtaining a monetary profit, that is subject to a forest management plan, and that is not a farm or ranch, as defined in subsections (3.5) and (13.5) of this section. Agricultural land under this subparagraph (II) includes land underlying any residential improvement located on such agricultural land.

(III)  A parcel of land that consists of at least eighty acres, or of less than

eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. Agricultural land under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.

(IV)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, if the owner of the land has a decreed right to appropriated water granted in accordance with article 92 of title 37, C.R.S., or a final permit to appropriated groundwater granted in accordance with article 90 of title 37, C.R.S., for purposes other than residential purposes, and water appropriated under such right or permit shall be and is used for the production of agricultural or livestock products on such land;

(V)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that has been reclassified from agricultural land to a classification other than agricultural land and that met the definition of agricultural land as set forth in subparagraphs (I) to (IV) of this paragraph (a) during the three years before the year of assessment. For purposes of this subparagraph (V), the parcel of land need not have been classified or eligible for classification as agricultural land during the ten years preceding the year of assessment as required by subparagraph (I) of this paragraph (a).

(b) (I)  Except as provided in subparagraph (II) of this paragraph (b), all other

agricultural property that does not meet the definition set forth in paragraph (a) of this subsection (1.6) shall be classified as all other property and shall be valued using appropriate consideration of the three approaches to appraisal based on its actual use on the assessment date.

(II)  On and after January 1, 2015, all other agricultural property includes

greenhouse and nursery production areas used to grow food products, agricultural products, or horticultural stock for wholesale purposes only that originate above the ground.

(c)  An assessor must determine, based on sufficient evidence, that a parcel

of land does not qualify as agricultural land, as defined in subparagraph (IV) of paragraph (a) of this subsection (1.6), before land may be changed from agricultural land to any other classification.

(d)  Notwithstanding any other provision of law to the contrary, property that

is used solely for the cultivation of medical marijuana shall not be classified as agricultural land.

(2)  Assessor means the elected assessor of a county, or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, and, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code.

(2.5)  Bed and breakfast means an overnight lodging establishment,

whether owned by a natural person or any legal entity, that is a residential dwelling unit or an appurtenance thereto, in which the innkeeper resides, or that is a building designed but not necessarily occupied as a single family residence that is next to, or directly across the street from, the innkeeper's residence, and in either circumstance, in which:

(a)  Lodging accommodations are provided for a fee;


(b)  At least one meal per day is provided at no charge other than the fee for

the lodging accommodations; and

(c)  There are not more than thirteen sleeping rooms available for transient

guests.

(3)  Board means the board of assessment appeals.


(3.1)  Commercial lodging area means a guest room or a private or shared

bathroom within a bed and breakfast that is offered for the exclusive use of paying guests on a nightly or weekly basis. Classification of a guest room or a bathroom as a commercial lodging area shall be based on whether at any time during a year such rooms are offered by an innkeeper as nightly or weekly lodging to guests for a fee. Classification shall not be based on the number of days that such rooms are actually occupied by paying guests.

(3.2)  Conservation purpose means any of the following purposes as set

forth in section 170 (h) of the federal Internal Revenue Code of 1986, as amended:

(a)  The preservation of land areas for outdoor recreation, the education of

the public, or the protection of a relatively natural habitat for fish, wildlife, plants, or similar ecosystems; or

(b)  The preservation of open space, including farmland and forest land,

where such preservation is for the scenic enjoyment of the public or is pursuant to a clearly delineated federal, state, or local government conservation policy and where such preservation will yield a significant public benefit.

(3.3)  Controlled environment agricultural facility or CEA facility means a

nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computerized management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(3.5)  Farm means a parcel of land which is used to produce agricultural

products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.

(3.7)  Fee simple estate means the largest possible estate allowed by law,

an estate that has potentially infinite duration.

(4)  Fixtures means those articles which, although once movable chattels,

have become an accessory to and a part of real property by having been physically incorporated therein or annexed or affixed thereto. Fixtures includes systems for the heating, air conditioning, ventilation, sanitation, lighting, and plumbing of such building. Fixtures does not include machinery, equipment, or other articles related to a commercial or industrial operation which are affixed to the real property for proper utilization of such articles. In addition, for property tax purposes only, fixtures does not include security devices and systems affixed to any residential improvements, including but not limited to security doors, security bars, and alarm systems.

(4.3)  Forest land means land of which at least ten percent is stocked by

forest trees of any size and includes land that formerly had such tree cover and that will be naturally or artificially regenerated. Forest land includes roadside, streamside, and shelterbelt strips of timber which have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings which are less than one hundred twenty feet wide.

(4.4)  Forest management plan means an agreement which includes a plan

to aid the owner of forest land in increasing the health, vigor, and beauty of such forest land through use of forest management practices and which has been either executed between the owner of forest land and the Colorado state forest service or executed between the owner of forest land and a professional forester and has been reviewed and has received a favorable recommendation from the Colorado state forest service. The Colorado forest service shall annually inspect each parcel of land subject to a forest management plan to determine if the terms and conditions of such plan are being complied with and shall report by March 1 of each year to the assessor in each affected county the legal descriptions of the properties and the names of their owners that are eligible for the agricultural classification. The report shall also contain the legal descriptions of those properties and the names of their owners that no longer qualify for the agricultural classification because of noncompliance with their forest management plans. No property shall be entitled to the agricultural classification unless the legal description and the name of the owner appear on the report submitted by the Colorado state forest service. The Colorado state forest service shall charge a fee for the inspection of each parcel of land in such amount for the reasonable costs incurred by the Colorado state forest service in conducting such inspections. Such fee shall be paid by the owner of such land prior to such inspection. Any fees collected pursuant to this subsection (4.4) shall be subject to annual appropriation by the general assembly.

(4.5)  Forest management practices means practices accepted by

professional foresters which control forest establishment, composition, density, and growth for the purpose of producing forest products and associated amenities following sound business methods and technical forestry principles.

(4.6)  Forest trees means woody plants which have a well-developed stem

or stems, which are usually more than twelve feet in height at maturity, and which have a generally well-defined crown.

(5)  Repealed.


(5.5) (a)  Hotels and motels means improvements and the land associated

with such improvements that are used by a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public and that are predominantly used on an overnight or weekly basis; except that hotels and motels does not include:

(I)  A residential unit, except for a residential unit that is a hotel unit;


(II)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit is held as inventory by a developer primarily for sale to customers in the ordinary course of the developer's trade or business, is marketed for sale by the developer, and either has been held by the developer for less than two years since the certificate of occupancy for the residential unit has been issued or is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the developer; or

(III)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit has been acquired by a lender or an owners' association through foreclosure, a deed in lieu of foreclosure, or a similar transaction, is marketed for sale by the lender or owners' association and is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the lender or owners' association.

(IV)  Repealed.


(b)  If any time share estate, time share use period, undivided interest, or

other partial ownership interest in any hotel unit is owned by any non-hotel unit owner, then, unless a declaration or other express agreement binding on the non-hotel unit owners and the hotel unit owners provides otherwise:

(I)  The hotel unit owners shall pay the taxes on the hotel unit not required to

be paid by the non-hotel unit owners pursuant to subparagraph (II) of this paragraph (b).

(II)  Each non-hotel unit owner shall pay that portion of the taxes on the hotel

unit equal to the non-hotel unit owner's ownership or usage percentage of the hotel unit multiplied by the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit was residential real property.

(III)  For purposes of determining the amount due from any hotel unit owner

or non-hotel unit owner pursuant to subparagraph (II) of this paragraph (b), the assessor shall, upon the request of any hotel unit owner or non-hotel unit owner, calculate the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit were residential real property. A hotel unit owner or non-hotel unit owner may petition the county board of equalization for review of the assessor's calculation pursuant to the procedures set forth in section 39-10-114. Any appeal from the decision of the county board shall be governed by section 39-10-114.5.

(c)  As used in this subsection (5.5):


(I)  Condominium unit means a unit, as defined in section 38-33.3-103 (30),

C.R.S., and also includes a time share unit.

(II)  Hotel unit owners means any person or member of a group of related

persons whose ownership and use of a residential unit cause the residential unit to be classified as a hotel unit.

(III)  Hotel units means more than four residential unit ownership

equivalents in a project that are owned, in whole or in part, directly, or indirectly through one or more intermediate entities, by one person or by a group of related persons if the person or group of related persons uses the residential units or parts thereof in connection with a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public predominantly on an overnight or weekly basis. Hotel unit means any residential unit included in hotel units. For purposes of this subparagraph (III):

(A)  Control means the power to direct the business or affairs of an entity

through direct or indirect ownership of stock, partnership interests, membership interests, or other forms of beneficial interests.

(B)  Related persons means individuals who are members of the same

family, including only spouses and minor children, or persons who control, are controlled by, or are under common control with each other. Persons are not related persons solely because they engage a common agent to manage or rent their residential units, they are members of an owners' association or similar group, they enter into a tenancy in common or a similar agreement with respect to undivided interests in a residential unit, or any combination of the foregoing.

(IV)  Project means one or more improvements that contain residential units

if the boundaries of the residential units are described in or determined by the same declaration, as defined in section 38-33.3-103 (13), C.R.S.

(V)  Residential unit means a condominium unit, a single family residence,

or a townhome.

(VI)  Non-hotel unit owner means any owner of a time share estate, time

share use period, undivided interest, or other partial ownership interest in any hotel unit who is not a hotel unit owner with respect to the hotel unit.

(VII)  Residential unit ownership equivalent means:


(A)  In the case of time share units, time share interests or time share use

periods in one or more time share units that in the aggregate entitle the owner of such time share interests or time share use periods to three hundred sixty-five days of use in any calendar year or three hundred sixty-six days of use in any calendar year that is a leap year; and

(B)  In the case of residential units other than time share units, undivided

interests or other ownership interests in one or more such residential units that total one hundred percent. For purposes of this sub-subparagraph (B), any undivided interest or other ownership interest not stated in terms of a percentage of total ownership shall be converted to a percentage of total ownership based on the rights accorded to the holder of the undivided interest or other ownership interest.

(VIII)  Time share unit means a condominium unit that is divided into time

share estates as defined in section 38-33-110 (5) or that is subject to a time share use as defined in section 12-10-501 (4).

(5.6)  Hotels and motels as defined in subsection (5.5) of this section shall

not include bed and breakfasts.

(6)  Household furnishings means that personal property, other than

fixtures, in residential structures and buildings which is not used for the production of income at any time.

(6.2)  Hydroponics means a system in which water soluble primary or

secondary plant nutrients or micronutrients, or a combination of such nutrients, are placed in intimate contact with a plant's root system that is being grown in water or an inert supportive medium that supplies physical support for the roots.

(6.3)  Improvements means all structures, buildings, fixtures, fences, and

water rights erected upon or affixed to land, whether or not title to such land has been acquired.

(6.8)  Independently owned residential solar electric generation facility

means personal property that:

(a)  Is located on residential real property;


(b)  Is owned by a person other than the owner of the residential real

property;

(c)  Is installed on the customer's side of the meter;


(d)  Is used to produce electricity from solar energy primarily for use in the

residential improvements located on the residential real property; and

(e)  Has a production capacity of no more than one hundred kilowatts.


(7)  (Deleted by amendment, L. 2010, (HB 10-1267), ch. 425, p. 2198, � 1,

effective August 11, 2010.)

(7.1)  Innkeeper means the owner, operator, or manager of a bed and

breakfast.

(7.2)  Inventories of merchandise and materials and supplies which are held

for consumption by a business or are held primarily for sale means those classes of personal property which are held primarily for sale by a business, farm, or ranch, including components of personal property to be held for sale, or which are held for consumption by a business, farm, or ranch, or which are rented for thirty days or less. For the purposes of this subsection (7.2), personal property rented for thirty days or less means personal property rented for thirty days or less which can be returned at the option of the person renting the property, in a transaction on which the sales or use tax is actually collected before being finally sold, whether or not such personal property is subject to depreciation. It is the purpose of the general assembly to exempt personal property rented for thirty days or less from property tax because of the similarity of such property to inventories of merchandise held by retail stores. Further, the general assembly intends this exemption to encompass a transaction under a rental agreement in which the customer pays rent in order to use an item for a brief period of time; it is not intended to encompass an equipment lease contract covering a specific period of time and which includes financial penalties for early cancellation. Except for personal property rented for thirty days or less, the term inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale does not include personal property which is held for rent or lease or is subject to an allowance for depreciation. For property tax years commencing on or after January 1, 1984, the term does include inventory which is owned by and which is in the possession of the manufacturer of such inventory unless:

(a)  Such inventory is in the possession of the manufacturer after having

previously been leased by the manufacturer to a customer; and

(b)  Such manufacturer has not designated such inventory for scrapping,

substantial reconditioning, renovating, or remanufacturing in accordance with its customary practices. For the purposes of this paragraph (b), normal maintenance shall not constitute substantial reconditioning, renovating, or remanufacturing.

(7.5)  Repealed.


(7.7)  Livestock includes all animals.


(7.8)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the residential site of the completed home;

(b)  Is designed and used for residential occupancy in either temporary or

permanent locations;

(c)  Is constructed in compliance with the National Manufactured Housing

Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended;

(d)  Does not have motive power;


(e)  Is not licensed as a vehicle; and


(f)  Is eligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.

(7.9)  Minerals in place means, without exception, metallic and nonmetallic

mineral substances of every kind while in the ground.

(8)  Mobile home means a manufactured home built prior to the adoption of

the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended.

(8.3)  Modular home means any preconstructed factory-built building that:


(a)  Is ineligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.;

(b)  Is not constructed in compliance with the National Manufactured

Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended; and

(c)  Is constructed in compliance with building codes adopted by the division

of housing in the department of local affairs.

(8.4)  Natural cause means fire, explosion, flood, tornado, action of the

elements, act of war or terror, or similar cause beyond the control of and not caused by the party holding title to the property destroyed.

(8.5)  Not for private gain or corporate profit means the ownership and use

of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.

(8.6) (a)  Nursing home means a nursing care facility, regardless of a

resident's length of stay, that is licensed by the department of public health and environment under section 25-1.5-103 (1) and that meets the definition of a nursing care facility as set forth in the department of public health and environment regulations, including a nursing care facility that provides convalescent care or rehabilitation services such as physical and occupational therapy.

(b)  As used in this subsection (8.6), nursing care facility means a licensed

health care entity that is planned, organized, operated, and maintained to provide supportive, restorative, and preventative services to persons who, due to physical or mental disability, require continuous or regular inpatient nursing care.

(8.7)  Perpetual conservation easement means a conservation easement in

gross, as described in article 30.5 of title 38, C.R.S., that qualifies as a perpetual conservation restriction pursuant to section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any regulations issued thereunder.

(9)  Person means natural persons, corporations, partnerships, limited

liability companies, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.

(10)  Personal effects means such personal property as is or may be worn or

carried on or about the person, and such personal property as is usually associated with the person or customarily used in personal hobby, sporting, or recreational activities and which is not used for the production of income at any time.

(11)  Personal property means everything that is the subject of ownership

and that is not included within the term real property. Personal property includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (6.3) of this section.

(12)  Political subdivision means any entity of government authorized by law

to impose ad valorem taxes on taxable property located within its territorial limits.

(12.1)  Repealed.


(12.3) and (12.4)  Repealed.


(12.5)  Professional forester means any person who has received a

bachelor's or higher degree from an accredited school of forestry.

(13)  Property means both real and personal property.


(13.2)  Qualified organization means a qualified organization as defined in

section 170 (h)(3) of the federal Internal Revenue Code of 1986, as amended.

(13.5)  Ranch means a parcel of land which is used for grazing livestock for

the primary purpose of obtaining a monetary profit. For the purposes of this subsection (13.5), livestock means domestic animals which are used for food for human or animal consumption, breeding, draft, or profit.

(14)  Real property means:


(a)  All lands or interests in lands to which title or the right of title has been

acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state;

(b)  All mines, quarries, and minerals in and under the land, and all rights and

privileges thereunto appertaining; and

(c)  Improvements.


(14.3)  Residential improvements means a building, or that portion of a

building, designed for use predominantly as a place of residency by a person, a family, or families. The term includes buildings, structures, fixtures, fences, amenities, and water rights that are an integral part of the residential use. The term also includes a manufactured home, a mobile home, a modular home, a tiny home, and a nursing home as defined in subsection (8.6) of this section, regardless of a resident's length of stay.

(14.4) (a) (I)  Residential land means a parcel of land upon which residential

improvements are located. The term also includes:

(A)  Land upon which residential improvements were destroyed by natural

cause after the date of the last assessment as established in section 39-1-104 (10.2);

(B)  Two acres or less of land on which a residential improvement is located

where the improvement is not integral to an agricultural operation conducted on such land; and

(C)  A parcel of land without a residential improvement located thereon, if the

parcel is contiguous to a parcel of residential land that has identical ownership based on the record title and contains a related improvement that is essential to the use of the residential improvement located on the identically owned contiguous residential land.

(II)  Residential land does not include any portion of the land that is used for

any purpose that would cause the land to be otherwise classified, except as provided for in section 39-1-103 (10.5).

(III)  As used in this subsection (14.4):


(A)  Contiguous means that the parcels physically touch; except that

contiguity is not interrupted by an intervening local street, alley, or common element in a common-interest community.

(B)  Related improvement means a driveway, parking space, or

improvement other than a building, or that portion of a building designed for use predominantly as a place of residency by a person, a family, or families.

(b) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subparagraph (II) of this paragraph (b), when residential improvements are destroyed, demolished, or relocated as a result of a natural cause on or after January 1, 2010, that, were it not for their destruction, demolition, or relocation due to such natural cause, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and the two subsequent property tax years. The residential land classification may remain in place for additional subsequent property tax years, not to exceed a total of five subsequent property tax years, if the assessor determines there is evidence the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but shall not be limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, efforts by the owner to obtain financing for a residential improvement, or ongoing efforts to settle an insurance claim related to the destruction, demolition, or relocation of the residential improvement due to a natural cause.

(II)  The residential land classification of the land described in subparagraph

(I) of this paragraph (b) shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subparagraph (I) of this paragraph (b), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to construct or place a new or part of a new residential improvement on the land but that additional time is necessary;

(B)  The assessor determines that the classification at the time of

destruction, demolition, or relocation as a result of a natural cause was erroneous; or

(C)  A change of use has occurred. For purposes of this sub-subparagraph (C),

a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation as a result of a natural cause of the residential improvement.

(c) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subsection (14.4)(c)(II) of this section, when residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and one subsequent property tax year if the assessor determines there is evidence that the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but is not limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, or efforts by the owner to obtain financing for a residential improvement.

(II)  The residential land classification of the land described in subsection

(14.4)(c)(I) of this section shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subsection (14.4)(c)(I) of this section;

(B)  The assessor determines that the classification of the land at the time of

the destruction, demolition, or relocation was erroneous; or

(C)  A change of use has occurred. For purposes of this subsection

(14.4)(c)(II)(C), a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation of the residential improvement.

(14.5)  Residential real property means residential land and residential

improvements but does not include hotels and motels as defined in subsection (5.5) of this section.

(15)  Repealed.


(15.5) (a)  School means:


(I)  An educational institution having a curriculum comparable to that of a

publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance; or

(II)  An institution that is licensed as a child care center pursuant to part 3 of

article 5 of title 26.5 that is:

(A)  Operated by and as an integral part of a not-for-profit educational

institution that meets the requirements of subparagraph (I) of this paragraph (a); or

(B)  A not-for-profit institution that offers an educational program for not

more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.

(b)  School includes any educational institution that meets the

requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109 (1)(n)(I), C.R.S.

(16)  Taxable property means all property, real and personal, not expressly

exempted from taxation by law.

(16.3)  Tiny home means a tiny home, as defined in section 24-32-3302 (35),

that is certified by the division of housing in the department of local affairs to be designed for long-term residency and that is not registered in accordance with article 3 of title 42.

(17)  Treasurer means the elected treasurer of a county or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code, and in the case of any home rule county, the treasurer or such equivalent officer as provided by its charter.

(18)  Works of art means those items of personal property that are original

creations of visual art, including, but not limited to:

(a)  Sculpture, in any material or combination of materials, whether in the

round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;

(b)  Paintings or drawings;


(c)  Mosaics;


(d)  Photographs;


(e)  Crafts made from clay, fiber and textiles, wood, metal, plastics, or any

other material, or any combination thereof;

(f)  Calligraphy;


(g)  Mixed media composed of any combination of forms or media; or


(h)  Unique architectural embellishments.


Source: L. 64: R&RE, p. 674, � 1. C.R.S. 1963: � 137-1-1. L. 65: p. 1095, � 1. L.

