Colorado Welding Licensing Law

Colorado Code · 36 sections

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

C.R.S. § 13-5-120

13-5-120. Nineteenth district. (1) The nineteenth judicial district shall be composed of the county of Weld.

(2) (a)  The number of judges for the nineteenth judicial district shall be four.


(b)  Subject to available appropriations, effective July 1, 2002, the number of

judges for the nineteenth judicial district shall be five.

(c)  Subject to available appropriations, effective July 1, 2003, the number of

judges for the nineteenth judicial district shall be six.

(d)  Subject to available appropriations, effective July 1, 2007, the number of

judges for the nineteenth judicial district shall be seven.

(e)  Subject to available appropriations, effective July 1, 2008, the number of

judges for the nineteenth judicial district shall be eight.

(f)  Subject to available appropriations, effective July 1, 2009, the number of

judges for the nineteenth judicial district shall be nine.

(g)  Subject to available appropriations, effective July 1, 2019, the number of

judges for the nineteenth judicial district is ten.

(h)  Subject to available appropriations, effective January 1, 2020, the number

of judges for the nineteenth judicial district is eleven.

(i)  Subject to available appropriations, effective July 1, 2026, the number of

judges for the nineteenth judicial district is twelve.

Source: L. 64: p. 402, � 20. C.R.S. 1963: � 37-12-20. L. 68: p. 48, � 1. L. 75: (2)

amended, p. 558, � 7, effective July 1. L. 2001: Entire section amended, p. 143, � 9, effective July 1. L. 2007: (2) amended, p. 1528, � 12, effective May 31. L. 2019: (2)(g) and (2)(h) added, (SB 19-043), ch. 41, p. 141, � 9, effective March 21. L. 2025: (2)(i) added, (SB 25-024), ch. 23, p. 87, � 6, effective March 24.

C.R.S. § 13-6-201

13-6-201. Classification of counties. (1) For such organizational and administrative purposes concerning county courts as are specified in this part 2, counties shall be classified as provided in subsection (2) of this section. The classifications established in this section shall not have any effect upon any classifications now provided by law for any other purpose and specifically shall have no effect upon the existing classification of counties for the purpose of fixing judicial salaries for county judges as provided by section 13-30-103.

(2)  Classes of counties for this part 2 are:


(a)  Class A. Class A shall consist of the city and county of Denver.


(b)  Class B. Class B consists of the counties of Adams, Arapahoe, Boulder,

Douglas, Eagle, El Paso, Fremont, Garfield, Jefferson, La Plata, Larimer, Mesa, Montezuma, Montrose, Pueblo, Summit, Weld, and the city and county of Broomfield.

(c)  Class C. Class C consists of the counties of Alamosa, Delta, Las Animas,

Logan, Morgan, Otero, Prowers, and Rio Grande.

(d)  Class D. Class D shall consist of the counties of Archuleta, Baca, Bent,

Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Dolores, Elbert, Gilpin, Grand, Gunnison, Jackson, Hinsdale, Huerfano, Kiowa, Kit Carson, Lake, Lincoln, Mineral, Moffat, Ouray, Park, Phillips, Pitkin, Saguache, San Juan, San Miguel, Sedgwick, Rio Blanco, Routt, Teller, Washington, and Yuma.

Source: L. 64: p. 411, � 7. C.R.S. 1963: � 37-14-1. L. 72: p. 591, � 59. L. 75:

(2)(b) and (2)(d) amended, p. 563, � 1, effective July 1. L. 77: (2)(b) R&RE and (2)(c) amended, p. 783, �� 1, 2, effective July 1, 1978. L. 81: (1) amended, p. 2025, � 15, effective July 14. L. 92: (2)(b) and (2)(d) amended, p. 274, � 1, effective February 12. L. 93: (2)(b) and (2)(d) amended, p. 1774, � 31, effective June 6. L. 97: (2)(b) and (2)(d) amended, p. 984, � 1, effective July 1, 1998. L. 2001: (2)(b) amended, p. 56, � 1, effective July 1. L. 2007: (1), (2)(b), and (2)(c) amended, p. 363, � 1, effective April 2. L. 2009: (2)(b) and (2)(c) amended, (HB 09-1037), ch. 18, p. 95, � 1, effective March 18. L. 2022: (2)(b) and (2)(c) amended, (HB 22-1237), ch. 113, p. 510, � 1, effective April 21.

C.R.S. § 13-6-202

13-6-202. Number of judges. (1) There is one county judge in each county, except that:

(a)  Subject to available appropriations, the number of county judges in the

county of Jefferson is nine;

(b)  Subject to available appropriations, the number of county judges in the

county of El Paso is ten;

(c)  Subject to available appropriations, the number of county judges in the

county of Adams is eight;

(d)  Subject to available appropriations, the number of county judges in the

county of Arapahoe is eight;

(e)  Subject to available appropriations, the number of county judges in the

county of Boulder is five;

(f)  Subject to available appropriations, the number of county judges in the

county of Pueblo is three;

(g)  Subject to available appropriations, the number of county judges in the

city and county of Denver is the number of county judges provided by the charter and ordinances thereof;

(h) (I)  Subject to available appropriations, the number of county judges in the

county of Larimer is five; and

(II)  Subject to available appropriations, effective July 1, 2026, the number of

county judges in the county of Larimer is six;

(i) (I)  Subject to available appropriations, the number of county judges in the

county of Douglas is three; and

(II)  Subject to available appropriations, effective July 1, 2026, the number of

county judges in the county of Douglas is four;

(j)  Subject to available appropriations, effective July 1, 2025, the number of

county judges in the county of La Plata is two;

(k) (I)  Subject to available appropriations, the number of county judges in the

county of Mesa is three; and

(II)  Subject to available appropriations, effective July 1, 2026, the number of

county judges in the county of Mesa is four;

(l)  Subject to available appropriations, the number of county judges in the

county of Weld is four; and

(m)  Subject to available appropriations, effective July 1, 2026, the number of

county judges in the county of Eagle is two.

(2) (a)  One of the county judges in Boulder county shall maintain a courtroom

in the city of Longmont at least three days per week.

(b)  A judge of the Eagle county court shall conduct court business in that

portion of Eagle county lying in the Roaring Fork river drainage area in a manner sufficient to deal with the business before the court.

Source: L. 64: p. 412, � 8. L. 65: p. 476, �� 1, 2. C.R.S. 1963: � 37-14-2. L. 67: p.

485, � 1. L. 68: p. 38, � 1. L. 72: pp. 189, 592, �� 1, 60. L. 73: p. 495, � 1. L. 75: Entire section amended, p. 565, � 2, effective October 1. L. 77: Entire section amended, p. 785, � 1, effective July 1. L. 80: Entire section amended, p. 509, � 1, effective July 1. L. 84: Entire section amended, p. 454, � 4, effective September 1. L. 89: Entire section amended, p. 749, � 1, effective April 1, 1990. L. 92: Entire section amended, p. 275, � 2, effective February 12. L. 95: Entire section amended, p. 452, � 1, effective May 16. L. 99: Entire section amended, p. 668, � 1, effective May 18. L. 2001: Entire section amended, p. 56, � 2, effective July 1. L. 2006: Entire section amended, p. 22, � 2, effective July 1. L. 2007: Entire section amended, p. 1529, � 16, effective May 31. L. 2025: Entire section R&RE, (SB 25-024), ch. 23, p. 87, � 8, effective March 24.

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. § 22-3-102

22-3-102. Courses in which devices to be used - substances and activities dangerous to eyes. (1) Eye protective devices shall be worn in courses including, but not limited to, vocational or industrial art shops or laboratories and chemistry, physics, or combined chemistry-physics laboratories, at any time at which the individual is engaged in, or observing, an activity or the use of hazardous substances likely to cause injury to the eyes.

(2)  Hazardous substances likely to cause physical injury to the eyes include

materials which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, or radioactive or which generate pressure through heat, decomposition, or other means.