67: p. 945, � 1. L. 70: p. 379, � 8. L. 73: p. 237, � 17. L. 75: (8) repealed, p. 1473, � 30, effective July 18. L. 77: (7.5), (12.3), and (12.4) added, p. 1728, �1, effective June 20; (8) RC&RE, p. 1740, � 1, effective January 1, 1978. L. 78: (12.1) added, p. 467, � 1, effective July 1. L. 79: (12.1) amended, p. 1400, � 1, effective March 13; (12.1)(a) amended, p. 1059, � 9, effective June 20; (12.1) repealed, p. 1456, � 4, effective July 1, 1981. L. 80: (18) added, p. 711, � 1, effective April 16. L. 81: (12.1)(d) R&RE, p. 1872, � 4, effective June 29; (12.1)(a)(II) amended, � 5, effective July 1. L. 83: (15) repealed, p. 1485, � 11, effective April 22; (1.1), (1.3), (1.6), (3.5), (5.5), (7.2), (7.8), (13.5), and (14.3) to (14.5) added, (5) repealed, and (12.3)(b) amended, pp. 1486, 1488, �� 1, 6, 4, effective June 1. L. 84: (7.2) amended, p. 983, � 1, effective May 8. L. 85: IP(7.2) amended and (7.9) added, pp. 1215, 1210, �� 1, 2, effective May 9. L. 87: (1.3) amended, p. 1382, � 1, effective May 8; (7.5), (12.3), and (12.4) repealed, p. 1304, � 1, effective May 20. L. 88: (4) and (11) amended and (12.1) repealed, pp. 1269, 1275, �� 4, 14, effective May 29. L. 89: (15.5) added, p. 1482, � 3, effective April 23. L. 90: (1.6)(a) amended, (4.3) to (4.6) and (12.5) added, p. 1706, � 1, effective April 16; (9) amended, p. 450, � 26, effective April 18; (1.6)(a) and (13.5) amended and (8.5) added, pp. 1695, 1703, 1701, �� 16, 37, 33, effective June 9. L. 91: IP(7.2) amended, p. 1980, � 1, effective April 20; (8) amended, p. 1394, � 2, effective April 27. L. 92: (4) amended, p. 2216, � 3, effective June 2. L. 94: (8) and (14.3) amended, p. 2568, � 86, effective January 1, 1995. L. 95: IP(1.6)(a) amended and (1.6)(a)(III), (3.2), (8.7), and (13.2) added, pp. 173, 174, �� 1, 2, effective April 7. L. 97: (1.1) and (1.6) amended, p. 509, � 1, effective April 24. L. 98: (11) amended, p. 1276, � 1, effective June 1. L. 99: (15.5) amended, p. 1299, � 1, effective June 3. L. 2000: (15.5)(a)(II) amended, p. 1499, � 1, effective August 2. L. 2001: (2) and (17) amended, p. 268, � 14, effective November 15. L. 2002: (5.5) amended, p. 1939, � 1, effective August 7; (2.5), (3.1), (5.6), and (7.1) added, (5.5)(a)(IV) repealed, and (14.4) amended, pp. 1671, 1673, �� 1, 3, effective January 1, 2003. L. 2004: (1.6)(a)(I) amended, p. 1208, � 86, effective August 4. L. 2008: (14.3) amended, p. 1914, � 129, effective August 5. L. 2009: (7.7) and (8.3) added and (7.8), (8), and (14.3) amended, (SB-040), ch. 9, p. 70, � 12, effective July 1; (8.5) amended, (SB 09-042), ch. 176, p. 779, � 1, effective August 5. L. 2010: (1.1) amended, (SB 10-177), ch. 392, p. 1861, � 1, effective August 11; (1.6)(a)(III) amended, (HB 10-1197), ch. 175, p. 634, � 1, effective August 11; (6.3) and (6.8) added and (7) and (11) amended, (HB10-1267), ch. 425, p. 2198, � 1, effective August 11. L. 2011: (8.4) added and (14.4) amended, (HB 11-1042), ch. 138, p. 479, � 1, effective May 4; (1.6)(d) added, (HB 11-1043), ch. 266, p. 1213, � 23, effective July 1; (1.6)(a)(I) and (14.4) amended, (HB 11-1146), ch. 166, p. 571, � 1, effective January 1, 2012. L. 2013: (14.4)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 116, effective August 7. L. 2014: (8.5) amended, (HB 14-1349), ch. 230, p. 854, � 4, effective May 17; (1.6)(b) amended, (SB 14-043), ch. 53, p. 248, � 1, effective August 6. L. 2016: (14.4)(b)(II)(A) amended, (SB 16-012), ch. 66, p. 169, � 1, effective April 5. L. 2017: IP, (1.1), and (1.3) amended, (SB 17-302), ch. 311, p. 1675, � 1, effective June 2. L. 2018: (14.4)(c) added, (HB 18-1283), ch. 270, p. 1665, � 1, effective August 8. L. 2019: (5.5)(c)(VIII) amended, (HB 19-1172), ch. 136, p. 1727, � 249, effective October 1. L. 2020: (17) amended, (HB 20-1077), ch. 80, p. 324, � 5, effective September 14. L. 2021: (3.7) added, (HB 21-1312), ch. 299, p. 1791, � 3, effective July 1; (14.4)(a) amended, (HB 21-1061), ch. 63, p. 252, � 1, effective September 7. L. 2022: IP(15.5)(a)(II) amended, (HB 22-1295), ch. 123, p. 865, � 124, effective July 1; (1.1), IP(1.3), and (1.3)(b) amended and (3.3) and (6.2) added, (HB 22-1301), ch. 198, p. 1321, � 1, effective August 10; (8.6) added and (14.3) amended, (HB 22-1296), ch. 310, p. 2226, � 1, effective August 10; (14.3) amended and (16.3) added, (HB 22-1242), ch. 172, p. 1139, � 34, effective August 10. L. 2024, 2nd Ex. Sess.: (1.3)(b)(II) and (1.3)(b)(III) amended and (1.3)(b)(IV) added, (HB 24B-1003), ch. 2, p. 24, � 1, effective November 28.

Editor's note: (1)  Amendments to subsection (1.6)(a) by House Bill 90-1229

harmonized with House Bill 90-1018.

(2)  Amendments to subsection (14.4) by House Bill 11-1042 and House Bill 11-1146 were harmonized, effective January 1, 2012.


(3)  Amendments to this section by HB 22-1242 and HB 22-1296 were

harmonized.

Cross references: (1)  For the creation of the property tax administrator, see �

39-2-101.

(2)  For the legislative declaration in HB 21-1312, see section 1 of chapter 299,

Session Laws of Colorado 2021.

C.R.S. § 39-22-514

39-22-514. Tax credit for qualified costs incurred in preservation of historic properties. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), for income tax years commencing on or after January 1, 1991, but prior to January 1, 2020, there shall be allowed a credit with respect to the income taxes imposed pursuant to the provisions of this article to each taxpayer:

(I)  Who is the owner or qualified tenant of qualified property and who incurs

qualified costs in an amount equaling or exceeding five thousand dollars in the qualified rehabilitation of such qualified property; or

(II)  Who is allowed a credit for costs incurred in the rehabilitation of property

located in Colorado pursuant to the provisions of section 38 of the internal revenue code.

(b)  Any taxpayer who is allowed a credit for qualified expenditures incurred

in the rehabilitation of property pursuant to the provisions of section 39-30-105.6 shall not be allowed the credit provided in paragraph (a) of this subsection (1).

(2) (a)  The credit provided for in paragraph (a) of subsection (1) of this section

shall not exceed an aggregate of fifty thousand dollars per qualified property or an amount equal to twenty percent of the aggregate qualified costs incurred per qualified property, whichever is less.

(b)  (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)


(3) (a)  Except as otherwise provided in paragraph (b) of this subsection (3)

and subsection (6) of this section, in order for any taxpayer to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, the taxpayer shall:

(I)  Except as otherwise provided in this subparagraph (I), submit a fee of two

hundred fifty dollars, the plans and specifications for such proposed restoration, rehabilitation, or preservation, and a signed agreement, if any, specified in subsection (4) of this section to the appropriate reviewing entity and receive preliminary approval, in writing, from said reviewing entity stating that such proposed restoration, rehabilitation, or preservation constitutes qualified rehabilitation. In the discretion of the reviewing entity, the fee imposed pursuant to this subparagraph (I) may be reduced or eliminated when the amount of qualified costs expected to be incurred in connection with the restoration, rehabilitation, or preservation is less than fifteen thousand dollars. If any restoration, rehabilitation, or preservation has commenced prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), the taxpayer shall also submit documentation satisfactory to the reviewing entity indicating the condition of the qualified property prior to commencement of the rehabilitation, including, but not limited to, photographs of the property and written declarations from persons knowledgeable about the property. For the purposes of this subparagraph (I), any owners of qualified property and any qualified tenants leasing said qualified property who wish to qualify for the credit provided for in paragraph (a) of subsection (1) of this section for said qualified property may jointly submit the fee and the plans and specifications, or such owners may submit the fee, the plans and specifications, and a list of qualified tenants leasing said qualified property and, if such owners or tenants have commenced restoration, rehabilitation, or preservation prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), they shall also jointly submit such documentation as is required pursuant to this subparagraph (I).

(II)  Except as otherwise provided in subsection (5) of this section, complete

the qualified rehabilitation of the qualified property within a period of twenty-four months from the date upon which preliminary approval was given pursuant to the provisions of subparagraph (I) of this paragraph (a);

(III)  Obtain a form from the reviewing entity verifying compliance with the

provisions of this subsection (3). If more than one of the taxpayers have complied with the provisions of this subsection (3) for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to the provisions of subsection (4) of this section. The reviewing entity shall issue said verification form only upon the submittal of an accounting of total qualified costs incurred in said qualified rehabilitation and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that such completed qualified rehabilitation:

(A)  Conforms to the plans and specifications approved pursuant to

subparagraph (I) of this paragraph (a);

(B)  Was completed within the appropriate period of time; and


(C)  Preserves and maintains those qualities of such qualified property which

made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.

(IV)  Submit the verification form obtained pursuant to the provisions of

subparagraph (III) of this paragraph (a) with the income tax return being filed by the taxpayer for the income tax year in which such qualified rehabilitation is completed.

(b)  The provisions of paragraph (a) of this subsection (3) shall not apply to

any taxpayer who is allowed a credit for costs incurred in the rehabilitation of property located in Colorado pursuant to the provisions of section 38 of the internal revenue code.

(4)  When more than one taxpayer qualify for the tax credit provided for in

paragraph (a) of subsection (1) of this section for the same qualified property, the amount of the tax credit allowed pursuant to the provisions of this section shall be divided pro rata according to the number of such taxpayers unless a binding agreement has been filed with the reviewing entity, as specified in subparagraph (I) of paragraph (a) of subsection (3) of this section, that is signed by all of the taxpayers who qualify for said tax credit for the same qualified property and that specifies the manner in which the amount of the tax credit allowed is to be divided among such taxpayers. Nothing in this subsection (4) shall preclude the state income tax credit created pursuant to this section from being allocated among taxpayers in a different manner than the allocation of any credit claimed pursuant to section 38 of the internal revenue code.

(5)  The reviewing entity may grant, upon request, a one-time extension of

the completion deadline specified in subparagraph (II) of paragraph (a) of subsection (3) of this section. Such extension shall be for a period not to exceed twenty-four months and shall be granted only upon a showing of good cause.

(6) (a) (I)  Any taxpayer who was given preliminary approval prior to January 1,

2020, pursuant to the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section; whose completion deadline as set forth in subparagraph (II) of paragraph (a) of subsection (3) and in subsection (5) of this section is subsequent to December 31, 2019; and who has not completed the qualified rehabilitation prior to January 1, 2020, shall, in order to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, obtain a form from the reviewing entity verifying compliance with the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section and this subsection (6). If more than one of the taxpayers have complied with said provisions for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to subsection (4) of this section.

(II)  The reviewing entity shall issue said verification form only upon the

submittal of an accounting of total qualified costs incurred in said qualified rehabilitation prior to January 1, 2020, and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that the portion of such qualified rehabilitation that was completed as of January 1, 2020:

(A)  Conforms to the plans and specifications approved pursuant to

subparagraph (I) of paragraph (a) of subsection (3) of this section; and

(B)  Preserves and maintains those qualities of such qualified property which

made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.

(III)  The taxpayer shall submit the verification form obtained pursuant to this

paragraph (a) with the income tax return being filed by the taxpayer for the income tax year commencing on or after January 1, 2019, but prior to January 1, 2020.

(b)  (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)


(7) (a)  Except as otherwise provided in paragraph (b) of this subsection (7), if

the amount of the credit allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding ten years and shall be applied first to the earliest income tax years possible. Any amount of the credit that is not used after said period shall not be refundable to the taxpayer.

(b)  Any taxpayer who has refunded an amount pursuant to the provisions of

subsection (8) of this section shall no longer be eligible to carry forward any amount of the credit which had not been used as of the date such refund is made.

(8)  Notwithstanding any other law to the contrary, if any taxpayer who is the

owner of qualified property and who has claimed the credit pursuant to the provisions of this section sells such qualified property within five years of the completion of the qualified rehabilitation or if any taxpayer who is a qualified tenant leasing qualified property and who has claimed the credit pursuant to the provisions of this section terminates the lease of such qualified property within five years of the completion of the qualified rehabilitation, the taxpayer shall refund the amount of the credit which has been used to offset income taxes which exceeds the following amounts:

(a)  Within the first year, an amount equal to zero percent of the amount of

the credit allowed;

(b)  Within the second year, an amount equal to twenty percent of the amount

of the credit allowed;

(c)  Within the third year, an amount equal to forty percent of the amount of

the credit allowed;

(d)  Within the fourth year, an amount equal to sixty percent of the amount of

the credit allowed;

(e)  Within the fifth year, an amount equal to eighty percent of the amount of

the credit allowed.

(9)  Within eight months after April 20, 1990, the state historical society shall

create appropriate forms and shall establish and promulgate criteria and procedures by which the restoration, rehabilitation, and preservation of qualified properties shall be determined to be qualified rehabilitation for the purposes of the credit provided for in paragraph (a) of subsection (1) of this section.

(10) (a)  Each certified local government shall adopt a resolution stating

whether such certified local government will act as a reviewing entity for the purposes of subsections (3) and (6) of this section. A copy of such resolution shall be sent to the state historic preservation officer.

(b)  Any certified local government which has decided to act as a reviewing

entity for any given year for the purposes of subsections (3) and (6) of this section shall be required to perform all duties and responsibilities pursuant to said subsections (3) and (6) for all qualified rehabilitations which received preliminary approval from said reviewing entity during such year.

(11) (a)  The amount of the fee required to be paid pursuant to the provisions

of subparagraph (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section shall be an amount equal to the appropriate amount determined pursuant to the following schedule minus the amount of the fee paid pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section; except that, in the discretion of the reviewing entity, the fee imposed pursuant to this paragraph (a) may be reduced or eliminated where the amount of the qualified costs incurred is less than fifteen thousand dollars:

Amount of qualified costs incurredAmount of fee


$5,000 up to and including $15,000$    250


Over $15,000 up to and including $50,000$    500


Over $50,000 up to and including $100,000$    750


Over $100,000$ 1,000


(b) (I)  Any certified local government which has decided to act as a reviewing

entity for the purposes of subsections (3) and (6) of this section shall create a preservation fund. All fees collected pursuant to the provisions of subparagraphs (I) and (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by a certified local government shall be credited to the preservation fund of such certified local government. The moneys in such fund shall be used for expenditures of such certified government incurred in the performance of its duties pursuant to the provisions of this section.

(II)  All fees collected pursuant to the provisions of subparagraphs (I) and (III)

of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by the state historic preservation officer shall be transmitted to the state treasurer, who shall credit said fees to the state historic preservation fund, which fund is hereby created. The moneys in the state historic preservation fund shall be subject to annual appropriation by the general assembly to the state historical society for expenditures of the state historic preservation officer and the state historical society incurred in the performance of their duties pursuant to the provisions of this section and for expenditures incurred in the administration and general operations of the state historical society.

(11.5)  Notwithstanding the amount specified for any fee in this section, the

executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(11.7) (a)  If the revenue estimate prepared by the staff of the legislative

council in December 2010 and each December thereafter indicates that the amount of the total general fund revenues for that particular fiscal year will not be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year, then the credit authorized in this section shall not be allowed for any income tax year commencing during the calendar year following the year in which the estimate is prepared; except that any taxpayer who would have been eligible to claim a credit pursuant to this section in the income tax year in which the credit is not allowed shall be allowed to claim the credit earned in such income tax year in the next income tax year in which the estimate indicates that the amount of the total general fund revenues will be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year.

(b)  The department of revenue shall, through its website, specify on or

before January 1, 2011, and on or before each January 1 thereafter, whether the credit authorized in this section shall be allowed for a given income tax year pursuant to paragraph (a) of this subsection (11.7).

(12)  As used in this section, unless the context otherwise requires:


(a)  Certified local government means any local government certified by the

state historic preservation officer pursuant to the provisions of 54 U.S.C. sec. 302502, as amended.

(b)  Contributing property means property which by location, design,

setting, materials, workmanship, feeling, and association adds to the sense of time, place, and historical development of a historic district.

(c)  Designated means established by local preservation ordinance.


(d)  Property means a building or structure or a unit of a multiunit building

where such units are individually owned.

(e)  Qualified costs means costs associated with the qualified rehabilitation

of a qualified property. Qualified costs includes, but is not limited to, costs associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors and windows, fire sprinkler systems, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified costs does not include costs, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified costs also does not include, but shall not be limited, costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; routine or periodic maintenance; repairs to outbuildings which are associated with a qualified property and which are less than fifty years old; and repairs to additions made to a qualified property after such property was included individually or as a contributing property in a district in the state register of historic places or was designated as a landmark or as a contributing property in a historic district by a certified local government.

(f)  Qualified property means property located in Colorado which is:


(I)  At least fifty years old; and


(II) (A)  Listed individually or as a contributing property in a district on the

state register of historic properties pursuant to the provisions of article 80.1 of title 24, C.R.S.;

(B)  Designated as a landmark by a certified local government; or


(C)  Listed as a contributing property within a designated historic district of a

certified local government.

(g)  Qualified rehabilitation means any exterior improvements, structural

improvements, mechanical improvements, plumbing improvements, or electrical improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property which meets the standards of rehabilitation of the United States secretary of the interior as adopted by the state historic preservation officer and certified local governments pursuant to federal law; but shall not include any improvements undertaken due to normal wear and tear which occurred to a qualified property. As used in this paragraph (g), exterior improvements includes, but is not limited to, improvements made to the exterior of the qualified property and to the exterior of any historic outbuildings which are associated with the qualified property and which are fifty or more years old. Exterior improvements does not include enlargements, additions, landscaping, routine or periodic maintenance, paving, and site work.

(h)  Qualified tenant means a taxpayer who holds a lease of five years or

longer on qualified property or a portion of such qualified property.

(i)  Reviewing entity means:


(I)  A certified local government which has decided pursuant to the provisions

of paragraph (a) of subsection (10) of this section to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section; or

(II)  The state historic preservation officer when such qualified property either

is not located within the jurisdiction of any certified local government or is located within the jurisdiction of any certified local government who has decided pursuant to the provisions of paragraph (a) of subsection (10) of this section not to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section.

(j)  State historic preservation officer means the person designated and

appointed pursuant to the provisions of 54 U.S.C. sec. 302301, as amended.

(k)  Taxpayer means:


(I)  A resident individual; or


(II)  A domestic or foreign corporation subject to the provisions of part 3 of

this article.

Source: L. 90: Entire section added, p. 1730, � 1, effective April 20. L. 94: (1)(a)

and (6)(a) amended, p. 1369, � 1, effective May 25. L. 98: (11.5) added, p. 1347, � 82, effective June 1. L. 99: IP(1)(a), (2), IP(3)(a), (3)(a)(I), (4), (6), (7)(a), (10)(a), and (11)(a) amended, p. 1278, � 1, effective June 3. L. 2008: IP(1)(a), (6)(a)(I), IP(6)(a)(II), (6)(a)(III), and (10)(a) amended and (11.7) added, p. 2266, � 1, effective August 5. L. 2009: (11.7)(a) amended, (SB 09-228), ch. 410, p. 2265, � 19, effective July 1; (6)(a)(I) amended, (SB 09-292), ch. 369, p. 1980, � 114, effective August 5. L. 2024: (12)(a) and (12)(j) amended, (HB 24-1450), ch. 490, p. 3425, � 78, effective August 7.

Cross references: For additional funding by the general assembly to the

state historical society, see � 24-80-202.5.

C.R.S. § 39-22-514.5

39-22-514.5. Tax credit for qualified costs incurred in preservation of historic structures - commercial historic preservation tax credit program cash fund - tax preference performance statement - legislative declaration - short title - definitions. (1) Short title. The short title of this section is the Colorado Job Creation and Main Street Revitalization Act.

(2)  Definitions. As used in this section, unless the context otherwise

requires:

(a) (I)  Certified historic structure means a property located in Colorado that

has been certified by the historical society or other reviewing entity because it has been:

(A)  Listed individually on, or as a contributing property in a district included

within, the national register of historic places;

(B)  Listed individually on, or as a contributing property in a district that is

included within, the state register of historic properties pursuant to the provisions of article 80.1 of title 24; or

(C)  Listed individually by, or as a contributing property within a designated

historic district of, a certified local government.

(II)  Certified historic structure may be either a residential or commercial

structure.

(b)  Certified local government means any local government that has been

certified by the historical society in accordance with federal law.

(c)  Certified rehabilitation means repairs or alterations to a certified

historic structure that have been certified by the historical society or other reviewing entity as meeting the standards for rehabilitation of the United States secretary of the interior.

(d)  Contributing property means property that adds to the sense of time,

place, and historical development of a historic district as determined by the historical society or other reviewing entity.

(d.3)  Denver metropolitan area means all of the land area within the

boundaries of the counties of Adams, Arapahoe, Boulder, and Jefferson, all of the area within the boundaries of the city and county of Broomfield and the city and county of Denver, and all of the area within the boundaries of the county of Douglas; except that the area within the boundaries of the town of Castle Rock and the area within the boundaries of the town of Larkspur in the county of Douglas shall not be included in such area.

(e)  Department means the Colorado department of revenue or any

successor entity.

(f)  Designated means established by local preservation ordinance.


(g)  Historical society means the state historical society of Colorado, also

known as history Colorado, or any successor entity.

(g.5)  Municipality has the same meaning as specified in section 31-1-101 (6)

and also includes any unincorporated area of a county, including without limitation an unincorporated community or a census-designated place.

(h)  Office means the Colorado office of economic development or any

successor entity.

(i)  Owner means any taxpayer filing a state tax return or any entity that is

exempt from federal income taxation pursuant to section 501 (c) of the internal revenue code, as amended, that owns:

(I)  Title to a qualified structure;


(II)  Prospective title to a qualified structure in the form of a purchase

agreement or an option to purchase;

(III)  A leasehold interest in a qualified commercial structure for a term of not

less than thirty-nine years;

(III.5)  A leasehold interest in a qualified commercial structure that is located

in a rural community for a term of not less than five years; or

(IV)  A leasehold interest in a qualified residential structure for a term of not

less than five years.

(j)  Qualified commercial structure means an income producing or

commercial property located in Colorado that is:

(I)  At least thirty years old; and


(II) (A)  Listed individually on, or as a contributing property in a district

included within, the state register of historic properties pursuant to article 80.1 of title 24; or

(B)  (Deleted by amendment, L. 2018.)


(C)  Listed individually by, or as a contributing property that is included within

a designated historic district of, a certified local government.

(k)  Qualified rehabilitation expenditures means:


(I)  With respect to a qualified commercial structure, any expenditure as

defined under section 47 (c)(2)(A) of the internal revenue code, as amended, and the related regulations thereunder; and

(II)  With respect to a qualified residential structure, exterior improvements

and interior improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property that meet the standards for rehabilitation of the United States secretary of the interior as adopted by the historical society or the certified local government pursuant to federal law. As used in this subsection (2)(k)(II), exterior improvements is limited to any one or more of the following: Roof replacement or repair; exterior siding replacement or repair; masonry repair, re-pointing, or replacement; window repair or replacement; door repair or replacement; woodwork and trim repair or replacement; foundation repair or replacement; and excavation costs associated with foundation work. As used in this subsection (2)(k)(II), interior improvements is limited to one or more of the following: Electrical repairs and upgrades; plumbing repairs and upgrades; heating, venting, and air conditioning repairs and upgrades; repair of existing interior walls, ceilings, and finishes; repair or replacement of existing woodwork and trim; insulation; refinishing or replacing historic floor materials in-kind, excluding carpeting; and reconstructing missing historic elements when there is sufficient historical documentation to guide the reconstruction.

(l)  Qualified residential structure means a nonincome producing and

owner-occupied residential property located in Colorado that is:

(I)  At least thirty years old; and


(II) (A)  Listed individually on, or as a contributing property in a district

included within, the state register of historic properties pursuant to article 80.1 of title 24; or

(B)  (Deleted by amendment, L. 2018.)


(C)  Listed individually by, or as a contributing property that is included within

a designated historic district of, a certified local government.

(m)  Qualified structure means a structure that satisfies the definition of

either a qualified residential structure or a qualified commercial structure.

(n)  Rehabilitation plan or plan means construction plans and

specifications for the proposed rehabilitation of a qualified structure that are in sufficient detail to enable the office or the reviewing entity, as applicable, to evaluate whether the structure is in compliance with the standards developed under subsection (4) of this section.

(o)  Reviewing entity means:


(I)  A certified local government that has decided pursuant to subsection

(5.5)(c) of this section to perform the duties specified under this section; or

(II)  The historical society if the qualified residential structure either is not

located within the territorial boundaries of any certified local government or is located within the territorial boundaries of a certified local government that has decided pursuant to subsection (5.5)(c) of this section not to perform the duties specified under this section.

(o.5)  Rural community means:


(I)  A municipality with a population of less than fifty thousand people that is

not located within the Denver metropolitan area; or

(II)  An unincorporated area of any county the total population of which

county is less than fifty thousand people that is not located within the Denver metropolitan area.

(p)  Substantial rehabilitation means:


(I)  With respect to a qualified commercial structure:


(A)  For tax years commencing prior to January 1, 2020, rehabilitation for

which the qualified rehabilitation expenditures exceed twenty-five percent of the owner's original purchase price of the qualified commercial structure less the value attributed to the land; and

(B)  For tax years commencing on or after January 1, 2020, rehabilitation for

which the qualified rehabilitation expenditures are in an aggregate amount of at least twenty thousand dollars; and

(II)  With respect to a qualified residential structure, rehabilitation for which

the qualified rehabilitation expenditures exceed five thousand dollars.

(3)  General provisions. For income tax years commencing on or after

January 1, 2016, but prior to January 1, 2037, there shall be allowed a credit with respect to the income taxes imposed pursuant to this article 22 to each owner of a qualified structure that complies with the requirements of this section.

(4)  Development of standards for approval of commercial or residential

rehabilitation projects. (a) The office, in consultation with the historical society, shall develop standards for the approval of the substantial rehabilitation of qualified commercial structures for which a tax credit under this section is being claimed. The standards must consider whether the substantial rehabilitation of a qualified commercial structure is consistent with the standards for rehabilitation adopted by the United States department of the interior.

(b)  The historical society shall develop standards for the approval of the

substantial rehabilitation of qualified residential structures for which a tax credit under this section is being claimed. The standards must consider whether the substantial rehabilitation of a qualified residential structure is consistent with the standards for rehabilitation adopted by the United States department of the interior.

(5)  Submission by owner of application and rehabilitation plan. (a)  The

owner shall submit an application and rehabilitation plan to either the office for a qualified commercial structure or to the reviewing entity for a qualified residential structure, along with an estimate of the qualified rehabilitation expenditures under the rehabilitation plan. If an application and rehabilitation plan is for a qualified commercial structure, the owner shall specify whether the owner is seeking to reserve a credit allowed pursuant to subsection (12)(a) of this section or a credit allowed pursuant to subsection (12)(a.5) of this section, and an owner may only apply for one of these two credits for a single qualified rehabilitation plan as described in subsection (7) of this section. An owner, at the owner's own risk, may incur qualified rehabilitation expenditures no earlier than twenty-four months prior to the submission of the application and rehabilitation plan that an owner submits prior to January 1, 2026, and no earlier than twelve months prior to the submission of the application and rehabilitation plan that an owner submits on or after January 1, 2026, but only if satisfactory documentation is submitted to the office or the reviewing entity, as applicable, indicating the condition of the qualified structure prior to commencement of the rehabilitation, including but not limited to photographs of the qualified structure and written declarations from persons knowledgeable about the qualified structure. An owner may submit an application and rehabilitation plan and may commence rehabilitation before the property:

(I)  Is listed individually on, or as a contributing property in a district included

within, the national register of historic places;

(II)  Is listed individually on, or as a contributing property in a district included

within, the state register of historic properties pursuant to article 80.1 of title 24; or

(III)  (Deleted by amendment, L. 2018.)


(IV)  Is listed individually by, or as a contributing property within a designated

historic district of, a certified local government.

(b)  Notwithstanding the provisions of subsection (5)(a) of this section, an

owner may incur qualified rehabilitation expenditures at the owner's own risk.

(b.5)  On or after January 1, 2025, an owner shall not submit an application

and rehabilitation plan for an already completed rehabilitation project.

(c)  Within ninety days after receipt of the application and rehabilitation plan,

the office and the historical society, in the case of a qualified commercial structure, and the reviewing entity, in the case of a qualified residential structure, shall notify the owner in writing if the rehabilitation plan is preliminarily determined to be a certified rehabilitation.

(5.5)  Issuance of tax credit certificate for qualified residential structures -

rules. (a) (I) Following the completion of a rehabilitation of a qualified residential structure, the owner shall notify the reviewing entity that the rehabilitation has been completed and shall certify that the qualified rehabilitation expenditures incurred in connection with the rehabilitation plan. The owner shall also provide the reviewing entity with a cost and expense certification for the total qualified rehabilitation expenditures and the total amount of tax credits for which the owner is eligible. The reviewing entity shall review the documentation of the rehabilitation and verify its compliance with the rehabilitation plan. Except as otherwise provided in subsections (5.5)(a)(II) and (5.5)(a)(III) of this section, within ninety days after receipt of the foregoing documentation from the owner the reviewing entity shall issue a tax credit certificate in an amount equal to twenty percent of the actual qualified rehabilitation expenditures; except that the amount of the tax credit certificate awarded for tax years commencing before January 1, 2025, shall not exceed fifty thousand dollars for each qualified residential structure, the amount of the tax credit certificate awarded for tax years commencing on or after January 1, 2025, shall not exceed one hundred thousand dollars for each qualified residential structure, and both the fifty thousand dollar and one hundred thousand dollar amounts are to be calculated over a ten-year rolling period that commences with each change in ownership of the qualified residential structure.

(II)  For income tax years commencing prior to January 1, 2030, and for

applications submitted pursuant to subsection (5) of this section prior to January 1, 2025, with respect to a qualified residential structure located in an area that the president of the United States has determined to be a major disaster area under section 102 (2) of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. sec. 5121 et seq., or that is located in an area that the governor has determined to be a disaster area under the Colorado Disaster Emergency Act, part 7 of article 33.5 of title 24, the amount of the tax credit specified in subsection (5.5)(a)(I) of this section is increased to twenty-five percent for an application that is filed within six years after the disaster determination.

(III)  For income tax years commencing on and after January 1, 2020, with

respect to a qualified residential structure located in a rural community, the amount of the tax credit specified in subsection (5.5)(a)(I) of this section is increased to thirty-five percent for an application that is properly filed in accordance with this section.

(b)  Repealed.


(c)  For the purposes of this section, a certified local government may act as a

reviewing entity only for a qualified residential structure. Each certified local government shall adopt a resolution or ordinance stating whether the government will act as a reviewing entity for the purposes of this section. The local government shall send a copy of the resolution or ordinance to the historical society. Any certified local government that decides to act as a reviewing entity for the purposes of this section shall perform all duties and responsibilities in connection with a certified rehabilitation that receives preliminary approval from such entity. The historical society shall promulgate rules on standards and reporting, in accordance with article 4 of title 24, as it deems necessary to facilitate the effective implementation of this subsection (5.5)(c).

(d)  In the case of a qualified residential structure, the reviewing entity may

impose a reasonable application fee.

(e)  The historical society shall promulgate any and all rules necessary to

further implement the tax credits to be claimed for the substantial rehabilitation of qualified residential structures under this section. Any rules must be promulgated in accordance with article 4 of title 24.

(f)  By March 15, 2019, and on a quarterly basis thereafter, the historical

society shall provide a report to the department specifying the ownership of tax credits to be claimed for the rehabilitation of qualified residential structures under this section covering the period since the last report. The historical society shall share with the department all necessary information about the tax credit created by this section to enable the historical society and the department to properly administer the tax credit.

(6)  Application and issuance fees for qualified commercial structures. (a)

For a qualified commercial structure for which the amount of tax credit requested under this section is two hundred fifty thousand dollars or more, the office may impose a reasonable application fee that does not exceed five hundred dollars. For a qualified commercial structure for which the amount of tax credit requested under this section is less than two hundred fifty thousand dollars, the office may impose a reasonable application fee that does not exceed two hundred fifty dollars.

(b)  (Deleted by amendment, L. 2018.)


(c)  The office may impose on the owner a reasonable issuance fee of up to

three percent of the amount of the tax credit issued, which must be paid before the tax credit is issued to the owner. With respect to both an application fee and an issuance fee, the office shall share on an equal basis any such fees collected with the historical society and the department. Money collected from such fees must be credited to the commercial historic preservation tax credit program cash fund created in subsection (17) of this section and applied to the administration of the tax credit created by this section.

(d)  (Deleted by amendment, L. 2018.)


(7)  Reservation of tax credits for qualified rehabilitation plans for qualified

commercial structures. (a) In the case of a qualified commercial structure, a reservation of tax credits is permitted in accordance with the provisions of this subsection (7). The office and the historical society shall review the application and rehabilitation plan for a qualified commercial structure to determine that the information contained in the application and plan is complete. If the office and the historical society determine that the application and rehabilitation plan are complete, the office shall reserve for the benefit of the owner an allocation of a tax credit as provided in subsection (12)(a) or (12)(a.5) of this section and subsection (8)(c)(II) of this section, and the office shall notify the owner in writing of the amount of the reservation. The reservation of tax credits does not entitle the owner to an issuance of a tax credit until the owner complies with all the other requirements specified in this section for the issuance of the tax credit. The office shall separately reserve tax credits allowed pursuant to subsection (12)(a) of this section and tax credits allowed pursuant to subsection (12)(a.5) of this section in the order in which it receives completed applications and rehabilitation plans for each of those two categories of credits. The office shall issue a reservation of tax credits authorized by this subsection (7) within a reasonable time, not to exceed ninety days after the filing of a completed application and rehabilitation plan. The office shall stamp each completed application and plan with the date and time it receives the application and plan and shall review a plan and application on the basis of the order in which the documents were submitted by date and time. The office shall only review an application and plan submitted in connection with a property for which a property address, legal description, or other specific location is provided in the application and plan and for which the owner has specified the category of credit sought as required by subsection (5)(a) of this section. The owner shall not request the review of another property for approval in the place of the property that is the subject of the application and plan. Any application and plan disapproved by the office will be removed from the review process, and the office shall notify the owner in writing of the decision to remove the property from the review process. Disapproved applications and plans lose their priority in the review process. An owner may resubmit a modified application and plan, but a resubmitted application and plan is a new submission for purposes of the priority procedures described in this subsection (7)(a). If a resubmitted application and plan are submitted, the office may charge a new application fee in an amount specified in accordance with subsection (6) of this section.

(a.5)  In the case of any project for a qualified commercial structure the

qualified rehabilitation expenditures for which amount to less than fifty thousand dollars, if the total number of applications for such projects that are received but not reserved for credits allowed pursuant to either subsection (12)(a) or (12)(b) of this section reaches fifteen, the office may suspend the submission of additional applications for that credit for such projects until such time as the fifteen projects have been duly reserved or disapproved. The notification period that is specified in subsection (5)(c) of this section is extended to one hundred twenty days after receipt of the application and rehabilitation plan for the fifteen projects. Any application for a qualified commercial structure the qualified rehabilitation expenditures for which amount to fifty thousand or more dollars is not subject to this subsection (7)(a.5).

(b)  If, for any calendar year, the aggregate amount of reservations for tax

credits allowed pursuant to either subsection (12)(a) or (12)(a.5) of this section that the office has approved is equal to the total amount of tax credits available for reservation pursuant to the applicable subsection (12)(a) or (12)(a.5) of this section during that calendar year, the office shall notify all owners who have submitted applications and rehabilitation plans for reservation of a tax credit allowed pursuant to the applicable subsection (12)(a) or (12)(a.5) of this section then awaiting approval or submitted for approval after the calculation is made that no additional approvals of applications and plans for reservations of tax credits will be granted during that calendar year. The office shall additionally notify the owner of the priority number given to the owner's application and plan then awaiting approval. The applications and plans remain in priority status for two years from the date of the original application and plan and are considered for reservations of tax credits in the priority order established in this subsection (7) if additional credits become available resulting from the rescission of approvals under subsection (8)(a) of this section or because a new allocation of tax credits for a calendar year becomes available.

(c)  Notwithstanding any other provision of this section, this subsection (7)

does not apply to a qualified residential structure because no reservation of tax credits is necessary in the case of a qualified residential structure.

(8)  Deadline for incurring specified amount of estimated costs of

rehabilitation - proof of compliance - audit of cost and expense certification - issuance of tax credit certificate - commercial structures. (a) An owner receiving a reservation of tax credits under subsection (7)(a) of this section shall incur not less than twenty percent of the estimated costs of rehabilitation contained in the application and rehabilitation plan not later than eighteen months after the date of issuance of the written notice from the office to the owner granting the reservation of tax credits. An owner receiving a reservation of tax credits shall submit evidence of compliance with the provisions of this subsection (8)(a). If the office determines that an owner has failed to comply with the requirements of this subsection (8)(a), the office may rescind the issuance it previously gave the owner approving the reservation of tax credits and, if so, the total amount of tax credits made available pursuant to subsection (12)(a) or (12)(a.5) of this section, as applicable, for the calendar year for which reservations may be granted must be increased by the amount of the tax credits rescinded. The office shall promptly notify any owner whose reservation of tax credits has been rescinded and, upon receipt of the notice, the owner may submit a new application and plan for which the office may charge a new application fee in accordance with subsection (6) of this section.

(b)  Following the completion of a rehabilitation of a qualified commercial

structure, the owner shall notify the office that the rehabilitation has been completed and shall certify the qualified rehabilitation costs and expenses. The applicant shall include a review of the certification by a licensed certified public accountant that is not affiliated with the qualified applicant, and the review of the certification must align with office policies for certification of qualified rehabilitation expenditures. The office and the historical society shall review the documentation of the rehabilitation and the historical society shall verify that the documentation satisfies the rehabilitation plan. Within ninety days after receipt of such documentation from the owner, the office shall issue a tax credit certificate in an amount equal to the following subject to subsection (8)(c) of this section:

(I)  Twenty-five percent of the actual qualified rehabilitation expenditures

that are less than two million dollars; plus

(II)  Twenty percent of the actual qualified rehabilitation expenditures in

excess of two million dollars.

(c)  Notwithstanding subsection (8)(b) of this section:


(I)  The total amount of the tax credit certificate issued for any particular

project shall not exceed the amount of the tax credit reservation issued for the project under subsection (7)(a) of this section;

(II)  The amount of a tax credit certificate to be issued pursuant to subsection

(12)(a) of this section for any one qualified commercial structure shall not exceed one million dollars, and the amount of a tax credit certificate to be issued pursuant to subsection (12)(a.5) of this section for any one qualified rehabilitation plan shall not exceed one million five hundred thousand dollars in any one calendar year;

(III)  For income tax years commencing prior to January 1, 2030, and for

applications submitted pursuant to subsection (5) of this section prior to January 1, 2026, with respect to a certified historic structure that is a qualified commercial structure that is located in an area that the president of the United States has determined to be a major disaster area under section 102 (2) of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. sec. 5121 et seq., or that is located in an area that the governor has determined to be a disaster area under the Colorado Disaster Emergency Act, part 7 of article 33.5 of title 24, the tax credit amounts specified in subsections (8)(b)(I) and (8)(b)(II) of this section must be increased as follows for an application that is filed within six years after the disaster determination:

(A)  The twenty-five percent credit amount specified in subsection (8)(b)(I) of

this section is increased to thirty percent; and

(B)  The twenty percent credit amount specified in subsection (8)(b)(II) of this

section is increased to twenty-five percent;

(IV)  For income tax years commencing on or after January 1, 2020, with

respect to a certified historic structure that is a qualified commercial structure that is located in a rural community, the tax credit amounts specified in subsections (8)(b)(I) and (8)(b)(II) of this section must be increased as follows for an application that is properly filed in accordance with this section:

(A)  The twenty-five percent credit amount specified in subsection (8)(b)(I) of

this section is increased to thirty-five percent; and

(B)  The twenty percent credit amount specified in subsection (8)(b)(II) of this

section is increased to thirty percent; and

(V)  For a tax credit allowed pursuant to subsection (12)(a.5) of this section

only, if, due to a regulatory requirement or condition of financing, the qualified commercial structure for which the tax credit is claimed is subject to a deed restriction that requires the owner to lease rental housing units in the qualified commercial structure only to individuals or households whose income is below a specified amount, then the amount of the tax credit specified in subsection (8)(b) of this section, as increased pursuant to subsection (8)(c)(III) or (8)(c)(IV) of this section, if applicable, is increased by an additional five percent.

(d)  If the amount of qualified rehabilitation expenditures incurred by the

owner would result in an owner being issued an amount of tax credits that exceeds the amount of tax credits reserved for the owner under subsection (7)(a) of this section, the owner may apply to the office for the issuance of an amount of tax credits that equals the excess. The owner must submit its application for issuance of such excess tax credits on a form prescribed by the office. The office shall automatically approve the application, which it shall issue by means of a separate certificate, subject only to the availability of tax credits and the provisions concerning priority provided in subsection (7)(a) of this section.

(e)  (Deleted by amendment, L. 2018.)


(f)  Repealed.


(9)  Filing tax credit certificate with income tax return. In order to claim the

credit authorized by this section, the owner shall file the tax credit certificate with the owner's state income tax return. The amount of the credit claimed that the owner may claim under this section is the amount stated on the tax credit certificate.

(10)  (Deleted by amendment, L. 2018.)


(11)  Residential and commercial. (a)  For tax years commencing prior to

January 1, 2027, the entire tax credit to be issued under this section for either a qualified residential structure or a qualified commercial structure may be claimed by the owner in the taxable year in which the certified rehabilitation is placed in service. If the amount of the credit allowed under this section exceeds the amount of income taxes otherwise due on the income of the owner in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not to exceed ten years and will be applied to the earliest income tax years possible. Any amount of the credit that is not used after such period shall not be refunded to the owner.

(b) (I)  For tax years commencing on or after January 1, 2027, the entire tax

credit to be issued under this section for either a qualified residential structure or a qualified commercial structure may be claimed by the owner in the tax year in which the certified rehabilitation is placed in service.