(3)  Activity or the use of hazardous substances includes, but is not limited to,

the following:

(a)  Working with hot molten metal;


(b)  Milling, sawing, turning, shaping, cutting, grinding, and stamping of any

solid materials;

(c)  Heat treating, tempering, or kiln firing of any metal or other materials;


(d)  Gas or electric arc welding;


(e)  Working with hot liquids, solids, or chemicals which are flammable, toxic,

corrosive to living tissues, irritating, sensitizing, or radioactive or which generate pressure through heat, decomposition, or other means.

Source: L. 69: p. 1039, � 2. C.R.S. 1963: � 123-36-2.

C.R.S. § 25-16-104.5

25-16-104.5. Solid waste user fee - imposed - rate - legislative declaration - rules - repeal.

(1)  Repealed.


(1.5)  The general assembly hereby finds and declares that, for purposes of

this section, a user fee is intended to be a charge imposed upon waste producers in addition to any charge specified by contract. Any such user fee imposed by this section shall be itemized and depicted on any bill, receipt, or other mechanism used for solid waste management services rendered to any person disposing of solid waste and shall be in addition to the costs of any other solid waste management services provided.

(1.7) (a)  On or after July 1, 2010, the commission shall promulgate rules that

establish a solid waste user fee upon each person disposing of solid waste at an attended solid waste disposal site. The operator of the site at the time of disposal shall collect the fee from waste producers or other persons disposing of solid waste. The effective date and amount of the fee shall be set by rule of the commission, and the amount shall be sufficient to offset:

(I)  The department's direct and indirect costs associated with

implementation of the solid waste management program under section 30-20-101.5, C.R.S.;

(II)  The department's direct and indirect costs for the implementation of its

responsibilities under the federal act, as described in this part 1, and to provide matching funds and cover future maintenance costs pursuant to section 25-16-103; and

(III)  The anticipated payments to the department of law, pursuant to

subparagraph (II) of paragraph (b) of this subsection (1.7), for the direct and indirect costs of the department of law for the implementation of its responsibilities under the federal act, as described in this part 1, which costs are distinct from those described in subparagraph (II) of this paragraph (a).

(b) (I)  The portion of the fee collected for the costs described in

subparagraph (I) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the solid waste management fund created in section 30-20-118, C.R.S.

(II)  The portions of the fee imposed under this subsection (1.7) that are

collected for the costs described in subparagraphs (II) and (III) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the hazardous substance response fund created in section 25-16-104.6. The department may expend money from the portion of the fee collected under subparagraph (III) of paragraph (a) of this subsection (1.7) to compensate the department of law for all or a portion of the expenses incurred for services rendered under the federal act and the OPA, as billed to the department by the department of law. The department may expend money from the fees collected under this subsection (1.7) to finance the radon education and awareness program, established in section 25-11-114 (2), and the radon mitigation assistance program, established in section 25-11-114 (3).

(c)  The fee established by the commission under this subsection (1.7) shall

not exceed fifty cents per cubic yard of solid waste, of which no more than three and one-half cents shall pay for the costs described in subparagraph (III) of paragraph (a) of this subsection (1.7).

(d)  The department shall give the operators of attended solid waste disposal

sites written notice of changes to the solid waste user fees no later than ninety days before the effective date of the changes. Failure to provide the notice required by this paragraph (d) shall invalidate the rules that changed the fees.

(2) (a)  Repealed.


(a.5)  Notwithstanding any provision of law to the contrary, one hundred

percent of the moneys collected pursuant to subparagraph (II) of paragraph (a) of subsection (1.7) of this section from persons disposing of solid waste at an attended solid waste disposal site where a local government solid waste disposal fee is imposed to fund hazardous substance response activities at sites designated on the national priority list pursuant to the federal act shall be transmitted to the owner of the solid waste disposal site to the extent that the moneys are used to fund the response activities at the sites on the national priority list. The balance of any moneys described under this paragraph (a.5) that are not used to fund such response activities shall be credited to the hazardous substance response fund created in section 25-16-104.6.

(b)  At the end of each fiscal year, the state treasurer shall transfer any

moneys in the solid waste management fund created in section 30-20-118, C.R.S., that exceed sixteen and one-half percent of the moneys expended from such fund during the fiscal year to the hazardous substance response fund created in section 25-16-104.6.

(3) to (3.7)  Repealed.


(3.9) (a)  Beginning July 1, 2024, and subject to subsection (1.5) of this section,

in addition to any other user fee imposed by this section, on or after July 1, 2007, there is imposed a user fee to fund the Colorado circular communities enterprise created in section 25-16.5-109 (3)(a). The operator of an attended solid waste disposal site located outside of the front range, including sites located in the counties of Custer, Fremont, Morgan, and Otero, unless modified pursuant to subsection (3.9)(c)(II) of this section, shall collect the fee at the time of disposal. The fee shall be imposed and passed through to waste producers and other persons disposing of waste at the following rate or at an equivalent rate established by the commission:

(I)  Two cents per load transported by a motor vehicle that is commonly used

for the noncommercial transport of persons over public highways;

(II)  Four cents per load transported by a truck, as defined in section 42-1-102

(108), that is commonly used for the noncommercial transport of persons and property over the public highways; and

(III)  An amount, per cubic yard per load transported by any commercial

vehicle or other vehicle not included in the vehicles described in subsection (3.9)(a)(I) and (3.9)(a)(II) of this section, on and after January 1, 2016, of fourteen cents per cubic yard per load, which amount is equivalent to forty-seven cents per ton.

(b)  Beginning July 1, 2024, any user fee collected by the operator of a solid

waste disposal site or facility pursuant to subsection (3.9)(a) of this section shall be transmitted by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit one hundred percent of the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4), to fund the Colorado circular communities enterprise pursuant to section 25-16.5-109.

(c) (I)  Subject to subsections (1.5) and (3.9)(c)(II) of this section, in addition to

any other user fee imposed by this section, on or after September 1, 2019, there is imposed a user fee to finance the Colorado circular communities enterprise created in section 25-16.5-109. At the time of disposal, the operator of an attended solid waste disposal site located in the front range shall collect the fee, which may be passed through to waste producers and other persons disposing of waste, in an amount per cubic yard per load transported by any commercial vehicle, or by other vehicle not included in the vehicles described in subsection (3.9)(a)(I) or (3.9)(a)(II) of this section, as set forth in the following schedule:

(A)  On and after July 1, 2024, but before January 1, 2025, seventy-four cents

per cubic yard per load, which is equivalent to two dollars and forty-seven cents per ton; and

(B)  On and after January 1, 2025, seventy-eight cents per cubic yard per load,

which is equivalent to two dollars and sixty cents per ton.

(II)  Solid waste disposal sites or facilities located in the county of Custer,

Fremont, Morgan, or Otero shall collect the fee specified in this subsection (3.9)(c) on loads that originate from the front range.

(III)  Beginning July 1, 2024, an operator of a solid waste disposal site or

facility subject to this subsection (3.9)(c) shall transmit the user fee collected pursuant to this subsection (3.9)(c) by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit it to the Colorado circular communities cash fund created in section 25-16.5-109 (4) to finance the Colorado circular communities enterprise pursuant to section 25-16.5-109.

(IV)  An operator of an attended solid waste disposal site located in the front

range need not collect the fee specified in this subsection (3.9)(c) on a load that contains any of the following materials that are separated out from the rest of the load: Asbestos-containing material, asbestos waste, friable asbestos-containing material as that term is defined in section 25-7-502 (6), friable asbestos, nonfriable asbestos waste, regulated asbestos-contaminated soil, nonregulated asbestos-contaminated soil, pathological waste, pharmaceutical waste, ash, biohazardous waste, infectious waste as that term is defined in section 25-15-402 (1)(a), medical waste, exploration and production waste as that term is defined in section 30-20-109 (1.5)(a)(I), technologically enhanced naturally occurring radioactive material as that term is defined in section 25-11-201 (1)(f), grit and sludge, automobile shredder residue, dead animals, special waste liquids, or contaminated soils.