(II)  If the amount of the credit allowed under this section for a qualified

commercial structure, but not a qualified residential structure, exceeds the amount of income taxes otherwise due on the income of the owner in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not to exceed ten years and shall be applied to the earliest income tax years possible. Any amount of the credit that is not used after such period shall not be refunded to the owner.

(III)  If the amount of the credit allowed under this section for a qualified

residential structure, but not a qualified commercial structure, exceeds the amount of income taxes otherwise due on the income of the qualified applicant in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in the income tax year is refunded to the qualified applicant.

(12)  Limit on aggregate amount of all tax credits that may be reserved for

qualified commercial structures - assignability and transferability of tax credits for qualified commercial structures - tax preference performance statement - legislative declaration. (a) Except as otherwise provided in subsections (12)(a.5) and (12)(b) of this section, the aggregate amount of all tax credits in any calendar year that may be reserved for qualified commercial structures by the office upon the certification of all rehabilitation plans under subsection (7)(a) of this section for such structures must not exceed:

(I)  For qualified commercial structures estimating qualified rehabilitation

expenditures in the amount of two million dollars or less, two and one-half million dollars in the aggregate for the 2016 calendar year, five million dollars in the aggregate for each of the 2017, 2018, and 2019 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year;

(II)  For qualified commercial structures estimating qualified rehabilitation

expenditures in excess of two million dollars, two and one-half million dollars in the aggregate for the 2016 calendar year, five million dollars in the aggregate for each of the 2017, 2018, and 2019 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year;

(III)  For qualified commercial structures estimating qualified rehabilitation

expenditures in any amount, ten million dollars in the aggregate for each of the 2020 through 2032 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year; except that the aggregate amount of the ten million dollars in tax credits in any tax year that may be reserved by the office must be equally split between qualified commercial structures for which the estimated qualified rehabilitation expenditures are equal to or less than two million dollars and qualified commercial structures for which the estimated qualified rehabilitation expenditures are in excess of two million dollars.

(a.5)  For calendar years commencing on or after January 1, 2025, but before

January 1, 2030, in addition to the tax credits allowed to be reserved by the office pursuant to subsection (12)(a) of this section, the office shall separately reserve credits pursuant to this subsection (12)(a.5) for an owner of a qualified commercial structure that submits an application and rehabilitation plan for rehabilitation of the qualified commercial structure so that at least fifty percent of the square footage of the qualified commercial structure will be net new rental housing units, as defined by the office. Except as otherwise provided in subsection (12)(b) of this section, the aggregate amount of all tax credits in any calendar year that may be reserved pursuant to this subsection (12)(a.5) for qualified commercial structures by the office upon the certification of all rehabilitation plans under subsection (7)(a) of this section for such structures must not exceed five million dollars per year in the aggregate, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year.

(b)  Notwithstanding any other provision of this subsection (12), if the entirety

of the allowable tax credit amount for any calendar year is not requested and reserved under:

(I)  Subsection (12)(a) of this section, the office may use any such unreserved

tax credits in reserving tax credits in another category for that same calendar year, and the office may also use any remaining unreserved tax credits for that calendar year in reserving tax credits in subsequent calendar years; or

(II)  Subsection (12)(a.5) of this section, the office shall use any remaining

unreserved tax credits for that calendar year in reserving tax credits in subsequent calendar years.

(c)  Any tax credits issued under this section to a partnership, a limited

liability company taxed as a partnership, or multiple owners of a property must be passed through to the partners, members, or owners, including any nonprofit entity that is a partner, member, or owner, respectively, on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting an alternate distribution method.

(d)  Any tax credits issued under this section for a qualified commercial

structure are freely transferable and assignable, subject to any notice and verification requirements to be determined by the office; except that the owner or a subsequent transferee may only transfer the portion of the tax credit that has neither been applied against the income tax imposed by this article 22 nor used to obtain a refund. Any transferee of a tax credit for a qualified commercial structure issued under this section may use the amount of tax credits transferred to offset against any other tax due under this article 22 or the transferee may freely transfer and assign all or any portion of the tax credits that have neither been applied against the income taxes imposed by this article 22 nor used to obtain a refund to any other person or entity, including an entity that is exempt from federal income taxation pursuant to section 501 (c) of the internal revenue code, as amended, and the other person or entity may freely transfer and assign all or any portion of the tax credits that have neither been applied against the income taxes imposed by this article 22 nor used to obtain a refund to any other person or entity. The tax credits may be transferred or assigned on multiple occasions until such time as the credit is claimed on a state tax return. The transferor and the transferee of the tax credits shall jointly file a copy of the written transfer agreement with the office within thirty days after the transfer. Any filing of the written transfer agreement with the office perfects the transfer. The office shall develop a system to track the transfers of tax credits and to certify the ownership of tax credits. A certification by the office of the ownership and the amount of tax credits may be relied on by the department and the transferee as being accurate, and the office shall not adjust the amount of tax credits as to the transferee; except that the office retains any remedies it may have against the owner. The office may promulgate rules to permit verification of the ownership and amount of the tax credits; except that any rules promulgated shall not unduly restrict or hinder the transfer of the tax credits. Notwithstanding any other provision of this section, only tax credits issued under this section for a qualified commercial structure, and not tax credits issued under this section for a qualified residential structure, are freely transferable and assignable in accordance with this subsection (12)(d).

(e)  (Deleted by amendment, L. 2018.)


(13)  Appeal. Any owner or any duly authorized representative of an owner

may appeal any final determination made by the office, the historical society, or the department, including, without limitation, any preliminary or final reservation, or any approval or denial, in accordance with the State Administrative Procedure Act, article 4 of title 24. The owner or the owner's representative shall submit any such appeal within thirty days after receipt by the owner or the owner's representative of the final determination that is the subject of the appeal.

(14)  Deadline for submitting application and rehabilitation plan.

Notwithstanding any other provision of this section, the tax credits authorized by this section for the substantial rehabilitation of a qualified structure are not available to an owner of a qualified structure that submits an application and rehabilitation plan after December 31, 2032. No action or inaction on the part of the general assembly has the effect of limiting or suspending the issuing of tax credits authorized by this section in any past or future income tax year with respect to a qualified structure if the owner of the structure submits an application and rehabilitation plan with the office on or prior to December 31, 2032, even if the qualified structure is placed into service after December 31, 2032. Any tax credits that have been reserved for a qualified commercial structure in accordance with subsection (7)(a) of this section and any applicable rules promulgated under this section prior to December 31, 2032, may still be issued by the office through and including December 31, 2036.

(15)  Report to the department - rules - qualified commercial structures. (a)

On or before March 15, 2016, and on a quarterly basis thereafter, the office shall provide a report to the department specifying the ownership and transfers of tax credits for the rehabilitation of qualified commercial structures under this section covering the period since the last report.

(b)  The office, in consultation with the historical society, may promulgate any

and all rules necessary to further implement the tax credits to be claimed for the substantial rehabilitation of qualified commercial structures under this section and shall solicit advice from the department in promulgating rules for transfers of such tax credits. Any such rules must be promulgated in accordance with article 4 of title 24.

(c)  Notwithstanding any other provision of law, a taxpayer shall not claim a

credit under this section in connection with the rehabilitation of a historic structure for which the taxpayer is also claiming a credit under section 39-22-514.

(16)  Tax preference performance statement. (a)  In accordance with section

39-21-304 (1), which requires each bill that creates a new tax expenditure or extends an expiring tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly declares that the general purposes of the tax credit created in this section are to induce certain designated behavior by taxpayers and to provide tax relief for certain businesses or individuals. The specific purposes of the tax credit are to provide an incentive to taxpayers to rehabilitate qualified structures in a way that increases the number of net new rental housing units in the state and to provide a greater incentive for taxpayers who develop such units for rental to low- and moderate-income renters who need affordable and middle-income housing.

(b)  The general assembly and the state auditor shall measure the

effectiveness of the tax credit in achieving the purposes specified in subsection (16)(a) of this section based on the information required to be maintained and reported by the office to the state auditor pursuant to subsection (16)(c) of this section.

(c)  The office shall maintain a database of any information determined

necessary by the office to evaluate the effectiveness of the income tax credit allowed in this section in meeting the purposes set forth in subsection (16)(a) of this section and shall provide such information, which must include the number and value of tax credits claimed pursuant to this section, the number of net new rental units developed, including the number of such units developed for rental only to low- and moderate-income renters, through the rehabilitation of qualified commercial or residential structures for which tax credits were allowed pursuant to this section, and, if available, any other information that may be needed, to the state auditor as part of the state auditor's evaluation of the tax credit required by section 39-21-305.

(17)  Commercial historic preservation tax credit program cash fund. (a)  The

commercial historic preservation tax credit program cash fund is created in the state treasury. The fund consists of gifts, grants, donations, fee revenue credited to the fund pursuant to subsection (6) of this section, and any other money that the general assembly may appropriate, transfer, or require by law to be credited to the fund.

(b)  The state treasurer shall credit all interest and income derived from the

deposit and investment of money in the commercial historic preservation tax credit program cash fund to the fund.

(c)  Money in the fund is continuously appropriated to the office for the

purpose of administering the tax credit issued pursuant to this section.

(d)  The state treasurer shall transfer all unexpended and unencumbered

money in the fund on December 31, 2051, to the general fund.

Source: L. 2014: Entire section added, (HB 14-1311), ch. 183, p. 670, � 1,

effective May 14. L. 2015: (2)(j) amended, (HB 15-1307), ch. 218, p. 804, � 1, effective August 5. L. 2018: Entire section amended, (HB 18-1190), ch. 344, p. 2046, � 1, effective May 30; (5.5)(a)(III) and (8)(c)(IV)(A) added, (HB 18-1190), ch. 344, p. 2046, � 1, effective January 1, 2020. L. 2019: (7)(a.5) amended, (SB 19-241), ch. 390, p. 3477, � 55, effective August 2. L. 2024: (2)(j)(I), (2)(l)(I), (2)(n), (3), IP(5)(a), (5.5)(a)(I), (5.5)(a)(II), (6)(c), (7)(a), (7)(a.5), (7)(b), (8)(a), IP(8)(b), (8)(c)(II), (8)(c)(IV)(B), (11), IP(12)(a), (12)(a)(III), (12)(b), and (14) amended, (5)(b.5), (8)(c)(V), (12)(a.5), (16), and (17) added, and (5.5)(b) and (8)(f) repealed, (HB 24-1314), ch. 245, p. 1613, � 1, effective August 7. L. 2025: IP(8)(c)(III) amended, (HB 25-1296), ch. 202, p. 913, � 8, effective May 16.

Cross references: For the legislative declaration in HB 25-1296, see section 1

of chapter 202, Session Laws of Colorado 2025.

C.R.S. § 39-22-545

39-22-545. Credit against tax - heat pump systems - heat pump water heaters - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I)  The general assembly has committed to reduce greenhouse gases

through numerous policy and regulatory measures to meet the goals established in 2019;

(II)  Great quantities of emissions are released in the traditional process of

heating and cooling private sector residential buildings;

(III)  There is great potential for businesses and individuals in the state to

reduce greenhouse gas emissions generated in the heating and cooling of residential buildings by installing heat pump systems or heat pump water heaters, which reduce net greenhouse gas emissions;

(IV)  Providing an income tax credit for heat pump systems and heat pump

water heaters will encourage businesses and individuals to purchase and use heat pump systems and heat pump water heaters rather than traditional heating and cooling methods; and

(V)  The purchase and use of heat pump systems and heat pump water

heaters will benefit public health in the heating and cooling of homes and businesses and take advantage of latent heat sources and available renewable power during low demand periods.

(b)  In accordance with section 39-21-304 (1), which requires each bill that

creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:

(I)  Induce certain designated behavior by taxpayers, specifically the

purchase and use of heat pump systems and heat pump water heaters; and

(II)  Contribute to the state's effort to achieve its climate goals.


(c)  The general assembly and the state auditor shall measure the

effectiveness of the tax credits in achieving the purposes specified in subsection (1)(b) of this section based on the number of heat pump systems and the number of heat pump water heaters sold and used in the state. The Colorado energy office shall provide the state auditor with any available information that would assist the state auditor's measurement.

(2)  As used in this section, unless the context otherwise requires:


(a)  Air-source heat pump system has the same meaning set forth in section

39-26-732 (2)(a).

(b)  Ground-source heat pump system has the same meaning set forth in

section 39-26-732 (2)(b).

(c)  Heat pump system means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, or variable refrigerant

flow heat pump system.

(d)  Heat pump water heater has the same meaning set forth in section 39-26-732 (2)(d).


(e)  Purchase price means the amount actually paid by the purchaser for

the tangible personal property installed, including charges for sales tax and freight, but not including any charges for assembly, installation, or other construction services, or permit fees.

(f)  Purchaser means a taxpayer who is the buyer of a heat pump system or

heat pump water heater.

(g)  Seller means the entity that sells a heat pump system or heat pump

water heater to a purchaser.

(h)  Taxpayer means a person subject to tax under this article 22, or a

person or political subdivision of this state who is exempt from tax under section 39-22-112 (1), but does not include insurance companies subject to the tax imposed on gross premiums by section 10-3-209. For purposes of this section, a person or political subdivision of this state who is exempt from tax under section 39-22-112 (1) is a taxpayer even if the person or political subdivision has no unrelated business income.

(i)  Variable refrigerant flow heat pump system has the same meaning set

forth in section 39-26-732 (2)(f).

(j)  Water-source heat pump system has the same meaning set forth in

section 39-26-732 (2)(e).

(3) (a)  Subject to the provisions of subsection (4) of this section, for income

tax years commencing on or after January 1, 2023, but before January 1, 2024, any purchaser that installs a residential or commercial heat pump system into real property in this state or that installs a residential or commercial heat pump water heater into real property in this state is allowed a credit against the tax imposed by this article 22 in an amount equal to ten percent of the purchase price paid by the purchaser for the heat pump system or heat pump water heater.

(b)  The credit allowed pursuant to this section is for the income tax year in

which the heat pump system or heat pump water heater is purchased.

(4) (a) (I)  To be eligible to claim a tax credit pursuant to this section, the

purchaser shall certify, as specified in subsection (4)(b) of this section, that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of a heat pump system or heat pump water heater in a new or existing industrial, commercial, or multifamily residential building containing twenty thousand square feet or more of conditioned floor space was or will be performed by a contractor on the certified contractor list created pursuant to section 40-3.2-105.6 (3)(a), or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.

(II)  The requirements of this subsection (4)(a) do not apply to the installation

of a heat pump system or heat pump water heater that is limited to in-unit work in a multifamily building or unit and that is initiated by the owner or tenant of the multifamily building or unit.

(b)  The purchaser shall certify, in a form and manner to be determined by the

department of revenue, that the heat pump system or heat pump water heater was or will be installed in accordance with the provisions of subsection (4)(a) of this section, if applicable. The seller shall provide the certification to the purchaser for the purposes of subsection (5) of this section.

(5) (a)  A purchaser may assign the tax credit allowed in this section to the

purchaser's seller as follows:

(I)  The assignment to the seller must be completed at the time of purchase

of a new heat pump system or heat pump water heater by entering into an agreement as set forth in subsection (5)(c) of this section;

(II)  The purchaser must certify in writing that the purchaser will comply with

the provisions regarding installation of the heat pump system or heat pump water heater specified in subsection (4) of this section, if applicable;

(III)  The purchaser must assign the tax credit to the seller and forfeit the

right to claim the tax credit on the purchaser's tax return in exchange for good and valuable consideration; and

(IV)  The seller must compensate the purchaser for the full nominal value of

the tax credit. The compensation paid to the purchaser is considered a refund of state taxes and is not state taxable income.

(b)  Notwithstanding section 39-21-108 (3), if a purchaser assigns the tax

credit to a seller pursuant to this subsection (5), the seller receives the full amount of the tax credit that the purchaser is allowed in this section. Any unpaid balance or unpaid debt of the purchaser may not be credited from the amount of the tax credit allowed in this section.

(c)  To complete the tax credit assignment, the purchaser and the seller must

enter into an agreement that:

(I)  Includes the purchaser's written certification to comply with the

provisions regarding installation of the heat pump system or heat pump water heater specified in subsection (4) of this section, if applicable; and

(II)  Affirms that the requirements specified in subsection (5)(a) of this section

were met.

(d)  The seller may authorize an agent or a designee to sign the agreement on

its behalf.

(e)  The seller shall electronically submit a report containing the information

required in the agreement described in subsection (5)(c) of this section to the department of revenue within thirty days of the purchase of a heat pump system or heat pump water heater in a form and manner to be determined by the department.

(f)  The seller shall also file the agreement described in subsection (5)(c) of

this section with the original tax return for the taxable year in which the heat pump system or heat pump water heater is purchased.

(g)  The department of revenue, in consultation with the Colorado energy

office, shall develop a model report and agreement no later than December 1, 2022.

(6)  If a credit authorized in this section exceeds the income tax due on the

income of the seller for the taxable year, the excess credit may not be carried forward and shall be refundable to the seller.

(7)  Making a purchaser aware of the income tax credit allowed in this section

or helping a purchaser assign the income tax credit to a seller as allowed in this section does not rise to the level of providing the purchaser with unauthorized tax advice.

(8)  This section is repealed, effective January 1, 2028.


Source: L. 2022: Entire section added, (SB 22-051), ch. 333, p. 2346, � 2,

effective August 10. L. 2023: (3)(a) amended, (HB 23-1272), ch. 167, p. 775, � 4, effective May 11.

Cross references: For the legislative declaration in HB 23-1272, see section 1

of chapter 167, Session Laws of Colorado 2023.

C.R.S. § 39-26-724

39-26-724. Components used to produce energy from a renewable energy source - definitions. (1) (a) For fiscal years commencing on or after July 1, 2006, all sales, storage, and use of components used in the production of alternating current electricity from a renewable energy source, including but not limited to wind, shall be exempt from taxation under parts 1 and 2 of this article.

(b) and (c)  Repealed.


(2)  As used in this section:


(a) and (a.5)  Repealed.


(b) (I)  Components used in the production of alternating current electricity

from a renewable energy source shall include, but shall not be limited to, wind turbines, rotors and blades, solar modules, trackers, generating equipment, supporting structures or racks, inverters, towers and foundations, balance of system components such as wiring, control systems, switchgears, and generator step-up transformers, and concentrating solar power components that include, but are not limited to, mirrors, plumbing, and heat exchangers.

(II)  Components used in the production of alternating current electricity

from a renewable energy source shall not include any components beyond the point of generator step-up transformers located at the production site, labor, energy storage devices, or remote monitoring systems.

(c)  Repealed.


(3)  The purpose of the exemption authorized in this section is to create

additional incentives for developing renewable energy projects not already created by other state or federal law.

Source: L. 2008: Entire section added, p. 1320, � 4, effective May 27. L.

2009: Entire section amended, (HB 09-1126), ch. 254, p. 1148, � 3, effective May 15. L. 2014: (1)(c) and (2)(a.5) added and (2)(a) amended, (HB 14-1159), ch. 229, p. 850, � 1, effective May 17. L. 2022: (1)(b), (2)(a.5), and (2)(c) repealed, (HB 22-1312), ch. 202, p. 1360, � 7, effective August 10. L. 2024: (3) added, (HB 24-1036), ch. 373, p. 2537, � 38, effective August 7.

Editor's note: Subsections (1)(c)(II) and (2)(a)(II) provided for the repeal of

subsections (1)(c) and (2)(a), respectively, effective July 1, 2019. (See L. 2014, p. 850.)

Cross references: For the legislative intent contained in the 2008 act

enacting this section, see section 9 of chapter 302, Session Laws of Colorado 2008. For the legislative declaration contained in the 2009 act amending this section, see section 1 of chapter 254, Session Laws of Colorado 2009. For the legislative declaration in HB 24-1036, see section 1 of chapter 373, Session Laws of Colorado 2024.

C.R.S. § 39-26-732

39-26-732. Heat pump systems - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I)  The general assembly has committed to reduce greenhouse gases

through numerous policy and regulatory measures to meet the goals established in 2019;

(II)  Great quantities of emissions are released in the traditional process of

heating and cooling private sector commercial and residential buildings;

(III)  There is great potential for businesses and individuals in the state to

reduce greenhouse gas emissions generated in the heating and cooling of commercial and residential buildings by installing heat pump systems and heat pump water heaters, which reduce net greenhouse gas emissions;

(IV)  Providing a sales and use tax exemption for heat pump systems and heat

pump water heaters will encourage businesses and individuals to purchase and use heat pump systems and heat pump water heaters rather than traditional heating and cooling methods; and

(V)  The purchase and use of heat pump systems and heat pump water

heaters will benefit public health in the heating and cooling of homes and businesses and take advantage of latent heat sources and available renewable power during low demand periods.

(b)  In accordance with section 39-21-304 (1), which requires each bill that

creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:

(I)  Induce certain designated behavior by taxpayers, specifically the

purchase and use of heat pump systems and heat pump water heaters; and

(II)  Contribute to the state's effort to achieve its climate goals.


(c)  The general assembly and the state auditor shall measure the

effectiveness of the exemption in achieving the purposes specified in subsection (1)(b) of this section based on the number of heat pump systems and heat pump water heaters sold and used in the state. The Colorado energy office shall provide the state auditor with any available information that would assist the state auditor's measurement.