(c.5)  As used in this subsection (3.9), front range means the counties of

Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver.

(d)  This subsection (3.9) is repealed, effective September 1, 2032.


(4)  The department shall credit an amount equal to two and one-half percent

of the money collected as fees by a solid waste disposal site or facility in order to defray the costs of such collection.

(5)  Any operator who fails to collect or to transmit, within thirty days of the

day specified in subsection (2) of this section, the fee imposed pursuant to this section is liable for payment of a civil penalty of ten percent of the total amount of fee money uncollected or untransmitted. Collection of such penalty and fee shall be in the manner provided for the collection and enforcement of taxes pursuant to article 21 of title 39, C.R.S.

(6) and (7)  Repealed.


Source: L. 85: Entire section added, p. 916, � 3, effective July 1. L. 88: (6)

added, p. 1051, � 3, effective April 4. L. 90: (1)(a) to (1)(c) and (4) amended, p. 1347, � 2, effective January 1, 1991. L. 93: (6) amended, p. 443, � 1, effective April 19. L. 94: (1)(b) amended, p. 2564, � 73, effective January 1, 1995. L. 98: (1), (2), and (6) amended, p. 879, � 2, effective July 1. L. 2001: (1), (2), and (3) amended, p. 1098, � 1, effective July 1. L. 2003: (3.5) added, p. 1515, � 2, effective May 1; (6) amended, p. 1811, � 1, effective May 21. L. 2007: IP(1) and (6) amended and (1.5), (3.7), and (3.9) added, p. 1133, � 3, effective July 1. L. 2009: (3.7)(a)(II) and (3.9)(a)(II) amended, (SB 09-292), ch. 369, p. 1971, � 89, effective August 5. L. 2010: (1.7), (2)(a.5), and (7) added and (6) amended, (HB 10-1329), ch. 358, p. 1702, 1703, �� 2, 3, effective June 7; (6) amended, (HB 10-1052), ch. 84, p. 281, � 2, effective July 1. L. 2013: IP(3.9)(a), (3.9)(a)(III), and (6) amended, (SB 13-050), ch. 384, p. 2247, � 1, effective August 7. L. 2016: (1.7)(b)(II) amended, (SB 16-092), ch. 53, p. 124, � 3, effective August 10; (1.7)(b)(II) amended, (HB 16-1141), ch. 128, p. 365, � 2, effective August 10. L. 2019: (3.9)(c) added, (SB 19-192), ch. 362, p. 3351, � 2, effective August 2. L. 2022: (3.9)(c)(VII) and (6) repealed and (3.9)(d) added, (HB 22-1159), ch. 336, p. 2387, � 5, effective August 10. L. 2024: (3.9) amended, (HB 24-1449), ch. 192, p. 1127, � 2, effective July 1.

Editor's note: (1)  Subsection (3.5)(c)(I) provided for the repeal of subsection

(3.5), effective July 1, 2006. (See L. 2003, p. 1515.)

(2)  Amendments to subsection (6) by House Bill 10-1052 and House Bill 10-1329 were harmonized.


(3)  Subsection (7) provided for the repeal of subsections (1), (2)(a), (3), (3.7),

and (7), effective July 1, 2011. (See L. 2010, pp. 1702, 1703.)

(4)  Amendments to subsection (1.7)(b)(II) by SB 16-092 and HB 16-1141 were

harmonized.

(5)  Subsection (3.9)(c)(III) provided for the repeal of subsections (3.9)(c)(I)(A),

(3.9)(c)(I)(B), (3.9)(c)(I)(C), and (3.9)(c)(III), effective September 1, 2023. (See L. 2019, p. 3351.)

Cross references: (1)  For the legislative declaration contained in the 1990

act amending this section, see section 1 of chapter 205, Session Laws of Colorado 1990. For the legislative declaration contained in the 2007 act amending the introductory portion to subsection (1) and subsection (6) and enacting subsections (1.5), (3.7), and (3.9), see section 2 of chapter 278, Session Laws of Colorado 2007. For the legislative declaration in the 2010 act amending subsection (6), see section 1 of chapter 84, Session Laws of Colorado 2010.

(2)  For the legislative declaration in HB 22-1159, see section 1 of chapter

336, Session Laws of Colorado 2022.

C.R.S. § 25-17-703

25-17-703. Definitions. As used in this part 7, unless the context otherwise requires:

(1)  Additional producer responsibility organization means a nonprofit

organization designated by the department as an additional producer responsibility organization pursuant to section 25-17-708 (2)(b).

(2)  Advisory board means the producer responsibility program for

statewide recycling advisory board created in section 25-17-704 (1).

(3)  Amended plan proposal means an amended plan proposal for the

implementation of the program submitted to the advisory board after the advisory board's initial review of the plan proposal in accordance with section 25-17-705 (5).

(4)  Collection means the gathering and transportation of covered materials

from covered entities for the purpose of recycling.

(5)  Collection rate means the weight of covered materials that are

collected under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.

(6)  Commission means the solid and hazardous waste commission created

under section 25-15-302 (1)(a).

(7)  Compost means the material or product that is developed under

controlled conditions and that results from biological degradation processes by which organic wastes decompose.

(8) (a)  Compost facility means a site where compost is produced.


(b)  Compost facility includes only those compost facilities that readily

accept and process packaging material collected from consumers.

(9)  Compostable means a covered material associated with organic waste

streams that is capable of undergoing aerobic biological decomposition in a controlled composting system as demonstrated by meeting ASTM D6400 or ASTM D6868, or any successor standards.

(10)  Consumer means any person who purchases or receives covered

materials in the state and is located at a covered entity.

(11)  Convenience standards means the standards for the program as

described in section 25-17-706 (3).

(12)  Covered entity means the following locations in the state from which

covered materials are collected:

(a)  All single-family or multifamily residences in the state; and


(b)  Nonresidential locations identified in the final plan, including public

places; small businesses; schools, as defined in section 22-1-132 (2)(c); hospitality locations; and state and local government buildings.

(13) (a)  Covered materials includes:


(I)  Packaging material, except as specified in subsection (13)(b) of this

section; and

(II)  Paper products, except as specified in subsection (13)(b) of this section.


(b)  Covered materials does not include:


(I)  Packaging materials intended to be used for the long-term storage or

protection of a durable product and that are intended to transport, protect, or store the product for at least five years;

(II)  Paper products that, through their use, could become unsafe or

unsanitary to handle;

(III)  Printed paper used to distribute financial statements, billing statements,

medical documents, or other vital documents required to be provided in paper form by applicable consumer protections laws or other state or federal laws;

(IV)  Bound books;


(V)  Beverage containers subject to a returnable container deposit, if

applicable;

(VI)  Packaging material used exclusively in industrial or manufacturing

processes;

(VII)  Packaging material used to contain a product that is regulated as a

drug, medical device, or dietary supplement by the federal food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq., as amended, or any federal regulation promulgated under the act, or any equipment and materials used to manufacture such products;

(VIII)  Packaging material used to contain a product that is regulated as

animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin under the federal Virus-Serum-Toxin Act, 21 U.S.C. sec. 151 et seq., as amended;

(IX)  Packaging material used to contain a product that is regulated under the

Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended;

(X)  Packaging material used to contain architectural paint covered under a

paint stewardship program in accordance with part 4 of this article 17;

(XI)  Packaging material used to contain a product that is required under

state law to be sold in packaging material that meets the standards set forth in the Poison Prevention Packaging Act of 1970, 15 U.S.C. sec. 1471 et seq., as amended;

(XII)  Packaging material used to contain a portable electronic device, as

defined in section 10-4-1501, that has been repaired and reconditioned to be sold as a refurbished product;

(XIII)  Paper products used for a print publication that primarily includes

content derived from primary sources related to news and current events;

(XIV)  Packaging material used to contain a product that is regulated as

infant formula, as defined in 21 U.S.C. sec. 321 (z), as a medical food, as defined in 21 U.S.C. sec. 360ee (b)(3), or as fortified nutritional supplements used for individuals who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the World Health Organization's International Classification of Diseases (tenth revision), as amended or revised, or any other medical conditions as determined by the commission by rule; and

(XV)  Any other material that, based on an analysis by the organization of the

operational and financial impacts of the proposed changes and after consultation with the advisory board, the commission determines by rule to not be a covered material.