(2)  As used in this section, unless the context otherwise requires:


(a) (I)  Air-source heat pump system means a system that:


(A)  Is certified pursuant to the federal environmental protection agency's

energy star program;

(B)  Has a variable speed compressor;


(C)  Is listed in the air-conditioning, heating, and refrigeration institute

directory of certified product performance as a matched system; and

(D)  Is installed by a licensed contractor, plumber, or employee of a gas utility

in accordance with the national electrical code and the manufacturer's specifications.

(II)  Air-source heat pump system may include an electric resistance

heating element or a dual fuel system for supplemental heat so long as:

(A)  The air-source heat pump is used as the primary source of a building's

heat and is designed to supply at least eighty percent of total annual heating for the building;

(B)  The system is capable of distributing produced heat to all conditioned

areas of the building;

(C)  The dual fuel system has a furnace with an annual fuel utilization

efficiency rating of ninety percent or higher;

(D)  All piping for a split system is installed by technicians certified to the

NITC R78 brazing procedure; and

(E)  The system is installed by technicians that are trained on the safe

handling of flammable refrigerants.

(III)  Air-source heat pump system includes mechanical and electrical

equipment central to the operation of an air-source heat pump, including an upgraded electrical panel if necessary.

(b) (I)  Ground-source heat pump system means a system that:


(A)  Is certified to the international organization for standardization's latest

standards;

(B)  Is installed by a licensed contractor, plumber, or employee of a gas utility

in accordance with the national electric code and manufacturer's specifications;

(C)  Conforms to all applicable municipal, state, and federal codes, standards,

regulations, and certifications;

(D)  Has blowers that are variable speed, high-efficiency motors that meet or

exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and

(E)  Complies with all state and local drinking water guidelines and

regulations and public water system requirements.

(II)  Ground-source heat pump system may include a dual fuel system so

long as:

(A)  The ground-source heat pump is used as the primary source of a

building's heat and is designed to supply at least eighty percent of total annual heating for the building;

(B)  The system is capable of distributing produced heat to all conditioned

areas of the building;

(C)  The furnace has an annual fuel utilization efficiency rating of ninety

percent or higher;

(D)  All piping for a split system is installed by technicians certified to the

NITC R78 brazing procedure; and

(E)  The system is installed by technicians that are trained on the safe

handling of flammable refrigerants.

(III)  Ground-source heat pump system includes mechanical and electrical

equipment central to the operation of a ground-source heat pump, including an upgraded electrical panel if necessary.

(IV)  Ground-source heat pump system may include a heat exchanger for

water heating.

(c)  Heat pump system means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, combined water-source

and air-source heat pump system, or variable refrigerant flow heat pump system.

(d) (I)  Heat pump water heater means an electric water heater that uses

heat pump technology to transfer heat from the surrounding air to water in a tank and that is certified pursuant to the federal environmental protection agency's energy star program.

(II)  Heat pump water heater may include:


(A)  An electric resistance heating element; and


(B)  Mechanical and electrical equipment central to the operation of a heat

pump water heater, including an upgraded electrical panel if necessary.

(e) (I)  Water-source heat pump system means a system that:


(A)  Is certified to the international organization for standardization's latest

standards;

(B)  Is installed by a licensed contractor, plumber, or employee of a gas or

wastewater utility in accordance with the national electric code and manufacturer's specifications;

(C)  Conforms to all applicable municipal, state, and federal codes, standards,

regulations, and certifications;

(D)  Has blowers that are variable speed, high-efficiency motors that meet or

exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and

(E)  Complies with all state and local drinking water guidelines and

regulations and public water system and wastewater system requirements.

(II)  Water-source heat pump system may include a dual fuel system so long

as:

(A)  The water-source heat pump is used as the primary source of a building's

heat and is designed to supply at least eighty percent of the total annual heating for the building;

(B)  The system is capable of distributing produced heat to all conditioned

areas of the building;

(C)  The furnace has an annual fuel utilization efficiency rating of ninety

percent or higher;

(D)  All piping for a split system is installed by technicians certified to the

NITC R78 brazing procedure; and

(E)  The system is installed by technicians who are trained in the safe

handling of flammable refrigerants.

(III)  Water-source heat pump system includes mechanical and electrical

equipment central to the operation of a water-source heat pump.

(f) (I)  Variable refrigerant flow heat pump system means a system that:


(A)  Is certified to the international organization for standardization's latest

standards;

(B)  Is installed by a licensed contractor, plumber, or employee of a gas or

wastewater utility in accordance with the national electric code and manufacturer's specifications;

(C)  Conforms to all applicable municipal, state, and federal codes, standards,

regulations, and certifications;

(D)  Has blowers that are variable speed, high-efficiency motors that meet or

exceed efficiency levels listed in the national electrical manufacturers association MGI-1993 publication; and

(E)  Complies with all state and local drinking water guidelines and

regulations and public water system and wastewater system requirements.

(II)  Variable refrigerant flow system may include a dual fuel system so long

as:

(A)  The variable refrigerant flow system is used as the primary source of a

building's heat and is designed to supply at least eighty percent of the total annual heating for the building;

(B)  The system is capable of distributing produced heat to all conditioned

areas of the building;

(C)  The furnace has an annual fuel utilization efficiency rating of ninety

percent or higher;

(D)  All piping for a split system is installed by technicians certified to the

NITC R78 brazing procedure; and

(E)  The system is installed by technicians who are trained in the safe

handling of flammable refrigerants.

(III)  Variable refrigerant flow system includes mechanical and electrical

equipment central to the operation of a variable refrigerant flow system.

(3)  On and after January 1, 2023, but before January 1, 2024, subject to the

provisions of subsection (4) of this section, all sales, storage, and use of heat pump systems and heat pump water heaters that are used in commercial or residential buildings are exempt from taxation under parts 1 and 2 of this article 26.

(4) (a) (I)  To be eligible for the sales and use tax exemption pursuant to this

section, the purchaser of a heat pump system or heat pump water heater shall certify, as specified in subsection (4)(b) of this section, that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of a heat pump system or heat pump water heater in a new or existing industrial, commercial, or multifamily residential building containing twenty thousand square feet or more of conditioned floor space will be performed by a contractor on the certified contractor list created pursuant to section 40-3.2-105.6 (3)(a), or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.

(II)  The requirements of this subsection (4)(a) do not apply to the installation

of a heat pump system or heat pump water heater that is limited to in-unit work in a multifamily building or unit and that is initiated by the owner or tenant of the multifamily building or unit.

(b)  The purchaser shall certify, in a form and manner to be determined by the

department of revenue, that the heat pump system or heat pump water heater will be installed in accordance with the provisions of subsection (4)(a) of this section, if applicable.

(5)  This section is repealed, effective January 1, 2027.


Source: L. 2022: Entire section added, (SB 22-051), ch. 333, p. 2352, � 4,

effective August 10. L. 2023: (3) and (5) amended, (HB 23-1272), ch. 167, p. 808, � 12, effective May 11.

Cross references: For the legislative declaration in HB 23-1272, see section 1

of chapter 167, Session Laws of Colorado 2023.

C.R.S. § 4-9-102

4-9-102. Definitions and index of definitions. (a) In this article 9:

(1)  Accession means goods that are physically united with other goods in

such a manner that the identity of the original goods is not lost.

(2)  Account, except as used in account for, account statement,

account to, commodity account in subsection (a)(14) of this section, customer's account, deposit account in subsection (a)(29) of this section, on account of, and statement of account, means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; (ii) for services rendered or to be rendered; (iii) for a policy of insurance issued or to be issued; (iv) for a secondary obligation incurred or to be incurred; (v) for energy provided or to be provided; (vi) for the use or hire of a vessel under a charter or other contract; (vii) arising out of the use of a credit or charge card or information contained on or for use with the card; or (viii) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes controllable accounts and health-care-insurance receivables. The term does not include (i) chattel paper; (ii) commercial tort claims; (iii) deposit accounts; (iv) investment property; (v) letter-of-credit rights or letters of credit; (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card; or (vii) rights to payment evidenced by an instrument.

(3)  Account debtor means a person obligated on an account, chattel paper,

or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the negotiable instrument evidences chattel paper.

(4)  Accounting, except as used in accounting for, means a record:


(A)  Signed by a secured party;


(B)  Indicating the aggregate unpaid secured obligations as of a date not

more than thirty-five days earlier or thirty-five days later than the date of the record; and

(C)  Identifying the components of the obligations in reasonable detail.


(5)  Agricultural lien means an interest in farm products:


(A)  Which secures payment or performance of an obligation for:


(i)  Goods or services furnished in connection with a debtor's farming

operation; or

(ii)  Rent on real property leased by a debtor in connection with its farming

operation;

(B)  Which is created by statute in favor of a person that:


(i)  In the ordinary course of its business furnished goods or services to a

debtor in connection with a debtor's farming operation; or

(ii)  Leased real property to a debtor in connection with the debtor's farming

operation; and

(C)  Whose effectiveness does not depend on the person's possession of the

personal property.

(6)  As-extracted collateral means:


(A)  Oil, gas, minerals, or other substances of value that may be extracted

from the earth that are subject to a security interest that:

(i)  Is created by a debtor having an interest in the minerals or such other

substances before extraction; and

(ii)  Attaches to the minerals or such other substances as extracted; or


(B)  Accounts arising out of the sale at the wellhead or minehead of oil, gas,

minerals, or other substances of value that may be extracted from the earth in which the debtor had an interest before extraction.

(7)  Repealed.


(7.3)  Assignee, except as used in assignee for benefit of creditors, means

a person (i) in whose favor a security interest that secures an obligation is created or provided for under a security agreement, whether or not the obligation is outstanding or (ii) to which an account, chattel paper, payment intangible, or promissory note has been sold. The term includes a person to which a security interest has been transferred by a secured party.

(7.5)  Assignor means a person that (i) under a security agreement creates

or provides for a security interest that secures an obligation or (ii) sells an account, chattel paper, payment intangible, or promissory note. The term includes a secured party that has transferred a security interest to another person.

(8)  Bank means an organization that is engaged in the business of banking.

The term includes savings banks, savings and loan associations, credit unions, and trust companies.

(8.5)  Business day means any day other than Saturday, Sunday, or a state

of Colorado or federal legal holiday.

(9)  Cash proceeds means proceeds that are money, checks, deposit

accounts, or the like.

(10)  Certificate of title means a certificate of title with respect to which a

statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral.

(11)  Chattel paper means:


(A)  A right to payment of a monetary obligation secured by specific goods, if

the right to payment and security agreement are evidenced by a record; or

(B)  A right to payment of a monetary obligation owed by a lessee under a

lease agreement with respect to specific goods and a monetary obligation owed by the lessee in connection with the transaction giving rise to the lease, if:

(i)  The right to payment and lease agreement are evidenced by a record; and


(ii)  The predominant purpose of the transaction giving rise to the lease was

to give the lessee the right to possession and use of the goods. The term does not include a right to payment arising out of a charter or other contract involving the use or hire of a vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

(12)  Collateral means the property subject to a security interest or

agricultural lien. The term includes:

(A)  Proceeds to which a security interest attaches;


(B)  Accounts, chattel paper, payment intangibles, and promissory notes that

have been sold; and

(C)  Goods that are the subject of a consignment.


(13)  Commercial tort claim means a claim arising in tort with respect to

which:

(A)  The claimant is an organization; or


(B)  The claimant is an individual and the claim:


(i)  Arose in the course of the claimant's business or profession; and


(ii)  Does not include damages arising out of personal injury to or the death of

an individual.

(14)  Commodity account means an account maintained by a commodity

intermediary in which a commodity contract is carried for a commodity customer.

(15)  Commodity contract means a commodity futures contract, an option

on a commodity futures contract, a commodity option, or another contract if the contract or option is:

(A)  Traded on or subject to the rules of a board of trade that has been

designated as a contract market for such a contract pursuant to federal commodities laws; or

(B)  Traded on a foreign commodity board of trade, exchange, or market, and

is carried on the books of a commodity intermediary for a commodity customer.

(16)  Commodity customer means a person for which a commodity

intermediary carries a commodity contract on its books.

(17)  Commodity intermediary means a person that:


(A)  Is registered as a futures commission merchant under federal

commodities law; or

(B)  In the ordinary course of its business provides clearance or settlement

services for a board of trade that has been designated as a contract market pursuant to federal commodities law.

(18)  Communicate means:


(A)  To send a written or other tangible record;


(B)  To transmit a record by any means agreed upon by the persons sending

and receiving the record; or

(C)  In the case of transmission of a record to or by a filing office, to transmit

a record by any means prescribed by filing-office rule.

(19)  Consignee means a merchant to which goods are delivered in a

consignment.

(20)  Consignment means a transaction, regardless of its form, in which a

person delivers goods to a merchant for the purpose of sale and:

(A)  The merchant:


(i)  Deals in goods of that kind under a name other than the name of the

person making delivery;

(ii)  Is not an auctioneer; and


(iii)  Is not generally known by its creditors to be substantially engaged in

selling the goods of others;

(B)  With respect to each delivery, the aggregate value of the goods is one

thousand dollars or more at the time of delivery;

(C)  The goods are not consumer goods immediately before delivery; and


(D)  The transaction does not create a security interest that secures an

obligation.

(21)  Consignor means a person that delivers goods to a consignee in a

consignment.

(22)  Consumer debtor means a debtor in a consumer transaction.


(22.5)  Consumer deposit account means a deposit account held in the

name of one or more natural persons and used by him, her, or them primarily for personal, family, or household purposes.

(23)  Consumer goods means goods that are used or bought for use

primarily for personal, family, or household purposes.

(24)  Consumer-goods transaction means a consumer transaction in which:


(A)  An individual incurs an obligation primarily for personal, family, or

household purposes; and

(B)  A security interest in consumer goods secures the obligation.


(25)  Consumer obligor means an obligor who is an individual and who

incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.

(26)  Consumer transaction means a transaction in which (i) an individual

incurs an obligation primarily for personal, family, or household purposes, (ii) a security interest secures the obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.

(27)  Continuation statement means an amendment of a financing

statement which:

(A)  Identifies, by its file number, the initial financing statement to which it

relates; and

(B)  Indicates that it is a continuation statement for, or that it is filed to

continue the effectiveness of, the identified financing statement.

(27.5)  Controllable account means an account evidenced by a controllable

electronic record that provides that the account debtor undertakes to pay the person that has control under section 4-12-105 of the controllable electronic record.

(27.7)  Controllable payment intangible means a payment intangible

evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under section 4-12-105 of the controllable electronic record.

(28)  Debtor means:


(A)  A person having an interest, other than a security interest or other lien, in

the collateral, whether or not the person is an obligor;

(B)  A seller of accounts, chattel paper, payment intangibles, or promissory

notes; or

(C)  A consignee.


(29)  Deposit account means a demand, time, savings, passbook, or similar

account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.

(30)  Document means a document of title or a receipt of the type

described in section 4-7-201 (b).

(31)  Repealed.


(32)  Encumbrance means a right, other than an ownership interest, in real

property. The term includes mortgages and other liens on real property.

(33)  Equipment means goods other than inventory, farm products, or

consumer goods.

(34)  Farm products means goods, other than standing timber, with respect

to which the debtor is engaged in a farming operation and which are:

(A)  Crops grown, growing, or to be grown, including:


(i)  Crops produced on trees, vines, and bushes; and


(ii)  Aquatic goods produced in aquacultural operations;


(B)  Livestock, born or unborn, including aquatic goods produced in

aquacultural operations;

(C)  Supplies used or produced in a farming operation; or


(D)  Products of crops or livestock in their unmanufactured states.


(35)  Farming operation means raising, cultivating, propagating, fattening,

grazing, or any other farming, livestock, or aquacultural operation.

(36)  File number means the number assigned to an initial financing

statement pursuant to section 4-9-519 (a).

(37)  Filing office means an office designated in section 4-9-501 as the

place to file a financing statement.

(38)  Filing-office rule means a rule adopted pursuant to section 4-9-526.


(39)  Financing statement means a record or records composed of an initial

financing statement and any filed record relating to the initial financing statement.

(40)  Fixture filing means the filing of a financing statement covering goods

that are or are to become fixtures and satisfying section 4-9-502 (a) and (b). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.

(41)  Fixtures means goods that have become so related to particular real

property that an interest in them arises under real property law.

(42)  General intangible means any personal property, including things in

action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes controllable electronic records, payment intangibles, and software.

(43)  Good faith means honesty in fact and the observance of reasonable

commercial standards of fair dealing.

(44)  Goods means all things that are movable when a security interest

attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.

(45)  Governmental unit means a subdivision, agency, department, county,

parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.

(46)  Health-care-insurance receivable means an interest in or claim under

a policy of insurance that is a right to payment of a monetary obligation for health-care goods or services provided or to be provided.

(47)  Instrument means a negotiable instrument or any other writing that

evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property; (ii) letters of credit; (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card; or (iv) writings that evidence chattel paper.

(48)  Inventory means goods, other than farm products, which:


(A)  Are leased by a person as lessor;


(B)  Are held by a person for sale or lease or to be furnished under a contract

of service;

(C)  Are furnished by a person under a contract of service; or


(D)  Consist of raw materials, work in process, or materials used or consumed

in a business.

(49)  Investment property means a security, whether certificated or

uncertificated, security entitlement, securities account, commodity contract, or commodity account.

(50)  Jurisdiction of organization, with respect to a registered organization,

means the jurisdiction under whose law the organization is organized.

(51)  Letter-of-credit right means a right to payment or performance under

a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.

(52)  Lien creditor means:


(A)  A creditor that has acquired a lien on the property involved by

attachment, levy, or the like;

(B)  An assignee for benefit of creditors from the time of assignment;


(C)  A trustee in bankruptcy from the date of the filing of the petition; or


(D)  A receiver in equity from the time of appointment.


(53)  Manufactured home means a structure, transportable in one or more

sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph (53) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States secretary of housing and urban development and complies with the standards established under Title 42 of the United States Code.

(54)  Manufactured-home transaction means a secured transaction:


(A)  That creates a purchase-money security interest in a manufactured

home, other than a manufactured home held as inventory; or

(B)  In which a manufactured home, other than a manufactured home held as

inventory, is the primary collateral.

(54.5)  Money has the meaning in section 4-1-201 (b)(23), but does not

include a deposit account.

(55)  Mortgage means a consensual interest in real property, including

fixtures, which secures payment or performance of an obligation.

(56)  New debtor means a person that becomes bound as debtor under

section 4-9-203 (d) by a security agreement previously entered into by another person.

(57)  New value means (i) money, (ii) money's worth in property, services, or

new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

(58)  Noncash proceeds means proceeds other than cash proceeds.


(59)  Obligor means a person that, with respect to an obligation secured by

a security interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the obligation, (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.

(60)  Original debtor, except as used in section 4-9-310 (c), means a person

that, as debtor, entered into a security agreement to which a new debtor has become bound under section 4-9-203 (d).

(61)  Payment intangible means a general intangible under which the

account debtor's principal obligation is a monetary obligation. The term includes a controllable payment intangible.

(62)  Person related to, with respect to an individual, means:


(A)  The spouse of the individual;


(B)  A brother, brother-in-law, sister, or sister-in-law of the individual;


(C)  An ancestor or lineal descendant of the individual or the individual's

spouse; or

(D)  Any other relative, by blood or marriage, of the individual or the

individual's spouse who shares the same home with the individual.

(63)  Person related to, with respect to an organization, means:


(A)  A person directly or indirectly controlling, controlled by, or under

common control with the organization;

(B)  An officer or director of, or a person performing similar functions with

respect to, the organization;

(C)  An officer or director of, or a person performing similar functions with

respect to, a person described in subparagraph (A) of this paragraph (63);

(D)  The spouse of an individual described in subparagraph (A), (B), or (C) of

this paragraph (63); or

(E)  An individual who is related by blood or marriage to an individual

described in subparagraph (A), (B), (C), or (D) of this paragraph (63) and shares the same home with the individual.

(64)  Proceeds, except as used in section 4-9-609 (b), means the following

property:

(A)  Whatever is acquired upon the sale, lease, license, exchange, or other

disposition of collateral;

(B)  Whatever is collected on, or distributed on account of, collateral;


(C)  Rights arising out of collateral;


(D)  To the extent of the value of collateral, claims arising out of the loss,

nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or

(E)  To the extent of the value of collateral and to the extent payable to the

debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.

(65)  Promissory note means an instrument that evidences a promise to pay

a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.

(66)  Proposal means a record signed by a secured party which includes the

terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 4-9-620, 4-9-621, and 4-9-622.

(67)  Reserved.


(68)  Public organic record means a record that is available to the public for

inspection and is:

(A)  A record consisting of the record initially filed with or issued by a state or

the United States to form or organize an organization and any record filed with or issued by the state or the United States that amends or restates the initial record;

(B)  An organic record of a business trust consisting of the record initially

filed with a state and any record filed with the state that amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

(C)  A record consisting of legislation enacted by the legislature of a state or

the congress of the United States that forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the state or the United States that amends or restates the name of the organization.

(69)  Repealed.


(70)  Reserved.


(71)  Pursuant to commitment, with respect to an advance made or other

value given by a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event of default or other event not within the secured party's control has relieved or may relieve the secured party from its obligation.

(72)  Record, except as used in for record, of record, record or legal

title, and record owner, means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

(73)  Registered organization means an organization formed or organized

solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust's organic record be filed with the state.