(14)  Department means the department of public health and environment

created in section 24-1-119.

(15)  Environmentally sound management practices means policies that

ensure compliance with all applicable environmental laws, including laws addressing:

(a)  Record keeping;


(b)  Tracking and documenting the disposition of covered materials collected

from covered entities; and

(c)  Environmental liability coverage for professional services and contractor

operations.

(16)  Executive director means the executive director of the department or

the executive director's designee.

(17)  Final plan means the plan proposal or amended plan proposal that has

been designated as the final plan by the executive director pursuant to section 25-17-705 (5)(c)(I).

(18)  Front range means the counties of Adams, Arapahoe, Boulder,

Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver.

(19)  Local government means a home rule or statutory county,

municipality, or city and county.

(20)  Materials recovery facility means a facility for processing covered

materials that are collected for recycling before they are conveyed to end-market businesses.

(21)  Mechanical recycling means a form of recycling that does not change

the basic molecular structure of the material being recycled.

(22)  Minimum recyclable list means the list of covered materials developed

under section 25-17-706 (1)(a).

(23)  Needs assessment means the assessment of the state's recycling

needs conducted pursuant to section 25-17-705 (3).

(24)  Nonprofit organization means a tax-exempt charitable or social

welfare organization operating under 26 U.S.C. sec. 501 (c)(3) or 501 (c)(4) of the federal Internal Revenue Code of 1986, as amended.

(25) (a) (I)  Packaging material means any material, regardless of

recyclability, that is intended for single or short-term use and is used for the containment, protection, handling, or delivery of products to the consumer at the point of sale, including through an internet transaction.

(II)  Packaging material includes products supplied to or purchased by

consumers for the express purpose of facilitating food or beverage consumption and that are:

(A)  Ordinarily disposed of after a single or short-term use; and


(B)  Not designed for reuse or refill.


(III)  Packaging material includes paper, plastic, glass, metal, cartons,

flexible foam, rigid packaging, or other materials or combination of these materials.

(b)  Packaging material does not include:


(I)  Packaging materials used solely in transportation or distribution to

nonconsumers;

(II)  Packaging materials used solely in business-to-business transactions

where a covered material is not intended to be distributed to the end consumer;

(III)  Packaging materials that are not sold or distributed to covered entities;

or

(IV)  Packaging materials that are used for products sold or distributed

outside the state.

(26)  Paper products means paper and other cellulosic fibers, whether or

not they are used as a medium for text or images, including:

(a)  Flyers;


(b)  Brochures;


(c)  Booklets;


(d)  Catalogs;


(e)  Telephone directories;


(f)  Newspapers;


(g)  Magazines; and


(h)  Paper used for writing or any other purpose.


(27)  Plan proposal means the plan proposal for the implementation of the

program submitted to the advisory board in accordance with section 25-17-705 (4).

(28)  Postconsumer-recycled-content rate means the amount of

postconsumer recycled materials used in the production of covered materials in a calendar year divided by the amount of covered materials used for products sold or distributed by producers within or into their United States market territory in the same calendar year, expressed as a percentage.

(29) (a)  Postconsumer recycled material means only those covered

materials that have served their intended end use as consumer items and that have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock.

(b)  Postconsumer recycled material includes returns of material from the

distribution chain.

(c)  Postconsumer recycled material does not include waste material

generated during or after the completion of a manufacturing process.

(30)  Producer means:


(a) (I)  If the product is sold or distributed in the state using packaging

materials under the manufacturer's own brand or is sold or distributed in the state using packaging materials that lack identification of a brand, the person that manufactures the product;

(II)  If the product is manufactured by a person other than the brand owner,

the person that is the licensee of a brand or trademark under which a packaged item is sold or distributed in the state, whether or not the trademark is registered in the state; or

(III)  If there is no person described in subsection (30)(a)(I) or (30)(a)(II) of this

section within the United States, the person that imports the product using covered materials into the United States for use in a commercial enterprise that sells or distributes the item in the state;

(b)  For the purposes of products that are sold or distributed in the state

through an internet transaction:

(I)  The producer of the packaging material used to directly protect or contain

the product; and

(II)  For the purposes of packaging material used to ship a product to a

consumer, the person that packages or ships the product to the consumer;

(c)  For the purposes of a paper product that is a magazine, newspaper,

catalog, telephone directory, or similar publication, the publisher of the paper product;

(d)  For the purposes of paper products not described in subsection (30)(c) of

this section:

(I)  The person that manufactures the paper product under the

manufacturer's own brand; or

(II)  If the paper product is manufactured by a person other than the brand

owner, the person that is the owner or licensee of the brand or trademark under which the paper product is used in a commercial enterprise, sold, or distributed in or into the state, whether or not the trademark is registered in the state; or

(e)  For any other covered material, the person that first distributes the

covered material in or into the state.

(31)  Producer responsibility dues means the amounts established in section

25-17-705 (4)(i)(II) that a producer participating in the program pays annually into the program pursuant to section 25-17-709 (1).

(32)  Producer responsibility organization or organization means the

nonprofit organization designated to implement the program pursuant to section 25-17-705 (1)(b)(II).

(33)  Producer responsibility program for statewide recycling or program

means the producer responsibility program for statewide recycling created in accordance with section 25-17-705.

(34)  Proprietary information means information that, if made public:


(a)  Would divulge competitive business information or trade secrets of the

entity that developed the information; or

(b)  Would reasonably hinder the entity's competitive advantage in the

market.

(35) (a)  Public place means an indoor or outdoor location in the state that is

open to and generally used by the public.

(b)  Public place includes streets; sidewalks; plazas; town squares; state-owned or local-government-owned parks, beaches, and forests; other state-owned

or local-government-owned land open for recreation or other public uses; and transportation facilities, including bus and train stations and airports.

(c)  Public place does not include industrial, commercial, or privately owned

property.

(36)  Readily recyclable material means a covered material that is included

on the minimum recyclable list.

(37) (a)  Recycling means the reprocessing, by means of a manufacturing

process, of a used material into a product or a secondary raw material.

(b)  Recycling does not include:


(I)  Energy recovery or energy generation by means of combustion;


(II)  Use as a fuel;


(III)  Use as alternative daily cover as defined in section 30-20-1402 (1); or


(IV)  Landfill disposal of discarded covered materials.


(38) (a)  Recycling rate means the weight of covered materials that are

recycled under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.

(b)  The recycling rate is measured at the point where collected covered

materials have been prepared for sale or delivery to material reclaimers or end markets after processing at a materials recovery facility or similar establishment that sells directly to reclaimers or end markets.

(39) (a)  Recycling services means services provided for the recycling of

covered materials, including the collection, transportation, and processing of covered materials from the consumer to the end market.

(b)  Recycling services includes curbside services and drop-off centers.


(40)  Recycling services costs means the costs of recycling programs to

provide recycling services, including applicable costs related to:

(a)  The administration of recycling programs;


(b)  Capital improvements to recycling programs;


(c)  The collection, transportation, sorting, and processing of covered

materials;

(d)  Public education about recycling programs; and


(e)  Disposal of nonrecyclable collected covered materials.


(41)  Responsible end market means a materials market in which the

recycling of materials or the disposal of contaminants is conducted in a way that:

(a)  Benefits the environment; and


(b)  Minimizes risks to public health and worker health and safety.