(74)  Secondary obligor means an obligor to the extent that:


(A)  The obligor's obligation is secondary; or


(B)  The obligor has a right of recourse with respect to an obligation secured

by collateral against the debtor, another obligor, or property of either.

(75)  Secured party means:


(A)  A person in whose favor a security interest is created or provided for

under a security agreement, whether or not any obligation to be secured is outstanding;

(B)  A person that holds an agricultural lien;


(C)  A consignor;


(D)  A person to which accounts, chattel paper, payment intangibles, or

promissory notes have been sold;

(E)  A trustee, indenture trustee, agent, collateral agent, or other

representative in whose favor a security interest or agricultural lien is created or provided for; or

(F)  A person that holds a security interest arising under section 4-2-401, 4-2-505, 4-2-711 (3), 4-2.5-508 (5), 4-4-210, or 4-5-117.5.


(76)  Security agreement means an agreement that creates or provides for

a security interest.

(77)  Repealed.


(78)  Software means a computer program and any supporting information

provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.

(79)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(80)  Supporting obligation means a letter-of-credit right or secondary

obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.

(81)  Repealed.


(82)  Termination statement means an amendment of a financing statement

which:

(A)  Identifies, by its file number, the initial financing statement to which it

relates; and

(B)  Indicates either that it is a termination statement or that the identified

financing statement is no longer effective.

(83)  Transmitting utility means a person primarily engaged in the business

of:

(A)  Operating a railroad, subway, street railway, or trolley bus;


(B)  Transmitting communications electrically, electromagnetically, or by

light;

(C)  Transmitting goods by pipeline or sewer; or


(D)  Transmitting or producing and transmitting electricity, steam, gas, or

water.

(b)  Control as provided in section 4-7-106 and the following definitions in

other articles apply to this article 9:

ApplicantSection 4-5-102.


BeneficiarySection 4-5-102.


BrokerSection 4-8-102.


Certificated securitySection 4-8-102.


CheckSection 4-3-104.


Clearing corporationSection 4-8-102.


Contract for saleSection 4-2-106.


Controllable electronic recordSection 4-12-102.


CustomerSection 4-4-104.


Entitlement holderSection 4-8-102.


Financial assetSection 4-8-102.


Holder in due courseSection 4-3-302.


Issuer (with respect to a letter of credit or


letter-of-credit right)Section 4-5-102.


Issuer (with respect to a security)Section 4-8-201.


Issuer (with respect to documents of title)Section 4-7-102.


LeaseSection 4-2.5-103.


Lease agreementSection 4-2.5-103.


Lease contractSection 4-2.5-103.


Leasehold interestSection 4-2.5-103.


LesseeSection 4-2.5-103.


Lessee in ordinary course of businessSection 4-2.5-103.


LessorSection 4-2.5-103.


Lessor's residual interestSection 4-2.5-103.


Letter of creditSection 4-5-102.


MerchantSection 4-2-104.


Negotiable instrumentSection 4-3-104.


Nominated personSection 4-5-102.


NoteSection 4-3-104.


Proceeds of a letter of creditSection 4-5-114.


Protected purchaserSection 4-8-303.


ProveSection 4-3-103.


Qualifying purchaserSection 4-12-102.


SaleSection 4-2-106.


Securities accountSection 4-8-501.


Securities intermediarySection 4-8-102.


SecuritySection 4-8-102.


Security certificateSection 4-8-102.


Security entitlementSection 4-8-102.


Uncertificated securitySection 4-8-102.


(c)  Article 1 of this title contains general definitions and principles of

construction and interpretation applicable throughout this article.

Source: L. 2001: Entire article R&RE, p. 1313, � 1, effective July 1. L. 2002:

IP(a)(5) and (a)(46) amended, p. 937, � 1, effective August 7. L. 2004: (a)(77) amended, p. 1187, � 5, effective August 4. L. 2006: (a)(30) and (b) amended, p. 498, � 33, effective September 1. L. 2007: (b) amended, p. 376, � 30, effective August 3. L. 2012: (a)(7)(B), (a)(10), (a)(68), and (a)(73) amended and (a)(65) and (a)(66) added, (HB 12-1262), ch. 170, p. 595, � 1, effective July 1, 2013, and (a)(69)(B) added by revision, (HB 12-1262), ch. 170, pp. 595, 609, �� 1, 18. L. 2023: IP(a), (a)(2), (a)(3), (a)(4)(A), (a)(11), (a)(42), (a)(47), (a)(61), (a)(66), and (b) amended, (a)(7), (a)(31), (a)(77), and (a)(81) repealed, and (a)(7.3), (a)(7.5), (a)(27.5), (a)(27.7), and (a)(54.5) added, (SB 23-090), ch. 136, p. 539, � 42, effective August 7.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 2001. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Colorado legislative change: Colorado substituted the phrase Oil, gas,

minerals, or other substances of value that may be extracted from the earth for the phrase Oil, gas, or other minerals in subsection (a)(6) and added subsection (a)(8.5). Colorado added clause (ii) in subsection (a)(11), added subsection (a)(22.5), added the phrase except as used in section 4-9-310 (c), in subsection (a)(60), and added the phrase except as used in section 4-9-609 (b), in subsection (a)(64). Colorado reserved three definitional subsections, (a)(65) through (a)(67); all subsequent definitions are numbered correspondingly different from the uniform act. Colorado did not adopt the definition of a public finance transaction.

(3)  Subsections (65) and (66) are similar to subsections (68) and (69),

respectively, as they existed prior to 2012.

(4)  Subsection (a)(69)(B) provided for the repeal of subsection (69), effective

July 1, 2013. (See L. 2012, pp. 595, 609.)

Cross references: For offenses relating to account, see � 18-5-502.

C.R.S. § 40-3-121

40-3-121. Natural gas cost causation study - commission proceeding - reporting - repeal. (Repealed)

Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 716, � 4,

effective August 7.

Editor's note: Subsection (3) provided for the repeal of this section, effective

September 1, 2025. (See L. 2023, p. 716.)

ARTICLE 3.2

Air Quality Improvement Costs

PART 1

GENERAL PROVISIONS

40-3.2-101.  Legislative declaration. The general assembly hereby finds,

determines, and declares that cost-effective natural gas and electricity demand-side management programs will save money for consumers and utilities and protect Colorado's environment. The general assembly further finds, determines, and declares that providing funding mechanisms to encourage Colorado's public utilities to reduce emissions or air pollutants and to increase energy efficiency are matters of statewide concern and that the public interest is served by providing such funding mechanisms. Such efforts will result in an improvement in the quality of life and health of Colorado citizens and an increase in the attractiveness of Colorado as a place to live and conduct business.

Source: L. 98: Entire article added, p. 1050, � 3, effective July 1. L. 2007:

Entire section amended, p. 984, � 2, effective May 22.

40-3.2-101.5.  Definitions. As used in this article 3.2, unless the context

otherwise requires:

(1)  Air quality improvement costs means the incremental life-cycle costs

including capital, operating, maintenance, fuel, and financing costs incurred or to be incurred by a public utility at electric generating facilities located in Colorado. To account for the timing differences between various costs and revenue recovery, life-cycle costs shall be calculated using net present value analysis.

Source: L. 2025: Entire section added with relocations, (SB 25-275), ch. 377,

p. 2106, � 323, effective August 6.

Editor's note: This section is similar to � 40-3.2-102 (2) as it existed prior to

2025.

40-3.2-102.  Recovery of air quality improvement costs. (1)  A public utility

shall be entitled to fully recover from its retail customers the air quality improvement costs that it prudently incurs as a result of a voluntary agreement entered into pursuant to part 12 of article 7 of title 25, C.R.S., after July 1, 1998, except as provided in subsection (7) of this section.

(2)  Repealed.


(3)  Upon application by a public utility for cost recovery, the commission

shall determine an appropriate method of cost recovery that assures full cost recovery for the public utility. The air quality improvement costs recovered by the public utility shall not cause an average rate impact greater than the equivalent of one and one-half mills per kilowatt hour in any period, nor shall such costs exceed a total of two hundred eleven million dollars calculated using 1998 net present value dollars. The air quality improvement costs for a generating facility shall be recovered over a period of fifteen years or less.

(4)  Any revenues a public utility receives from transferring, selling, banking,

or otherwise using allowances established under Title IV of the federal Clean Air Act or under any other trading program of regional or national applicability shall be credited to the public utility's customers to offset air quality improvement costs if such revenues are a result of a voluntary agreement entered into under part 12 of article 7 of title 25, C.R.S.

(5)  To the extent that a voluntary agreement entered into under part 12 of

article 7 of title 25, C.R.S., does not increase the public utility's electric generating capacity, the voluntary agreement shall not be subject to any restrictions that arise from the commission's integrated resources planning rules.

(6)  The commission shall assure that any future industry restructuring does

not adversely affect the ability of the public utility to recover its air quality improvement costs. Nothing in this section shall prevent the commission from considering the appropriate value, including market value, of a public utility's generation assets in any future industry restructuring proceeding.

(7) (a)  If a public utility's wholesale sales are subject to regulation by the

federal energy regulatory commission and the public utility sells power on the wholesale market from generating facilities that are subject to a voluntary agreement under part 12 of article 7 of title 25, C.R.S., the public utilities commission shall determine whether to assign a portion of the air quality improvement costs to be recovered from the public utility's wholesale customers. The public utilities commission may assign a portion of the air quality improvement costs to the public utility's wholesale customers to the extent that such portion of such cost recovery does not conflict with the public utility's wholesale contracts entered into prior to April 1, 1998.

(b)  If the public utilities commission assigns a portion of the public utility's

air quality improvement costs to be recovered from the public utility's wholesale customers, the public utility may apply to the federal energy regulatory commission for recovery, effective on the date of filing, of the portion of costs assigned to the public utility's wholesale customers. The public utilities commission shall permit the public utility to recover the portion of costs assigned to the public utility's wholesale customers from its retail customers pending the federal energy regulatory commission's approval of recovery from the public utility's wholesale customers.

(c)  Notwithstanding paragraph (b) of this subsection (7), if the public utility

fails to apply to the federal energy regulatory commission within six months after the public utilities commission's final order assigning a portion of the air quality improvement costs to the public utility's wholesale customers or fails to make a diligent, good faith effort to persuade the federal energy regulatory commission to approve the cost recovery from the public utility's wholesale customers, the public utility shall not be entitled to recover said portion of the costs from its retail customers.

(d)  All revenues that a public utility receives from its wholesale customers

for air quality improvement costs shall be credited as an offset to the air quality improvement costs charged to the public utility's retail customers.

Source: L. 98: Entire article added, p. 1050, � 3, effective July 1. L. 2025: (2)

repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: Subsection (2) was relocated to � 40-3.2-101.5 in 2025.


40-3.2-103.  Gas distribution utility demand-side management programs -

recovery of costs - reports. (1) Commencing in 2022 and no less frequently than every four years thereafter, each investor-owned gas distribution utility, also referred to in this section as a gas utility, shall file an application to open a DSM strategic issues proceeding to develop energy savings targets to be achieved by the gas utility, taking into account its potential for cost-effective demand-side management as well as Colorado's greenhouse gas reduction goals. The commission shall, as part of approving a gas utility's gas DSM strategic issues application, also develop an estimated DSM budget commensurate with natural gas savings targets, funding and cost-recovery mechanisms, and a financial bonus structure for DSM programs implemented by a gas utility.

(2)  As part of the development of targets, mechanisms, and a bonus

structure required by subsection (1) of this section, the commission shall:

(a)  Adopt an estimated budget for DSM program expenditures

commensurate with the energy savings targets established by the commission;

(b)  Establish DSM program energy savings targets that are consistent with

achieving the greenhouse gas reduction targets in section 25-7-102 (2)(g), take into consideration new clean energy technologies as contemplated by section 40-2-123, and reflect the maximum cost-effective and achievable natural gas savings potential for the gas utility consistent with the needs of its full-service customers;

(c) (I) (A)  Adopt procedures for allowing gas utilities to recover their

prudently incurred costs of DSM programs without having to file a rate case. Such costs shall include, but are not limited to, facility investments; rebates; interest rate buy-downs; incremental labor costs, employee benefits, carrying costs, and employee-related administrative costs; and other administrative costs. All such costs shall be recovered through a cost adjustment mechanism that is set on an annual basis, or more frequently if deemed appropriate.

(B)  Labor costs shall reflect, and the commission shall require, compliance

with all applicable labor standards set forth in section 40-3.2-105.5.

(II)  Cost adjustment procedures shall give gas utilities the option of

obtaining cost recovery either through expensing DSM program expenditures or adding them to base rates, with an amortization period to be determined by the commission. In addition, such procedures shall provide that cost recovery for programs directed at residential customers are to be collected from residential customers only and that cost recovery for programs directed at nonresidential customers are to be collected from nonresidential customers only.

(d)  Adopt a bonus structure to reward gas utilities for investments in cost-effective DSM programs. For each year of operation, the bonus shall be capped at

twenty-five percent of the expenditures or twenty percent of the net economic benefits of the DSM programs, whichever amount is lower. The amount of the bonus awarded each year shall be determined based on the extent to which the gas utility has achieved the targets established by the commission in accordance with paragraphs (a) and (b) of this subsection (2). The bonus shall not count against a gas utility's authorized rate of return or be considered in rate proceedings.

(e)  Consider the fact that implementing the new DSM programs may require

a phase-in period before a gas utility is able to achieve the funding level determined by the commission pursuant to paragraph (a) of this subsection (2). A gas utility that implements a new DSM program in phases shall be eligible to receive a bonus under the bonus structure adopted pursuant to paragraph (d) of this subsection (2) during its phase-in period.

(f)  Not adopt any measure authorizing a financial penalty against a gas

utility that fails to meet the targets in any particular year.

(2.5)  For gas utilities with fewer than two hundred fifty thousand full-service

customers, the commission may establish energy savings targets, a budget for gas DSM program expenditures, funding and cost-recovery mechanisms, and a financial bonus structure in the same proceeding in which the utility's gas DSM program plan is submitted for approval.

(3)  After the development of the targets, mechanisms, and bonus structure

as described in subsection (1) of this section, each gas utility shall:

(a) (I)  Develop gas DSM program plans designed to meet or exceed the

energy savings targets established by the commission.

(II)  Gas DSM program plans may be combined with electric DSM program

plans, beneficial electrification plans, or other plans that reduce energy consumption or greenhouse gas emissions. Except as otherwise provided in subsections (3)(a)(III) and (3)(a)(IV) of this section, one or more of the gas DSM programs or measures, representing an aggregate total of at least twenty-five percent of overall residential gas DSM program expenditures, including expenditures serving income-qualified households, must be targeted to residential customers in income-qualified households.

(III)  In the case of a gas utility with fewer than fifty thousand full-service

customers, and except as otherwise provided in subsection (3)(a)(IV) of this section, one or more of the gas DSM programs or measures, representing an aggregate total of at least fifteen percent of overall residential gas DSM program expenditures, including expenditures serving income-qualified households, must be targeted to residential customers in income-qualified households.

(IV)  On or after January 1, 2026, the commission may commence proceedings

to adjust the percentage specified in subsection (3)(a)(II) or (3)(a)(III) of this section in light of changed circumstances, so long as the resulting percentages represent a significant portion of gas DSM program expenditures and continue to make progress toward achievement of Colorado's energy efficiency and greenhouse gas emission reduction goals.

(b)  In implementing approved DSM programs, use reasonable efforts to

maximize energy savings consistent with the annual energy efficiency budget.

(3.5) (a)  To meet the energy savings targets established by the commission

in accordance with this section, gas utilities shall consider including incentives for customers to utilize behind-the-meter thermal renewable sources. The commission shall not prohibit gas utilities from offering programs or incentives that encourage customers to replace gas-fueled appliances with efficient electric appliances.

(b)  The commission shall not require the removal of gas-fueled appliances or

equipment from an existing structure nor ban the installation of gas service lines to any new structure.

(4)  In implementing DSM programs, gas utilities may spend a

disproportionate share of total expenditures on one or more classes of customers.

(5) (a)  The commission shall authorize each gas utility to recover money

spent for education programs, impact and process evaluations, and program planning related to natural gas DSM programs offered by the gas utility without having to show that such expenditures, on an independent basis, are cost-effective. The commission may limit the amount spent for these activities.

(b) (I)  Upon petition by a regulated gas utility, the commission shall remove

disincentives to the implementation of effective gas DSM programs through the adoption of a rate adjustment mechanism that ensures that the revenue per customer approved by the commission in a general rate case proceeding is recovered by the gas utility without regard to the quantity of natural gas actually sold by the gas utility after the date the rate took effect. The commission shall separately calculate, for the rate class or classes to which a rate adjustment mechanism applies, the regulatory disincentives removed through that mechanism and collected or refunded by the gas utility through a tariff rider.

(II)  Removing disincentives through a rate adjustment mechanism adopted

pursuant to subsection (5)(b)(I) of this section does not preclude a gas utility from receiving a bonus pursuant to subsection (2)(d) of this section.

(III)  The commission shall not reduce a gas utility's return on equity based

solely on approval of a rate adjustment mechanism adopted pursuant to subsection (5)(b)(I) of this section.

(6) (a)  Gas utilities shall submit annual reports to the commission, as

determined by the commission by rule. The annual report shall describe the gas utility's DSM programs and shall document program expenditures, energy savings impacts and the techniques used to estimate these impacts, the estimated cost-effectiveness of program expenditures, and any other information the commission may require.

(b)  The commission shall review each report submitted pursuant to

paragraph (a) of this subsection (6) and shall determine the level of bonus, if any, that the gas utility is eligible to collect on the basis of the information included in the report. The commission's determination shall be made within three months after receiving the report. Any such bonus shall be authorized as a supplement to the cost adjustment mechanism or alternative mechanism approved by the commission and shall be applied over a twelve-month period after approval of the bonus.

(7)  Gas utilities may continue DSM programs that were in existence on or

before May 22, 2007, and shall not be required to obtain approval from the commission for such programs.

(8)  This section shall not be construed to extend the commission's authority

to any nonregulated utility businesses or affiliates of a gas utility.

Source: L. 2007: Entire section added, p. 984, � 3, effective May 22. L. 2021:

(1), IP(2), (2)(a), (2)(b), (2)(c)(I), (3), and (5) amended and (2.5) and (3.5) added, (HB 21-1238), ch. 330, p. 2133, � 4, effective September 7.

Cross references: (1)  For the definition of DSM programs, see � 40-1-102.


(2)  For the legislative declaration in HB 21-1238, see section 1 of chapter

330, Session Laws of Colorado 2021.

40-3.2-104.  Electricity utility demand-side management programs - rules -

annual report - definition. (1) It is the policy of the state of Colorado that a primary goal of electric utility least-cost resource planning is to minimize the net present value of revenue requirements. The commission may adopt rules as necessary to implement this policy.

(2) (a)  The commission shall establish energy savings and peak demand

reduction goals to be achieved by an investor-owned electric utility, taking into account the utility's cost-effective demand-side management potential, the need for electricity resources, the benefits of demand-side management investments, and other factors as determined by the commission.

(b)  The energy savings and peak demand reduction goals must be at least

five percent of the utility's retail system peak demand, measured in megawatts, in the base year and at least five percent of the utility's retail energy sales, measured in megawatt-hours, in the base year. The base year is 2006. The goals shall be met in 2018, counting savings in 2018 from demand-side management measures installed starting in 2006. The commission may establish interim goals and may revise the goals as it deems appropriate.

(c)  Commencing January 1, 2019, the energy savings and peak demand

reduction goals must be at least five percent of the utility's retail system peak demand, measured in megawatts, in the base year and at least five percent of the utility's retail energy sales, measured in megawatt-hours, in the base year. The base year is 2018. The goals shall be met in 2028, counting savings in 2028 from demand-side management measures installed starting in 2019. The commission may establish interim goals and may revise the goals as it deems appropriate.

(3)  The commission shall permit electric utilities to implement cost-effective

electricity DSM programs to reduce the need for additional resources that would otherwise be met through a competitive acquisition process.

(4)  The commission shall ensure that utilities develop and implement DSM

programs that give all classes of customers an opportunity to participate and shall give due consideration to the impact of DSM programs on nonparticipants and on low-income customers.

(5)  The commission shall allow an opportunity for a utility's investments in

cost-effective DSM programs to be more profitable to the utility than any other utility investment that is not already subject to special incentives. In complying with this subsection (5), the commission shall consider, without limitation, the following incentive mechanisms, which shall take into consideration the performance of the DSM program:

(a)  An incentive to allow a rate of return on demand-side management

investments that is higher than the utility's rate of return on other investments;

(b)  An incentive to allow the utility to accelerate the depreciation or

amortization period for demand-side management investments;

(c)  An incentive to allow the utility to retain a portion of the net economic

benefits associated with a DSM program for its shareholders;

(d)  An incentive to allow the utility to collect the costs of DSM programs

through a cost adjustment clause;

(e)  Other incentive mechanisms that the commission deems appropriate.


(6)  Each investor-owned electric utility shall submit an annual report to the

commission describing the DSM programs implemented by the electric utility in the previous year. The report shall document the following:

(a)  Program expenditures, including incentive payments;


(b)  Peak demand and energy savings impacts and the techniques used to

estimate those impacts;

(c)  Avoided costs and the techniques used to estimate those costs;


(d)  The estimated cost-effectiveness of the DSM programs;


(e)  The net economic benefits of the DSM programs; and


(f)  Any other information required by the commission.