(42)  Retailer means a person that sells to consumers within or into the

state, including sales made through an internet transaction, products for which covered materials are used.

(43)  Reuse or refill means the return into the marketplace of a covered

material that:

(a)  Has already been used in the same manner as originally intended without

a change in the covered material's purpose; and

(b)  Was intended to be used for its original purpose at least five times.


(44)  Service provider means a public or private entity, other than the

producer responsibility organization, that provides recycling services in the state.

Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2391, � 1,

effective August 10. L. 2024: (20) amended, (HB 24-1449), ch. 192, p. 1130, � 7, effective July 1.

C.R.S. § 25-7-109

25-7-109. Commission to adopt emission control regulations - rules. (1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls:

(I)  For each significant source or category of significant sources of air

pollutants;

(II)  For each type of facility, process, or activity which produces or might

produce significant emissions of air pollutants.

(b)  The requirements and prohibitions contained in such regulations shall be

set forth with as much specificity and clarity as is practical. Upon adoption of an emission control regulation under subparagraph (II) of paragraph (a) of this subsection (1) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1); prior to such adoption, the general regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1) shall be applicable to such facility, process, or activity. In the formulation of each emission control regulation, the commission shall take into consideration the following:

(I)  The state policy regarding air pollution, as set forth in section 25-7-102;


(II)  Federal recommendations and requirements;


(III)  The degree to which altitude, topography, climate, or meteorology in

certain portions of the state require that emission control regulations be more or less stringent than in other portions of the state;

(IV)  The degree to which any particular type of emission is subject to

treatment and the availability, technical feasibility, and economic reasonableness of control techniques;

(V)  The extent to which the emission to be controlled is significant;


(VI)  The continuous, intermittent, or seasonal nature of the emission to be

controlled;

(VII)  The economic, environmental, and energy costs of compliance with such

emission control regulation;

(VIII)  Whether an emission control regulation should be applied throughout

the entire state or only within specified areas or zones of the state, and whether it should be applied only when a specified class or type of pollution is concerned.

(2)  Such emission control regulations may include, but shall not be limited

to, regulations pertaining to:

(a)  Visible pollutants;


(b)  Particulates;


(c)  Sulfur oxides, sulfuric acids, organic sulfides, hydrogen sulfide, nitrogen

oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substance;

(d)  Odors, except for livestock feeding operations that are not housed

commercial swine feeding operations as defined in section 25-8-501.1 (2)(b);

(e)  Open burning activity;


(f)  Organic solvents;


(g)  Photochemical substances;


(h)  Hazardous air pollutants and toxic air contaminants, as defined in section

25-7-109.5 (1)(i).

(3)  Emission control regulations adopted pursuant to this section shall

include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:

(a)  Incinerator and incinerator design;


(b)  Storage and transfer of petroleum products and any other volatile

organic compounds;

(c)  Activities which frequently result in particulate matter becoming

airborne, such as construction and demolition operations;

(d)  Specifications, prohibitions, and requirements pertaining to fuels and fuel

additives, such as tetraethyl lead;

(e)  Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants,

and any other industrial or commercial activity which tends to emit air pollutants as a by-product;

(f)  Industrial process equipment;


(g)  Industrial spraying operations;


(h)  Airplanes;


(i)  Diesel-powered machines, vehicles, engines, and equipment;


(j)  Storage and transfer of volatile compounds and hazardous or toxic gases

or other hazardous substances which may become airborne.

(4)  The commission shall promulgate appropriate regulations pertaining to

hazardous air pollutants.

(5)  The commission shall promulgate appropriate regulations setting

conditions and time limitations for periods of start-up, shutdown, or malfunction or other conditions which justify temporary relief from controls. Operations of any air pollution source during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance or compliance test.

(6)  The commission shall establish test methods and procedures for

determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.

(7)  All regulations promulgated pursuant to this section shall conform with

the provisions of part 5 of this article concerning asbestos control.

(8) (a)  Notwithstanding any other provision of this section, the commission

shall not regulate emissions from agricultural, horticultural, or floricultural production such as farming, seasonal crop drying, animal feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b), and pesticide application; except that the commission shall regulate such emissions if they are major stationary sources, as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.

(b)  Nothing in paragraph (a) of this subsection (8), as amended by House Bill

05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(9) (a)  The commission shall adopt a procedure consistent with the federal

environmental protection agency requirements for determining when there has been a net significant emissions increase which results in a major modification that subjects a source to the permitting requirements of the prevention of significant deterioration program or the nonattainment area new source review. The commission's procedure shall also prohibit sources from circumventing the new source review requirements in a manner consistent with the federal environmental protection agency guidance. Such procedure shall be the same for both the prevention of significant deterioration program and the nonattainment area new source review program and shall not apply to hazardous air pollutants. Such net emissions increase procedure shall be as described in paragraph (b) of this subsection (9), unless and until the federal environmental protection agency requires otherwise or unless after January 1, 1998, the commission:

(I)  Undertakes a collaborative process with the affected industries to

determine the cost and emission impacts associated with any proposed changes in this procedure;

(II)  Reviews at least three years of emissions increases and decreases under

the procedures described in paragraph (b) of this subsection (9);

(III)  Delivers reports on the matters required in subparagraphs (I) and (II) of

this paragraph (a) to the general assembly for its review;

(IV)  Determines through rule-making that an applicability procedure for

major modifications more stringent than that described in paragraph (b) of this subsection (9) is equitable when considering minor, area, and mobile source controls; and

(V)  Determines through rule-making that such more stringent applicability

procedure is necessary to attain and to maintain the national ambient air quality standards.

(b)  The procedure for determining when there has been a net significant

emissions increase shall be consistent with requirements of the federal environmental protection agency and:

(I)  Such requirements shall apply only if there is, in the first instance, a

significant emissions increase from an individual proposed project or modification. If the individual proposed project or modification will not result in a significant emissions increase, it shall be exempt from the prevention of significant deterioration program and the nonattainment area new source review requirements.

(II)  If a project or modification is not exempt under subparagraph (I) of this

paragraph (b), each pollutant for which the project results in a significant emissions increase shall be subject to the prevention of significant deterioration program or the nonattainment area new source review requirements only if the sum of all source-wide, non-de minimis, contemporaneous, and creditable emissions increases and decreases of that pollutant or that regulated precursor exceed applicable significance levels. Each specific regulated precursor shall be considered independently in determining applicable significance levels.

(III)  In determining the non-de minimis net emissions increase during the

contemporaneous period, the commission's procedures shall be consistent with the federal environmental protection agency's review procedure for determining net emissions increases and decreases. Non-de minimis increases shall exclude all increases which would be exempt under commission rules from a requirement to obtain a construction permit under section 25-7-114.2.

(10) (a)  The commission shall adopt rules to minimize emissions of methane

and other hydrocarbons, volatile organic compounds, and oxides of nitrogen from oil and natural gas exploration and production facilities and natural gas facilities in the processing, gathering and boosting, storage, and transmission segments of the natural gas supply chain.

(b) (I)  The commission shall review its rules for oil and natural gas well

production facilities and compressor stations and specifically consider adopting more stringent provisions, including:

(A)  A requirement that leak detection and repair inspections occur at all well

production facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules;

(B)  A requirement that owners and operators of oil and gas transmission

pipelines and compressor stations must inspect and maintain all equipment and pipelines on a regular basis;

(C)  A requirement that oil and natural gas operators must install and operate

continuous methane emissions monitors at facilities with large emissions potential, at multi-well facilities, and at facilities in close proximity to occupied dwellings; and

(D)  A requirement to reduce emissions from pneumatic devices. The

commission shall consider requiring oil and gas operators, under appropriate circumstances, to use pneumatic devices that do not vent natural gas.

(II)  The commission may, by rule, phase in the requirement to comply with

this subsection (10)(b) on the bases of production capability, type and age of oil and gas facility, and commercial availability of continuous monitoring equipment. If the commission phases in the requirement to comply with this subsection (10)(b), it shall increase the required frequency of inspections at facilities that are subject to the phase-in until the facilities achieve continuous emission monitoring.

(c)  Notwithstanding the grant of authority to the energy and carbon

management commission in article 60 of title 34, including specifically section 34-60-105 (1), the commission may regulate air pollution from oil and gas facilities listed in subsection (10)(a) of this section, including during preproduction activities, drilling, and completion.

(d)  On or before August 31, 2026, the division shall propose rules designed to

reduce emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations, as defined by the commission by rule, including preproduction operations, between May 1 and September 30 in the eight-hour ozone control area and northern Weld county, as those terms are defined by the commission by rule, by fifty percent by 2030 relative to 2017 NOx emission levels. NOx emission levels are characterized by the most recent state inventory of NOx emissions for 2017 that the commission adopted for the purpose of inclusion in the state implementation plan for the 2015 eight-hour ozone national ambient air quality standard or as published concurrently with proposed rules consistent with this subsection (10)(d) in a notice of proposed rule-making published in accordance with section 25-7-110 (1).

Source: L. 79: Entire article R&RE, p. 1025, � 1, effective June 20. L. 87: (7)

added, p. 1151, � 3, effective July 1. L. 92: (2)(h) amended and (8) added, p. 1177, � 12, effective July 1. L. 94: (9) added, p. 1418, � 1, effective May 25. Initiated 98: (2)(d) and (8) amended, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (8) amended, p. 348, � 4, effective August 8. L. 2019: (10) added, (SB 19-181), ch. 120, p. 502, � 3, effective April 16. L. 2022: (2)(c) and (2)(h) amended, (HB 22-1244), ch. 332, p. 2332, � 3, effective June 2. L. 2023: (10)(c) amended, (SB 23-285), ch. 235, p. 1254, � 27, effective July 1. L. 2024: (10)(d) added, (SB 24-229), ch. 183, p. 986, � 2, effective May 16.

Editor's note: Subsections (2)(d) and (8) were amended by an initiated

measure that was adopted by the people at the general election held November 3, 1998. The measure amending subsections (2)(d) and (8) was effective upon proclamation of the Governor, December 30, 1998. The vote count on the measure at the general election held November 3, 1998, was as follows:

FOR:  790,852


AGAINST:  438,873


Cross references: For the legislative declaration in HB 22-1244, see section 1

of chapter 332, Session Laws of Colorado 2022. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.

C.R.S. § 26-5-103.5

26-5-103.5. Child welfare allocations committee - organization - duties - funding model - definition. (1) The state department shall convene a child welfare allocations committee as necessary in order to perform the duties described in this section and make advisory recommendations as described in this article 5.

(2) (a)  The child welfare allocations committee consists of thirteen members,

ten of whom must be appointed by county commissioners and three of whom must be appointed by the state department, and the child welfare allocations committee consists of two nonvoting members who must be appointed by the state department.

(b)  The two nonvoting members appointed by the state department must

have knowledge and experience in the following areas, including but not limited to:

(I)  Federal funding related to child welfare;


(II)  The federal Family First Prevention Services Act of 2018, as defined in

section 26-5-101 (4.5);

(III)  Interests of individuals with a disability; or


(IV)  Interests of individuals experiencing poverty.


(c)  Of the members appointed by county commissioners, only one

representative per county may serve on the child welfare allocations committee at the same time, and:

(I)  One member must be appointed by the county commissioners of each of

the following regions, as those regions are defined in subsection (2)(d) of this section:

(A)  The eastern region;


(B)  The front range region;


(C)  The mountain region;


(D)  The southern region; and


(E)  The western region;


(II)  Three members must be at-large appointments. Of the three at-large

appointments, two members must be appointed by the county commissioners of the counties described in section 26-5-104 (4)(b)(I), and one must be appointed by the county commissioners who represent the counties described in section 26-5-104 (4)(b)(II); and

(III)  Two members must be representatives from the two counties in the state

with the greatest percentage of the state's child welfare caseload. County commissioners in the two counties with the greatest percentage of the state's child welfare caseload shall each appoint one member from their counties to serve on the child welfare allocations committee.

(d)  For the purposes of this subsection (2):


(I)  The eastern region is comprised of Cheyenne, Elbert, Kit Carson, Lincoln,

Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma counties;

(II)  The front range region is comprised of Adams, Arapahoe, Boulder,

Douglas, El Paso, Jefferson, Larimer, and Weld counties, and the city and county of Broomfield and the city and county of Denver;

(III)  The mountain region is comprised of Chaffee, Clear Creek, Custer, Eagle,

Fremont, Gilpin, Grand, Jackson, Lake, Park, Pitkin, Summit, and Teller counties;

(IV)  The southern region is comprised of Alamosa, Baca, Bent, Conejos,

Costilla, Crowley, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, and Saguache counties; and

(V)  The western region is comprised of Archuleta, Delta, Dolores, Garfield,

Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Rio Blanco, Routt, San Juan, and San Miguel counties.

(e)  As used in this subsection (2), county commissioners means:


(I)  The board of county commissioners in each county;


(II)  In the city and county of Denver, the department or agency with the

responsibility for public assistance and welfare activities; and

(III)  In the city and county of Broomfield, the city council or a board or

commission appointed by the city and county of Broomfield.

(3)  The child welfare allocations committee shall develop its own operating

procedures.

(4)  Repealed.


(4.5) (a)  On or before August 1, 2021, and on or before August 1 of each year

thereafter, the child welfare allocations committee shall identify components of the funding model that should be evaluated by the funding model evaluation group pursuant to section 26-5-103.7.

(b)  In order to ensure the integrity of the funding model described in section

26-5-103.7, on or before September 1, 2021, and on or before September 1 of each year thereafter, the child welfare allocations committee shall:

(I)  Establish expectations for gathering and using data in the funding model

to ensure consistency within the funding model;

(II)  Identify county training and capacity needs to ensure integrity of the data

collected and used in the Colorado TRAILS case management system and county financial management systems; and

(III)  Develop strategies and recommend changes to data systems that

support the funding model and to financial policies and practices to ensure that appropriate, consistent, and accurate data can be used to inform the funding model.

(c)  Repealed.


(d)  The child welfare allocations committee shall also perform any duties

required in section 26-5-103.7 related to the child welfare allocations funding model.

(5) and (6)  (Deleted by amendment, L. 2018.)


(7)  Repealed.


Source: L. 98: Entire section added, p. 781, � 4, effective May 22. L. 2013: (2)

amended, (HB 13-1087), ch. 37, p. 106, � 1, effective March 15. L. 2015: (5) added, (SB 15-242), ch. 141, p. 430, � 1, effective May 1. L. 2016: (6) added, (SB 16-201), ch. 171, p. 542, � 2, effective May 18. L. 2018: Entire section amended, (SB 18-254), ch. 216, p. 1376, � 5, effective May 18. L. 2019: (2)(a), (2)(b), and (2)(c) amended and (2)(e) added, (SB 19-031), ch. 84, p. 298, � 1, effective April 8. L. 2021: (1), (2)(a), IP(2)(c), (2)(c)(III), and (3) amended, (4) and (7) repealed, and (4.5) added, (SB 21-277), ch. 343, p. 2237, � 3, effective June 25. L. 2025: (4.5)(c) repealed, (SB 25-300), ch. 428, p. 2452, � 43, effective August 6.