(7)  For purposes of this section, electric utility or utility means investor-owned utility.


Source: L. 2007: Entire section added, p. 984, � 3, effective May 22; (7)

added, p. 1172, � 3, effective May 23. L. 2017: (2) amended, (HB 17-1227), ch. 209, p. 813, � 1, effective August 9. L. 2020: (5)(a) and (5)(b) amended, (HB 20-1402), ch. 216, p. 1059, � 72, effective June 30.

Cross references: For the definition of DSM programs, see � 40-1-102.


40-3.2-104.3.  Eliminating incentives for gas service to properties - gas line

extension allowances - exemptions - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Applicant means a person that requests natural gas service and that

owns the real property requiring the service. Applicant includes a developer, builder, legal entity, or other person that has legal authority over the property.

(b)  Dual-fuel utility means a utility that offers its customers both electric

and gas service.

(c)  Gas utility means a gas utility that the commission regulates with

respect to rates and charges.

(d)  Line extension allowance means a bundle of costs that includes

construction allowances for new service lines, meters, and other infrastructure associated with the addition of a new customer to a gas utility's distribution system.

(2) (a)  A gas utility shall not provide an applicant an incentive, including a

line extension allowance, to establish gas service to a property.

(b)  The commission may require a dual-fuel utility to provide its customers

that receive gas and electric service from the utility with relevant information regarding options for switching to high-efficiency electric space heating or water heating, including:

(I)  A list of appliances for which the utility provides incentives or rebates; and


(II)  For existing or prospective customers that are government entities, a

cost-benefit analysis of electrification options that includes up-front and lifetime costs, which analysis must take into account available incentives and rebates and use a reasonable cost that reflects gas price volatility.

(c)  On or before December 31, 2023, each gas utility shall file with the

commission an updated tariff to reflect the removal of any incentives for an applicant to establish gas service to a property.

(d)  Notwithstanding subsection (2)(c) of this section, a utility may exempt

from the updated tariff any applicant that:

(I)  Has already submitted an application that has been approved or is

pending as of August 7, 2023;

(II)  Can demonstrate or attest that the applicant has submitted a permit

application to the local government with permitting authority in the location of the property and that the application is either approved or pending as of August 7, 2023; or

(III)  Can demonstrate or attest that the applicant has submitted to a local

government a site development plan or plat that is either approved or pending as of August 7, 2023; except that an applicant that has submitted a site development plan or plat for which a permit application to the local government has not been approved on or before December 31, 2024, is not exempt.

Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 717, � 5,

effective August 7.

40-3.2-104.4.  Colorado energy office gas investment asset depreciation

study - third-party evaluation - commission rules. (1) (a) On or before July 1, 2024, the Colorado energy office created in section 24-38.5-101 (1) shall contract with an independent third party to evaluate the risk of stranded or underutilized natural gas infrastructure investments and the annual projected rate impact on ratepayers.

(b)  The evaluation must take into account:


(I)  Any projected decline in gas sales;


(II)  The decline in the number of gas customers; and


(III)  Measures to achieve the greenhouse gas emission reduction goals set

forth in section 25-7-102 (2)(g).

(c)  The independent third party shall conduct an analysis of, and include

policy recommendations related to, the potential impacts of stranded or underutilized natural gas infrastructure on utility employees who work for, or contract workers who perform work for, investor-owned gas utilities. In conducting the study, the independent third party shall consult with appropriate labor organizations that represent utility employees who work for, and contract workers who perform work for, investor-owned gas utilities and other relevant stakeholders.

(2)  After the independent third-party evaluation described in subsection (1)

of this section is completed, the Colorado energy office shall submit a written copy of the findings and conclusions of the evaluation to the commission. The commission shall review the evaluation and consider whether any changes to rules or depreciation schedules are warranted.

(3) (a)  An investor-owned gas utility shall provide as part of any gas

infrastructure plan, or as otherwise directed by the commission, a map showing system-wide locations, ages, and materials or types of gas distribution system pipes, consistent with 49 CFR 191 and section 40-2-115 (1)(d).

(b)  As part of the filing, the investor-owned gas utility shall also provide

information about pipes that may need to be upgraded or replaced within ten years after the date that the utility files the plan, unless otherwise directed by the commission.

(c)  The commission shall ensure that the content of the map provided to the

commission and sharing procedures are in compliance with the parameters related to critical infrastructure reporting standards of the California Institute for Energy and Environment, or its successor organization, and the safety and system integrity standards of the American Petroleum Institute, or its successor organization.

(d) (I)  An investor-owned gas utility may designate any map or associated

information provided pursuant to this subsection (3) as containing critical infrastructure information. If the commission determines that the designated map or associated information does not contain critical infrastructure information, the investor-owned gas utility may appeal the commission's determination in a court of competent jurisdiction by filing the appeal within ten days after the commission's determination.

(II)  If the commission determines that the disclosure of the designated map

or associated information may expose or create vulnerability to critical infrastructure facilities or systems, the commission:

(A)  Shall limit access to the designated map or associated information to

individuals at state agencies that are parties to the proceeding in which the map or associated information was provided; and

(B)  Except as provided in subsection (3)(d)(II)(A) of this section, shall not

provide the designated map or associated information to any persons and may order the investor-owned gas utility to provide a public redacted version of the map or associated information that includes a general description of the information without detailed location information.

(III)  A custodian, as defined in section 24-72-202 (1.1), shall not release a map

or associated information for which the commission has limited access pursuant to subsection (3)(d)(II) of this section in response to any request to inspect public records pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24.

Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 718, � 5,

effective August 7.

40-3.2-104.5.  Customer disconnection from investor-owned gas utility

service - rules. (1) An investor-owned gas utility shall not penalize or charge a fee to a customer that voluntarily terminates gas service. Once a customer has terminated the investor-owned utility's gas service, the utility shall not continue to charge the customer any fees. Any costs associated with termination shall be considered part of general distribution system investments and are eligible for cost recovery.

(2)  The commission may adopt rules to establish standards for a customer's

voluntary disconnection from an investor-owned gas utility's gas distribution system. If the commission adopts the disconnection rules, the commission must consider:

(a)  The health and safety risks related to the customer no longer using the

gas distribution system;

(b)  The cost effectiveness of the method of disconnection;


(c)  The use of, or requiring the installation of, shut-off valves or pipeline caps

as an option in lieu of potentially more cost-prohibitive excavation or construction activities to remove existing gas infrastructure;

(d)  The impact on staffing, including any requirements and procedures for

utility employees and contract workers;

(e)  The impact on critical repairs, scheduled maintenance, leak mitigation,

and other related activities; and

(f)  Any other consideration that the commission deems appropriate.


(3)  Nothing in this section shall be construed to mean that a utility cannot

charge an individual customer for excavation or construction activities to remove existing gas infrastructure if the customer has declined the more cost-effective methods to disconnect service.

Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 720, � 5,

effective August 7.

40-3.2-104.6.  Commission study on beneficial electrification - repeal.

(Repealed)

Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 721, � 5,

effective August 7.

Editor's note: Subsection (4) provided for the repeal of this section, effective

September 1, 2025. (See L. 2023, p. 721.)

40-3.2-105.  Reporting requirement. (Repealed)


Source: L. 2007: Entire section added, p. 984, � 3, effective May 22. L. 2017:

Entire section repealed, (SB 17-044), ch. 4, p. 8, � 6, effective August 9.

40-3.2-105.5.  Labor standards for gas DSM projects. (1)  This section

applies to all necessary plumbing, mechanical, and electrical work performed in connection with a project undertaken pursuant to a gas DSM program under this article 3.2 and for which a customer of an investor-owned utility applies for a rebate directly from the utility.

(2)  When practicable, the utility may assign its own employees to perform

the work, subject to state licensing requirements and all applicable state and local rules, codes, and standards.

(3) (a)  The utility shall make use of a list, referred to in this section as the

certified contractor list, containing the names and contact information of:

(I)  Qualified contractors that participate in apprenticeship programs that:


(A)  Are registered with the United States department of labor's office of

apprenticeship or with a state apprenticeship agency recognized by the United States department of labor; and

(B)  Have been providing training for at least six months; and


(II)  Qualified mechanical, electrical, and plumbing contractors that

participate in apprenticeship programs meeting the standards specified in section 24-92-115 (1)(a)(II).

(b)  The Colorado department of labor and employment shall oversee the

compilation of the certified contractor list through one of the following methods:

(I)  Directing the state apprenticeship agency recognized by the United

States department of labor, if available, to assemble the information; or

(II)  Establish an application process whereby contractors would apply for

inclusion in the list and provide evidence, in a form satisfactory to the department, that each applicant meets the criteria set forth in subsection (3)(a) of this section.

(c)  The utility shall publish the certified contractor list on its website and

include or reference the list in all of the utility's relevant marketing material for gas DSM programs.

(d)  In addition to the certified contractor list, each investor-owned gas utility

shall require its residential customers to use licensed plumbing and electrical contractors that perform the type of work appropriate to residential gas DSM installations for participation in gas DSM programs where a rebate is paid directly to the customer after the installation is complete and the customer uses a contractor.

(4)  The following requirements apply to gas DSM projects in new or existing

buildings:

(a)  For plumbing, mechanical, or electrical projects undertaken by a

commercial or industrial customer in a building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the customer as part of a gas DSM program, the utility shall condition payment of the rebate on the customer's exclusive use of contractors from the certified contractor list unless the work is done by employees of the utility.

(b) (I)  For plumbing, mechanical, or electrical projects that involve energy

efficiency improvements to central building systems in a multifamily building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a gas DSM program, the utility shall condition payment of the rebate on the building owner's exclusive use of contractors that participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the customer is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b).

(II)  This subsection (4)(b) does not apply to a gas DSM project that is limited

to in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.

(5) (a)  For a plumbing, mechanical, or electrical project in a new or existing

industrial, commercial, or multifamily residential building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a gas DSM program, a utility shall not issue any rebates or incentives unless the lead general contractor performing the work for the project signs a notarized affidavit under penalty of perjury stating that all of the requirements of this section have been met and provides the signed affidavit to the sponsoring utility. The affidavit must:

(I)  Identify the contractors or subcontractors that will be used for all

mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;

(II)  Certify that all firms identified participate in apprenticeship programs

registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor and have a proven record of graduating apprentices as follows:

(A)  Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen

percent of its apprentices for at least three of the past five years;

(B)  Beginning July 1, 2026, through June 30, 2031, a minimum of twenty

percent of its apprentices for at least three of the past five years; and

(C)  Beginning July 1, 2031, and each year thereafter, a minimum of thirty

percent of its apprentices for at least three of the past five years; and

(III)  Supply supporting documentation from the United States department of

labor's office of apprenticeship or state apprenticeship agency verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.

(b)  The utility must maintain a database of the information contained in the

affidavit for each project awarded a rebate or incentive.

(c)  This subsection (5) does not apply to a gas DSM program that is limited to

in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.

(6) (a)  To ensure compliance with the requirements of subsection (5) of this

section, the general contractor or other firm to which the contract is awarded must agree to provide additional documentation to the participating utility offering the rebate or incentive regarding the requirements for affected apprenticeship training programs specified in subsection (5)(a) of this section.

(b)  If the utility offering the rebate or incentive determines that a

mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented its qualifications as required to comply with this section in the contract, the utility shall direct the contractor to terminate the subcontractor contract immediately, and the subcontractor shall immediately be removed from the public project. The utility may also debar the offending subcontractors from future participation in rebates or incentive programs established under this section.

(c)  If, after issuing a rebate or incentive pursuant to this section, a utility

determines that a contractor or subcontractor has willfully violated any requirement of this section, the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.

(d)  A utility must maintain a list of contractors and subcontractors that have

willfully falsified documentation or willfully misrepresented their qualifications or that are debarred from receiving future rebates or incentives and make that list available to their customers on its website.

(7) (a)  The utility that offers the rebate or incentive pursuant to this section

must establish periodic audits of the qualifying rebates that represent the highest two percent of rebates issued by dollar amount at least every three years to ensure that the contractors or subcontractors maintain compliance with this section.

(b)  If the audit determines that there were willful violations of this section,

the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.

Source: L. 2021: Entire section added, (HB 21-1238), ch. 330, p. 2135, � 5,

effective September 7. L. 2023: (3)(a)(I)(A), (3)(b)(I), and (4)(b)(I) amended, (SB 23-051), ch. 37, p. 151, � 36, effective March 23; (5), (6), and (7) added, (SB 23-292), ch. 247, p. 1362, � 7, effective January 1, 2024.

Cross references: For the legislative declaration in HB 21-1238, see section 1

of chapter 330, Session Laws of Colorado 2021.

40-3.2-105.6.  Labor standards for beneficial electrification projects. (1)

This section applies to all necessary mechanical, plumbing, and electrical work performed in connection with a project undertaken pursuant to a beneficial electrification program under this article 3.2 and for which a customer of an investor-owned electric utility applies for a rebate directly from the utility.

(2)  When practicable, the utility may assign its own employees to perform

the work, subject to state licensing requirements and all applicable state and local rules, codes, and standards.

(3) (a)  The utility shall obtain from the Colorado department of labor and

employment and shall make use of a list, referred to in this section as the certified contractor list, containing the names and contact information of:

(I)  Qualified contractors that participate in apprenticeship programs that are

registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by the United States department of labor; and

(II)  Qualified mechanical, electrical, and plumbing contractors that meet the

graduation standards specified in section 24-92-115 (1)(a)(II).

(b)  The utility shall publish the certified contractor list on its website and

include or reference the list in all of the utility's relevant marketing material for beneficial electrification programs.

(c)  As a condition for customer participation in beneficial electrification

programs where a rebate is paid directly to the customer after installation is complete, each investor-owned electric utility shall require its residential customers to verify that they used licensed electricians and plumbers or properly supervised apprentices on all plumbing and electrical work performed by a contractor on residential installations that qualify for a beneficial electrification rebate.

(4)  The following requirements apply to beneficial electrification projects in

new or existing industrial, commercial, or multifamily residential buildings:

(a)  For plumbing, mechanical, or electrical projects undertaken by a

commercial or industrial customer in a building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the customer as part of a beneficial electrification program, the utility shall condition payment of the rebate on the customer's exclusive use of contractors from the certified contractor list unless the work is done by employees of the utility.

(b) (I)  For plumbing, mechanical, or electrical projects that involve the

beneficial electrification of central building systems in a multifamily building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a beneficial electrification program, the utility shall condition payment of the rebate on the building owner's exclusive use of contractors that participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the building owner is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b).

(II)  This subsection (4)(b) does not apply to a beneficial electrification project

that is limited to in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.

(5) (a)  For a beneficial electrification project in a new or existing industrial,

commercial, or multifamily residential building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of the beneficial electrification program, a utility shall not issue any rebates or incentives unless the lead general contractor performing the work for the project signs a notarized affidavit under penalty of perjury stating that all of the requirements of this section have been met and provides the signed affidavit to the sponsoring utility. The affidavit must:

(I)  Identify the contractors or subcontractors that will be used for all

mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;

(II)  Certify that all firms identified participate in apprenticeship programs

registered with the United States department of labor's office of apprenticeship or state apprenticeship agencies recognized by the United States department of labor and have a proven record of graduating apprentices as follows:

(A)  Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen

percent of its apprentices for at least three of the past five years;

(B)  Beginning July 1, 2026, through June 30, 2031, a minimum of twenty

percent of its apprentices for at least three of the past five years; and

(C)  Beginning July 1, 2031, and each year thereafter, a minimum of thirty

percent of its apprentices for at least three of the past five years; and

(III)  Supply supporting documentation from the United States department of

labor's office of apprenticeship or state apprenticeship agency verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.

(b)  The utility must maintain a database of the information contained in the

affidavit for each project awarded a rebate or incentive.

(c)  This subsection (5) does not apply to a beneficial electrification project

that is limited to in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.

(6) (a)  To ensure compliance with the requirements of subsection (5) of this

section, the general contractor or other firm to which the contract is awarded must agree to provide additional documentation to the participating utility offering the rebate or incentive regarding the requirements for affected apprenticeship training programs specified in subsection (5)(a) of this section.

(b)  If the utility offering the rebate or incentive determines that a

mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented its qualifications as required to comply with this section in the contract, the utility shall direct the contractor to terminate the subcontractor contract immediately, and the subcontractor must immediately be removed from the public project. The utility may debar the offending subcontractors from future participation in rebate or incentive programs established under this section.

(c)  If, after issuing a rebate or incentive pursuant to this section, a utility

determines that a contractor or subcontractor has willfully violated any requirement of this section, the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.

(d)  A utility shall maintain a list of contractors and subcontractors that have

willfully falsified documentation or willfully misrepresented their qualifications or that are debarred from receiving future rebates or incentives and make that list available to their customers on its website.

(7) (a)  The utility that offers the rebate or incentive pursuant to this section

must establish periodic audits of the qualifying rebates that represent the highest two percent of rebates issued by dollar amount at least every three years to ensure that the contractors or subcontractors maintain compliance with this section.

(b)  If the audit determines that there were willful violations of this section,

the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.

Source: L. 2021: Entire section added, (SB 21-246), ch. 283, p. 1677, � 5,

effective September 7. L. 2023: (3)(a)(I) and (4)(b)(I) amended, (SB 23-051), ch. 37, p. 152, � 37, effective March 23; (5), (6), and (7) added, (SB 23-292), ch. 247, p. 1364, � 8, effective January 1, 2024.

Cross references: For the legislative declaration in SB 21-246, see section 1

of chapter 283, Session Laws of Colorado 2021.

40-3.2-105.7.  Labor standards for state thermal energy network and

thermal energy system projects - definitions. (1) Any thermal energy network or thermal energy system project that an agency of government or a state institution of higher education procures and that is a public project must comply with:

(a)  The apprenticeship utilization requirements set forth in section 24-92-115

if the estimated contract cost for the public project is one million dollars or more; and

(b)  Part 2 of article 92 of title 24 concerning prevailing wages for public

projects if the estimated contract cost for the public project is five hundred thousand dollars or more.

(2)  Any thermal energy network or thermal energy system plumbing and

electrical work performed in the state shall:

(a)  Be performed by licensed plumbers, licensed electricians, or supervised

apprentices at a ratio no greater than three apprentices for each licensed master or journeyworker plumber or master or journeyman electrician, as required pursuant to section 12-115-115 (1) or 12-155-124 (1); and

(b)  Be installed in compliance with

C.R.S. § 5-1-301

5-1-301. General definitions. In addition to definitions appearing in subsequent articles, as used in this code, unless the context otherwise requires:

(1)  Actuarial method means the method, defined by rules promulgated by

the administrator in accordance with article 4 of title 24, C.R.S., of allocating payments made on a debt between the amount financed and finance charge pursuant to which a payment is applied first to the accumulated finance charge and the balance subtracted from, or any deficiency is added to, the unpaid balance of the amount financed.

(2)  Administrator means the administrator designated in section 5-6-103.


(3)  Agreement means the bargain of the parties in fact as found in their

language or by implication from other circumstances including course of dealing or usage of trade or course of performance.

(4)  Agricultural purpose means a purpose related to the production,

harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures the agricultural products. Agricultural products includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof.

(5)  Amount financed means the total of the following items to the extent

that payment is deferred:

(a)  In the case of a sale:


(I)  The cash price of the goods, services, or interest in land, less the amount

of any down payment whether made in cash or in property traded in; and

(II)  The amount actually paid or to be paid by the seller pursuant to an

agreement with the buyer to discharge a security interest in or a lien on property traded in;

(b)  In the case of a loan:


(I)  The net amount paid to, receivable by, or paid or payable for the account

of the debtor; and

(II)  The amount of any discount excluded from the finance charge described

in paragraph (c) of subsection (20) of this section; and

(c)  In the case of a sale or loan, to the extent that payment is deferred and

the amount is not otherwise included in the cash price:

(I)  Any applicable sales, use, excise, or documentary stamp taxes;


(II)  Amounts actually paid or to be paid by the creditor for registration,

certificate of title, or license fees; and

(III)  Additional charges permitted by this code described in section 5-2-202.


(6)  Business day means any calendar day except Sunday, New Year's day,

the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Juneteenth, Independence day, Labor day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving day, and Christmas day.

(7) (a)  Cash price means, except as the administrator may otherwise

prescribe by rule promulgated in accordance with article 4 of title 24, C.R.S., the price at which goods, services, or an interest in land is offered for sale by the seller to cash buyers in the ordinary course of business and may include the cash price of accessories or related services such as delivery, installation, servicing, repairs, alterations, modifications, and improvements and, if individually itemized, may also include:

(I)  Applicable sales, use, and excise and documentary stamp taxes; and


(II)  Amounts actually paid or to be paid by the seller for registration,

certificate of title, or license fees.

(b)  The cash price stated by the seller to the buyer pursuant to the provisions

on disclosure contained in section 5-3-101 is presumed to be the cash price.

(8)  Closing costs with respect to a debt secured by an interest in land

includes:

(a)  Fees or premiums for title examination, title insurance, or similar

purposes including surveys;

(b)  Fees for preparation of a deed, settlement statement, or other

documents;

(c)  Escrows for future payments of taxes and insurance;


(d)  Fees for notarizing deeds and other documents;


(e)  Appraisal fees; and


(f)  Credit reports.