C.R.S. § 30-1-101

30-1-101. Classification of counties - fixing fees. (1) For the purpose of fixing fees, chargeable and to be collected by county and other officers, and for no other purpose, the several counties of this state are divided into five classes, which classes shall be known as the first, second, third, fourth, and fifth, as follows:

(a)  The city and county of Denver is a county of the first class;


(b)  The counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson,

Pueblo, and Weld are counties of the second class;

(c)  The counties of Delta, Garfield, Larimer, Las Animas, Logan, Mesa,

Montezuma, Montrose, Morgan, and Otero are counties of the third class;

(d)  The counties of Alamosa, Archuleta, Bent, city and county of Broomfield,

Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Eagle, Elbert, Fremont, Gilpin, Gunnison, Huerfano, Kit Carson, Lake, La Plata, Lincoln, Ouray, Park, Phillips, Prowers, Rio Grande, Routt, Saguache, San Miguel, Sedgwick, Teller, Washington, and Yuma are counties of the fourth class;

(e)  The counties of Baca, Custer, Dolores, Grand, Hinsdale, Jackson, Kiowa,

Mineral, Moffat, Pitkin, Rio Blanco, San Juan, and Summit are counties of the fifth class.

Source: L. 1891: p. 200, � 1. R.S. 08: � 2521. L. 13: p. 276, � 1. C.L. � 7869. L.

25: p. 243, � 1. CSA: C. 66, � 3. CRS 53: � 56-4-1. C.R.S. 1963: � 56-4-1. L. 69: p. 385, � 1. L. 2001: Entire section amended, p. 330, � 1, effective April 12; (1)(d) amended, p. 256, � 2, effective November 15. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, � 1, effective August 5.

Editor's note: Amendments to subsection (1)(d) by Senate Bill 01-102 and

Senate Bill 01-130 were harmonized.

C.R.S. § 30-11-605

30-11-605. Powers and duties of governing bodies, planning commissions, and boards of adjustment. (1) Upon being requested to do so by an agency of the United States, the governing body shall determine if any telecommunications research facility of the United States is located wholly or partially within its jurisdiction. If such determination results in a finding that such a facility is so located, the planning commission, the board of adjustment, and the governing body shall, from and after April 23, 1969, be bound by the following: When considering any request for rezoning, exceptions to or variances from the terms of zoning regulations, or changed or additional uses of land within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body shall consider, in a like manner as those criteria set forth in sections 30-28-115 and 31-23-303, C.R.S., and other criteria applied to the consideration of requests for rezoning, exceptions to or variances from zoning regulations, or changed or additional uses of land, any data presented as to the effect that development made pursuant to such request will have on such telecommunications research facility of the United States, including what interference may be caused to said facility by the emanation of electrical impulses from electrical equipment that may be installed if such request is approved.

(2)  If approval for any request for rezoning to a zoning district, for an

exception to or variance from the terms of any zoning regulation, or for a changed or additional use of land, which will permit hospitals, industrial, business, or commercial uses is sought within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body may request reasonable information regarding the proposed use to be made from the applicant submitting the request for approval, including, but not limited to, a summary of the kinds of industrial electrical equipment expected to be installed on such property if the approval being sought is given.

(3)  Within a distance of two miles from the perimeter of any

telecommunications research facility of the United States, any approval of a subdivision plat in a residential zoning district and any approval for rezoning from existing districts to other districts that may exist or be created by the zoning resolution of any city, town, or county in which a telecommunications research facility of the United States is located shall be granted only if the covenants set forth in paragraphs (a) to (e) of subsection (4) of this section are included in the subdivision plat or as part of the rezoning request, which covenants shall be filed for recording with the county clerk and recorder following approval by the governing body; but said governing body may, under reasonable circumstances, waive the application of any one or more of said covenants with respect to all or any part of the affected land. The requirements set forth in this subsection (3) shall not apply to the approval of subdivision plats in single-family residential zoning districts where the minimum lot area permitted is one acre or more if the subdivision plat is approved, to requests for rezoning to single-family residential zoning districts in which the minimum lot area on unsubdivided land will be one acre or more if the rezoning request is approved, or to requests for rezoning to forestry or agricultural districts.

(4)  The covenants referred to in subsection (3) of this section are as follows:


(a)  All electrical distribution lines and service lines and all telephone lines

shall be placed underground.

(b)  No neon signs of any kind shall be permitted on any part of the property.


(c)  No electrical fences shall be erected on any part of the property.


(d)  All street lights shall be shielded so as to minimize upward illumination.


(e)  No arc welding equipment or remote control garage door openers which

employ a radiating type of receiver shall be installed or operated from a permanent location on the property.

(5)  No expressways or major arterials shall be authorized or constructed

within a distance of one mile from the perimeter of any telecommunications research facility of the United States and, unless the governing body specifically makes an exception therefor, no collector streets shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States.

(6)  The limitations of this part 6 shall be incorporated in any zoning

resolution, building code resolution, or both, in any city, town, or county in which a telecommunications research facility of the United States is located, and each such city, town, or county shall enforce the same as provided by law.

(7)  The governing body shall determine, with the assistance of a surveyor, if

necessary, the boundaries of lands located in such city, town, or county, or both, as the case may be, affected by the limitations imposed by this part 6 and shall record such boundaries in the office of the county clerk and recorder of said county.

Source: L. 69: p. 236, � 1. C.R.S. 1963: � 36-26-5. L. 75: (1) amended, p. 1271, �

9, effective May 1.

ARTICLE 12

Local Access to Health Care Pilot Program

30-12-101 to 30-12-107. (Repealed)


Editor's note: (1)  This article 12 was added in 2007. For amendments to this

article 12 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 30-12-107 (3) provided for the repeal of this article 12, effective

July 1, 2017. (See L. 2012, p. 479.)

ARTICLE 15

Regulation Under Police Power

Cross references: For definitions applicable to this article, see � 30-26-301

(2)(d).

PART 1

CONTROL AND LICENSING OF PET ANIMALS

Editor's note: This article was numbered as article 12 of chapter 36, C.R.S.

1. The substantive provisions of this part 1 were repealed and reenacted in 1977, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

C.R.S. § 30-2-102

30-2-102. Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration. (1) For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016:

(a)  Category I counties shall consist of the counties of Adams, Arapahoe,

Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;

(b)  Category II counties shall consist of the counties of Eagle, Fremont,

Garfield, La Plata, Mesa, Pitkin, Routt, and Summit;

(c)  Category III counties shall consist of the counties of Alamosa, Archuleta,

Chaffee, Clear Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Logan, Moffat, Montezuma, Montrose, Morgan, Otero, Park, Rio Blanco, San Miguel, and Teller;

(d)  Category IV counties shall consist of the counties of Custer, Elbert,

Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma;

(e)  Category V counties shall consist of the counties of Baca, Bent,

Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;

(f)  Category VI counties shall consist of the counties of Jackson, Kiowa, and

Sedgwick.

(1.5) (a)  For the purpose of establishing the salaries of county officers whose

terms of office begin on or after January 1, 2016:

(I) (A)  Category I-A counties consist of the counties of Adams, Arapahoe,

Boulder, Douglas, Eagle, El Paso, Jefferson, Larimer, Pueblo, Routt, Summit, and Weld;

(B)  Category I-D counties consist of the county of Mesa.


(II) (A)  Category II-A counties consist of the counties of Garfield, Grand, and

La Plata;

(B)  Category II-B counties consist of the counties of Fremont and Pitkin.


(C)  Repealed.


(III) (A)  Category III-A counties consist of the counties of Archuleta, Chaffee,

Clear Creek, Delta, Elbert, Gunnison, Moffat, Montezuma, Montrose, Morgan, Ouray, Park, Rio Blanco, San Miguel, and Teller;

(B)  Category III-B counties consist of the counties of Alamosa, Gilpin, and

Logan;

(C)  Category III-C counties consist of the counties of Las Animas, Rio Grande,

and Otero.

(D)  (Deleted by amendment, L. 2023.)


(IV) (A)  Category IV-A counties consist of the counties of Custer and

Prowers;

(B)  Category IV-B counties consist of the counties of Kit Carson, Lake, and

Washington;

(C)  Category IV-C counties consist of the counties of Huerfano and Yuma;


(D)  Repealed.