(9)  Conspicuous means a term or clause that is so written that a

reasonable person against whom it is to operate ought to have noticed it. Whether a term or clause is conspicuous or not is for decision by the court. A printed heading in capitals (as: WARRANTY) is conspicuous, and language in the body of the form is conspicuous if it is in larger or other contrasting type or color. In a telegram, any stated term is conspicuous.

(10)  Consumer means a person other than an organization who is the buyer,

lessee, or debtor to whom credit is granted in a consumer credit transaction.

(11) (a)  Consumer credit sale means, except as provided in paragraph (b) of

this subsection (11), a sale of goods, services, a mobile home, or an interest in land in which:

(I)  Credit is granted or arranged by a person who regularly engages as a

seller in credit transactions of the same kind or pursuant to a seller credit card;

(II)  The buyer is a person other than an organization;


(III)  The goods, services, mobile home, or interest in land are purchased

primarily for a personal, family, or household purpose;

(IV)  Either the debt is by written agreement payable in installments or a

finance charge is made; and

(V)  With respect to a sale of goods or services, the amount financed does not

exceed seventy-five thousand dollars.

(a.5)  Consumer credit sale includes the recoverable expense of educating

and training a worker pursuant to section 8-2-113 (3)(a).

(b)  Unless the sale is made subject to this code by section 5-2-501,

consumer credit sale does not include:

(I)  A sale in which the seller allows the buyer to purchase goods or services

pursuant to a lender credit card or similar arrangement;

(II) (A)  Except as required by the federal Truth in Lending Act or the federal

Consumer Leasing Act with respect to disclosure contained in section 5-3-101 and consumers' remedies for transactions secured by interests in land as contained in section 5-5-204, a sale of a mobile home or a sale of an interest in land if the finance charge does not exceed twelve percent per year calculated according to the actuarial method on the unpaid balances of the amount financed on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term or, notwithstanding the rate of the finance charge with respect to the sale of an interest in land, the sale is secured by a first mortgage or deed of trust lien against a dwelling to finance the acquisition of that dwelling.

(B)  For the purposes of this subparagraph (II), dwelling means any

improved real property or portion thereof that is used or intended to be used as a residence and contains not more than four dwelling units, and first mortgage or deed of trust means a mortgage or deed of trust having priority as a lien over the lien of any other mortgage or deed of trust on the same dwelling and subject to the lien of taxes levied on that dwelling.

(III)  A sale for a business, investment, or commercial purpose; or


(IV)  A sale primarily for an agricultural purpose.


(12)  Consumer credit transaction means a consumer credit sale or

consumer loan, or a refinancing or consolidation thereof, or a consumer lease.

(13)  Consumer insurance premium loan means a consumer loan that:


(a)  Is made for the sole purpose of financing the payment by or on behalf of

an insured of the premium on one or more policies or contracts issued by or on behalf of an insurer;

(b)  Is secured by an assignment by the insured to the lender of the unearned

premium on the policy or contract; and

(c)  Contains an authorization to cancel the policy or contract so financed.


(14) (a)  Consumer lease means a lease of goods and includes any insurance

incidental to the lease and any other services merely incidental to upkeep or repair of the goods:

(I)  That a lessor regularly engaged in the business of leasing makes to a

person, other than an organization, who takes under the lease primarily for a personal, family, or household purpose;

(II)  In which the amount payable under the lease does not exceed seventy-five thousand dollars; and


(III)  That is for a term exceeding four months.


(b)  Consumer lease does not include a lease made pursuant to a lender

credit card or similar arrangement.

(15) (a)  Except as provided in paragraph (b) of this subsection (15) and except

with respect to a loan primarily secured by an interest in land as defined in subsection (26) of this section, consumer loan means a loan made or arranged by a person regularly engaged in the business of making loans in which:

(I)  The consumer is a person other than an organization;


(II)  The debt is incurred primarily for a personal, family, or household

purpose;

(III)  Either the debt is by written agreement payable in installments or a

finance charge is made; and

(IV)  Either the principal does not exceed seventy-five thousand dollars or the

debt is secured by an interest in land.

(a.5)  Consumer loan includes the recoverable expense of educating and

training a worker pursuant to section 8-2-113 (3)(a).

(b)  Unless the loan is made subject to this code by an agreement described

in section 5-2-501, consumer loan does not include:

(I)  A loan for a business, investment, or commercial purpose;


(II)  A loan primarily for an agricultural purpose; or


(III)  A reverse mortgage as defined in section 11-38-102, C.R.S.


(c)  Unless the loan is made subject to this code by an agreement described

in section 5-2-501 and except as provided with respect to the disclosure described in section 5-3-101, consumers' remedies for transactions secured by interests in land as described in section 5-5-204, and powers and functions of the administrator under part 1 of article 6 of this title, consumer loan does not include a loan primarily secured by an interest in land as defined in subsection (26) of this section.

(16)  Credit means the right granted by a creditor to a consumer to defer

payment of debt or to incur debt and defer its payment.

(16.5)  Credit card means a lender credit card or a seller credit card, except

as otherwise provided in this code.

(17)  Creditor means the seller, lessor, lender, or person who makes or

arranges a consumer credit transaction and to whom the transaction is initially payable, or the assignee of a creditor's right to payment, but use of the term does not in itself impose on an assignee any obligation of his or her assignor. In case of credit granted pursuant to a credit card, creditor means the card issuer and not another person honoring the credit card.

(18)  Dwelling means a residential structure or mobile home that contains

one to four family housing units or individual units of condominiums or cooperatives.

(19)  Earnings means compensation paid or payable to an individual or for

the individual's account for personal services rendered or to be rendered by the individual, whether denominated as wages, salary, fees, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program.

(20)  Finance charge means:


(a)  The sum of all charges payable directly or indirectly by the consumer and

imposed directly or indirectly by the creditor as an incident to or as a condition of the extension of credit, whether paid or payable by the consumer, the creditor, or any other person on behalf of the consumer to the creditor or to a third party, including any of the following types of charges that are applicable:

(I)  Interest or any amount payable under a point, discount, or other system of

charges, however denominated;

(II)  Time-price differential, credit service, service, carrying, or other charge,

however denominated;

(III)  Premium, or other charge for any guarantee or insurance protecting the

creditor against the consumer's default or other credit loss; and

(IV)  Charges incurred for investigating the collateral or credit-worthiness of

the consumer or for commissions or brokerage for obtaining the credit.

(b)  The term does not include charges as a result of default described in

section 5-3-302, additional charges described in section 5-2-202, delinquency charges described in section 5-2-203, or deferral charges described in section 5-2-204.

(c)  If a creditor makes a loan to a consumer by purchasing or satisfying

obligations of the consumer pursuant to a credit card or similar arrangement and the purchase or satisfaction is made at less than the face amount of the obligation, the discount is not part of the finance charge.

(21)  Goods includes goods not in existence at the time the transaction is

entered into and merchandise certificates but excludes money, chattel paper, documents of title, and instruments.

(22)  Investment purpose means that the primary purpose of the credit sale

or loan is for future financial gain rather than for a present personal, family, or household use.

(23)  Lender includes an assignee of the lender's right to payment, unless

otherwise provided in this code, but use of the term does not in itself impose on an assignee any obligation of the lender with respect to events occurring before the assignment.

(24)  Lender credit card or similar arrangement means an arrangement or

loan agreement, other than a seller credit card, pursuant to which a lender gives a consumer the privilege of using a credit card, letter of credit, or other credit confirmation or identification in transactions out of which debt arises:

(a)  By the lender's honoring a draft or similar order for the payment of money

drawn or accepted by the consumer;

(b)  By the lender's payment or agreement to pay the consumer's obligations;

or

(c)  By the lender's purchase from the obligee of the consumer's obligations.


(25)  Loan includes:


(a)  Except as otherwise provided in paragraph (b) of this subsection (25):


(I)  The creation of debt by the lender's payment of or agreement to pay

money to the consumer or to a third party for the account of the consumer;

(II)  The creation of debt by a credit to an account with the lender upon which

the consumer is entitled to draw immediately;

(III)  The creation of debt pursuant to a lender credit card in any manner,

including a cash advance or the card issuer's honoring a draft or similar order for the payment of money drawn or accepted by the consumer, paying or agreeing to pay the consumer's obligation, or purchasing or otherwise acquiring the consumer's obligation from the obligee or his or her assignees;

(IV)  The forbearance of debt arising from a loan; and


(V)  The creation of debt by a cash advance to a consumer pursuant to a

seller credit card.

(b)  Loan does not include:


(I)  A card issuer's payment or agreement to pay money to a third person for

the account of a consumer if the debt of the consumer arises from a sale or lease and results from use of a seller credit card; or

(II)  The forbearance of debt arising from a sale or lease.


(26) (a)  Loan primarily secured by an interest in land means a consumer

loan secured by a mobile home or primarily secured by an interest in land if, at the time the loan is made the value of the collateral is substantial in relation to the amount of the loan, and:

(I)  The rate of the finance charge does not exceed twelve percent per year

calculated according to the actuarial method on the unpaid balances of the principal on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term; or

(II)  Notwithstanding the rate of the finance charge, and other than a

precomputed loan as defined in subsection (35) of this section, the loan is secured by a first mortgage or deed of trust lien against a dwelling to:

(A)  Finance the acquisition of that dwelling; or


(B)  To refinance, by amendment, payoff, or otherwise, an existing loan made

to finance the acquisition of that dwelling, including a refinance loan providing additional sums for any purpose whether or not related to acquisition or construction.

(b)  As to any refinance loan in the form of a revolving loan account that is in

whole or in part for purposes other than acquisition or construction, section 5-3-103 shall apply.

(c)  With respect to loans secured by a first mortgage or deed of trust lien

against a dwelling to refinance an existing loan to finance the acquisition of the dwelling and providing additional sums for any other purpose that are not subject to this code pursuant to paragraph (a) of this subsection (26), the lender shall disclose to the consumer that the refinance loan creates a lien against the dwelling or property and that the limits set forth in section 5-5-112 on the amount of attorney fees that a lender may charge the consumer are not applicable.

(d)  For purposes of this subsection (26):


(I)  A loan secured by a first mortgage or deed of trust lien against a

dwelling to finance the acquisition of the dwelling includes a loan secured by a first mortgage or deed of trust lien against a dwelling to finance the original construction of such dwelling or to refinance any such construction loan;

(II)  Dwelling means any improved real property, or portion thereof, that is

used or intended to be used as a residence and contains not more than four dwelling units; and

(III)  First mortgage or deed of trust means a mortgage or deed of trust

having priority as a lien over the lien of any other mortgage or deed of trust on the same dwelling and subject to the lien of taxes levied on that dwelling.

(27)  Material disclosures means the disclosure, as required by this code, of

the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, and the due dates or periods of payments scheduled to repay the indebtedness.

(28)  Merchandise certificate means a writing not redeemable in cash and

usable in its face amount in lieu of cash in exchange for goods or services.

(29)  Mobile home means a dwelling that is built on a chassis designed for

long-term residential occupancy, that is capable of being installed in a permanent or semi-permanent location, with or without a permanent foundation, and with major appliances and plumbing, gas, and electrical systems installed but needing the appropriate connections to make them operable, and that may be occasionally drawn over the public highways, by special permit, as a unit or in sections to its permanent or semi-permanent location.

(30)  Official fees means:


(a)  Fees and charges prescribed by law that actually are or will be paid to

public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a consumer credit transaction; or

(b)  Premiums payable for insurance in lieu of perfecting a security interest

otherwise required by the creditor in connection with the consumer credit transaction if the premium does not exceed the fees and charges described in paragraph (a) of this subsection (30) that would otherwise be payable.

(31)  Organization means a corporation, limited liability company,

government or governmental subdivision or agency, trust, estate, partnership, limited liability partnership, cooperative, or association.

(32)  Payable in installments means that payment is required or permitted

by agreement to be made in more than four periodic payments, excluding a down payment. If any periodic payment other than the down payment under an agreement requiring or permitting two or more periodic payments is more than twice the amount of any other periodic payment, excluding the down payment, the consumer credit transaction is payable in installments.

(33)  Person includes a natural person or an individual and an organization.


(34) (a)  Person related to means, with respect to an individual, the spouse

of the individual; a brother, brother-in-law, sister, or sister-in-law of the individual; an ancestor or lineal descendant of the individual or the individual's spouse; and any other relative, by blood or marriage, of the individual or the individual's spouse who shares the same home with the individual.

(b)  Person related to means, with respect to an organization, a person

directly or indirectly controlling, controlled by, or under common control with the organization; an officer or director of the organization or a person performing similar functions with respect to the organization or to a person related to the organization; the spouse of a person related to the organization; and a relative by blood or marriage of a person related to the organization who shares the same home with such person.

(35)  Precomputed means a consumer credit sale or consumer loan in which

the debt is expressed as a sum comprising the amount financed and the amount of the finance charge computed in advance or in which any portion of the finance charge is prepaid and the amount of that portion of the finance charge either computed in advance or prepaid constitutes more than one-half of the total finance charge applicable to the consumer credit sale or consumer loan.

(36)  Presumed or presumption means that the trier of fact must find the

existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence.

(37)  Regularly has the same meaning as stated in the federal Truth in

Lending Act and the federal Consumer Leasing Act.

(38)  Revolving credit means an arrangement pursuant to which:


(a)  A creditor may permit a consumer, from time to time, to purchase or lease

on credit from the creditor or to obtain loans from the creditor;

(b)  The amounts financed and the finance and other appropriate charges are

debited to an account;

(c)  The finance charge, if made, is computed on the account periodically; and


(d)  Either the consumer has the privilege of paying in full or in installments

or the creditor periodically imposes charges computed on the account for delaying payment and permits the consumer to continue to purchase or lease on credit.

(39)  Sale of goods includes any agreement in the form of a bailment or

lease of goods if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with his or her obligations under the agreement.

(40)  Sale of an interest in land includes a lease in which the lessee has an

option to purchase the interest and all or a substantial part of the rental or other payments previously made by him are applied to the purchase price.

(41)  Sale of services means furnishing or agreeing to furnish services and

includes making arrangements to have services furnished by another.

(42)  Seller, except as otherwise provided, includes an assignee of the

seller's right to payment, but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.

(43)  Seller credit card means an arrangement pursuant to which a person

gives to a buyer or lessee the privilege of using a credit card, letter of credit, or other credit confirmation or identification primarily for the purpose of purchasing or leasing goods or services from that person or from that person and any other person.

(44)  Services includes:


(a)  Work, labor, and other personal services;


(b)  Privileges with respect to transportation, hotel and restaurant

accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like; and

(c)  Insurance provided by a person other than the insurer.


(45)  Supervised financial organization means a person, other than an

insurance company or other organization primarily engaged in an insurance business:

(a)  Organized, chartered, or holding an authorization certificate under the

laws of any state or of the United States that authorize the person to make loans and to receive deposits, including a savings, share, certificate, or deposit account; and

(b)  Subject to supervision by an official or agency of any state or of the

United States.

(46)  Supervised lender means a person authorized to make or take

assignments of supervised loans under a license issued by the administrator or as a supervised financial organization.

(47)  Supervised loan means a consumer loan, including a loan made

pursuant to a revolving credit account, in which the rate of the finance charge exceeds twelve percent per year as determined according to the provisions on finance charges contained in section 5-2-201.

(48)  Written or in writing means any record conveying information and

that is in a form the consumer may retain, or is capable of being displayed in visual text in a form the consumer may retain, including paper, electronic, digital, magnetic, optical, and electromagnetic.

Source: L. 2000: Entire article R&RE, p. 1183, � 1, effective July 1; (17)

amended, p. 443, � 2, effective July 1. L. 2001: (1), (5)(b)(II), (15)(a)(III), and (26)(c) amended, p. 27, � 1, effective March 9. L. 2003: (16.5) added, p. 1892, � 1, effective July 1. L. 2004: (11)(b)(II)(A) and (15)(c) amended, p. 1187, � 6, effective August 4. L. 2020: (6) amended, (HB 20-1031), ch. 43, p. 143, � 3, effective September 14. L. 2022: (6) amended, (SB 22-139), ch. 149, p. 958, � 2, effective May 2. L. 2024: (11)(a.5) and (15)(a.5) added, (HB 24-1324), ch. 316, p. 2119, � 1, effective August 7.

Editor's note: (1)  This section is similar to former � 5-1-301, as it existed prior

to 2000.

(2)  Subsection (17) was amended in Senate Bill 00-144. Those amendments

were duplicated in � 5-1-301 (45)(a) as contained in the repeal and reenactment of article 1 of title 5 by House Bill 00-1185.

Cross references: (1)  For additional definitions of the days under subsection

(6) of this section, see � 24-11-101.

(2)  For the definitions and federal statutory cites of the Truth in Lending

Act and the Consumer Leasing Act, see � 5-1-302.

(3)  For the legislative declaration in HB 20-1031, see section 1 of chapter 43,

Session Laws of Colorado 2020. For the legislative declaration in SB 22-139, see section 1 of chapter 149, Session Laws of Colorado 2022.

C.R.S. § 6-6-103

6-6-103. Collections prohibited - penalty - definition. (1) No sender of any unsolicited goods shall mail or otherwise send to any recipient of such unsolicited goods a bill for such unsolicited goods or any dunning communications.

(2) (a)  The sender of a magazine or other periodical shall cancel a

subscription if any invoice is returned by the recipient marked cancel. Cancellation shall also occur when the recipient gives written notice of cancellation to the sender at the sender's address or at the address of the subscription department printed in the periodical, or, if no such department is listed, at the general business address of the periodical.

(b)  Notice of cancellation may be given by regular mail, and is effective on

the date received by the sender. Notice of cancellation need not take any particular form and is sufficient if it indicates by any form of written expression that the recipient wishes to terminate the subscription. Within sixty days after notice of cancellation for prepaid subscriptions, the sender shall refund to the recipient any amount paid for the subscription less the amount owed by the recipient for any periodicals, together with the postage thereon, if postage has been charged separately, received before the effective date of the notice of cancellation.

(c)  For purposes of this subsection (2), sender means the publisher of a

periodical, any person acting as the agent of such publisher, and any person purporting to act as the agent of such publisher, and a seller of the periodical.

(3)  Violation of this section constitutes a petty offense. Violation of this

section also constitutes a deceptive trade practice in violation of the Colorado Consumer Protection Act, article 1 of this title 6, and is subject to remedies or penalties, or both, pursuant thereto.

Source: L. 75: Entire article added, p. 262, � 1, effective July 14. L. 76: Entire

section amended, p. 297, � 11, effective May 20. L. 93: Entire section amended, p. 1574, � 7, effective July 1. L. 95: Entire section amended, p. 387, � 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3135, � 61, effective March 1, 2022.

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

ARTICLE 6.5

Soil and Hazard Analyses of Residential Construction

6-6.5-101.  Disclosure to purchaser - penalty. (1)  At least fourteen days prior

to closing the sale of any new residence for human habitation, every developer or builder or their representatives shall provide the purchaser with a copy of a summary report of the analysis and the site recommendations. For sites in which significant potential for expansive soils is recognized, the builder or his representative shall supply each buyer with a copy of a publication detailing the problems associated with such soils, the building methods to address these problems during construction, and suggestions for care and maintenance to address such problems.

(2)  In addition to any other liability or penalty, any builder or developer

failing to provide the report or publication required by subsection (1) of this section shall be subject to a civil penalty of five hundred dollars payable to the purchaser.

(3)  The requirements of this section shall not apply to any individual

constructing a residential structure for his own residence.

Source: L. 84: Entire article added, p. 294, � 1, effective July 1.

ENERGY AND WATER CONSERVATION

ARTICLE 7

Residential Building Energy Conservation

6-7-101 to 6-7-106. (Repealed)


Source: L. 2022: Entire article repealed, (HB 22-1362), ch. 301, p. 2188, � 9,

effective June 2.

Editor's note: (1)  This article 7 was added in 1977. For amendments to this

article 7 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 6-7-104 was amended in SB 22-212. Those amendments were

superseded by the repeal of this article 7 in HB 22-1362.

ARTICLE 7.5

Water and Energy Efficiency Standards

Editor's note: This article 7.5 was added in 2014 and was not amended prior

to 2019. It was repealed and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 7.5 prior to 2019, consult the 2018 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.

6-7.5-101.  Legislative declaration. (1)  The general assembly finds and

determines that efficiency standards for certain products sold in Colorado:

(a)  Assure consumers and businesses that such products meet minimum

efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills;

(b)  Protect consumers and businesses against manufacturers who would

otherwise sell, in Colorado, less efficient appliances that they cannot sell in states that have higher standards;

(c)  Save energy and thus reduce pollution and other environmental impacts

associated with the production, distribution, and use of electricity, natural gas, and other fuels;

(d)  Improve electric system reliability and potentially reduce the need for

new energy and water infrastructure based on the resulting energy and water savings;

(e)  Apply to products available at a price equal to or less than noncompliant

products, or available at a minimal cost premium;

(f)  Have saved Coloradans billions of gallons of water since 2014, when

WaterSense standards were enacted for plumbing fixtures, without sacrificing quality or product performance; and

(g)  Contribute to the economy of this state by helping to better balance

supply and demand for both energy and water, thus reducing the upward pressure on prices for electricity, natural gas, and water caused by increased demand. In addition, efficiency standards allow consumers and businesses to use the money they save on utility bills to purchase local goods and services.

(2)  Therefore, the general assembly declares that the adoption of energy

and water efficiency standards in accordance with this article 7.5 is a matter of state and local concern and serves the public interest of the people of Colorado.