(V) (A)  Category V-A counties consist of the counties of Baca, Conejos,

Costilla, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;

(B)  Category V-B counties consist of the county of Crowley;


(C)  Category V-C counties consist of the counties of Bent and Dolores;


(D)  Category V-D counties consist of the county of Cheyenne.


(VI) (A)  Category VI-C counties consist of the counties of Jackson and

Sedgwick;

(B)  Category VI-D counties consist of the county of Kiowa.


(b)  On and after January 1, 2016, the general assembly may amend the

provisions of paragraph (a) of this subsection (1.5) by bill to move a county to any of the categories for which salaries are specified in subsection (2.3) of this section to another category. Such amendment shall be made only after giving due consideration to the variations among the counties including population, the number of persons residing in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, military installations, and such other factors as may be relevant to reflect the variations in the workloads and responsibilities of county officers and the tax resources of the several counties.

(2)  The annual salaries of county officers whose term of office begins prior

to January 1, 2002, shall be as follows:

                                        County


                                        Treasurers,


            County          County      Assessors,


            Commissioners       Sheriffs        and Clerks

(a) Category I 63,203 71,293 63,203

(b) Category II 51,827 57,768 51,827

(c) Category III 41,714 53,091 41,714

(d) Category IV 35,394 47,782 35,394

(e) Category V 32,613 36,405 32,613

(2.1)  On and after January 1, 2002, but prior to January 1, 2007, the annual

salaries of county officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007, shall be as follows:

                            County


                            Treasurers,


        County      County  Assessors,      County


        Commissioners   Sheriffs    and Clerks      Coroners

(a) Category I 63,203 95,000 75,500 75,500

(b) Category II 51,827 75,000 62,000 32,000

(c) Category III 41,714 65,000 50,000 25,000

(d) Category IV 35,394 57,000 42,500 17,000

(e) Category V 32,613 42,000 37,500 6,500

(2.2)  On and after January 1, 2007, but prior to January 1, 2016, the annual

salary of a county officer whose term of office begins on or after January 1, 2007, but prior to January 1, 2016, is as follows:

                        County


                        Treasurers,


    County      County  Assessors,  County  County


    Commissioners   Sheriffs    and Clerks  Coroners    Surveyors

(a) Category I 87,300 111,100 87,300 87,300 5,500

(b) Category II 72,500 87,700 72,500 44,200 4,400

(c) Category III 58,500 76,000 58,500 33,100 3,300

(d) Category IV 49,700 66,600 49,700 22,100 2,200

(e) Category V 43,800 49,100 43,800 9,900 1,100

(f) Category VI 39,700 46,500 39,700 9,000 1,000

(2.3) (a)  Except as provided in subsections (2.3)(b) to (2.3)(f) of this section,

on and after January 1, 2016, the annual salary of a county officer whose term of office begins on or after such date is as follows:

[Insert 30-2-102(2.3)(a).pdf here]

(b)  Prior to January 1, 2018, and prior to January 1 each two years thereafter,

the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of each annual salary in each category specified in subsection (2.3)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The director of research shall post the adjusted annual salary amounts on the website of the general assembly. The annual salary of a county officer whose term of office begins on or after the date the salaries have been adjusted pursuant to this subsection (2.3)(b) must be as adjusted by the director of research.

(c)  The annual salaries of full-time coroners for category II, III, and IV

counties, as displayed in bold text and within parentheses in the table in subsection (2.3)(a) of this section, apply only to coroners whose terms begin on or after January 1, 2023, and must be adjusted prior to January 1, 2024, and prior to January 1 each two years thereafter in accordance with subsection (2.3)(b) of this section.

(d)  The salary of a full-time category II coroner is equal to the salary of a

category II county commissioner, category II county treasurer, category II county assessor, and category II county clerk as indicated by the table in subsection (2.3)(a) of this section. The board of county commissioners may decline the full-time status of a category II coroner for cause, but only after the coroner is given notice and an opportunity to be heard by the board of county commissioners in a public hearing.

(e)  A coroner in a category III county may, in consultation with and with

approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category III coroner is equal to the salary of a category III county commissioner, category III county treasurer, category III county assessor, and category III county clerk as indicated by the table in subsection (2.3)(a) of this section.

(f)  A coroner in a category IV county may, in consultation with and with

approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category IV coroner shall be equal to the salary of a category IV county commissioner, category IV county treasurer, category IV county assessor, and category IV county clerk as indicated by the table in subsection (2.3)(a) of this section.

(2.5)  Repealed.


(2.7)  (Deleted by amendment, L. 97, p. 308, � 1, effective August 6, 1997.)


(2.8)  The general assembly hereby finds and declares that:


(a)  The rate of compensation of elected county officers shall be provided in

accordance with the provisions set forth in section 15 of article XIV of the state constitution;

(b)  The salaries of county commissioners, sheriffs, treasurers, assessors,

clerk and recorders, coroners, and surveyors have been fixed by law through the enactment of this section.

(c)  (Deleted by amendment, L. 98, p. 409, � 1, effective April 21, 1998.)


(3)(a) to (d)  Repealed.


(e)  Except as provided in subsection (3)(f) of this section, no elected county

officer shall have his or her compensation increased or decreased during the term of office to which he or she has been elected or appointed. All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury.

(f)  An elected county officer in a county classified for salary purposes under

subsection (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), or (1.5)(a)(VI) of this section may elect in his or her sole discretion to receive an amount of salary that is lower than the amount provided for in this section. The amount of the lower salary received by an officer shall be fifty percent of the amount of the salary otherwise provided for the officer as set forth in this section. Any such election shall be set forth in writing and recorded with the office of the county clerk and recorder during the month of November. Any additional money available to a county as a result of an elected county officer making an election pursuant to this subsection (3)(f) shall remain available for expenditure in the county general fund. An elected county officer who elects to receive a lower salary pursuant to this subsection (3)(f) may subsequently elect to receive a higher salary so long as the amount of the higher salary does not exceed the amount provided for in this section. In no event shall an elected county officer make more than one election per year pursuant to this subsection (3)(f).

(4)  The board of county commissioners may adjust the salaries established in

this section pro rata for county officers working part-time.

(5)  The salaries established pursuant to this section shall remain in effect

until such time that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize or direct the board of county commissioners in each county to fix the compensation of county officers.

(6)  If any provision of this section is found to be unconstitutional by a court

of competent jurisdiction, the remaining provisions of this section are valid, unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed.

Source: L. 52: p. 111, � 3. CSA: C. 66, � 58(7f). L. 53: p. 297, � 3. CRS 53: � 56-2-4. L. 57: p. 372, � 1. L. 58: p. 233, � 1. L. 61: p. 379, ��1, 2. L. 62: p. 163, � 3. L. 70:

R&RE, p. 192, � 1. C.R.S. 1963: � 30-2-102. L. 73: p. 624, � 1. L. 77: Entire section amended, p. 1432, � 1, effective July 1. L. 81: Entire section R&RE, p. 1423, � 1, effective June 6. L. 86: (1)(a) to (1)(c), (1)(e), and (1)(f) amended, (2.5) added, and (3)(a) to (3)(d) repealed, pp. 1032, 1033, �� 1, 2, effective May 5. L. 87: (2.5)(b) repealed, p. 1582, � 40, effective July 10. L. 88: (3)(e) amended, p. 917, � 3, effective April 14. L. 89: (2) R&RE, (2.3) added, and (2.5)(a) amended, p. 1272, �� 1, 2, effective May 17. L. 90: (1) and (2) R&RE and (2.3) and (2.5)(a) repealed, pp. 1442, 1443, �� 1, 2, effective April 17. L. 91: (1)(a) and (1)(b) amended, p. 714, � 1, effective March 28. L. 92: (2.7) added, p. 965, � 3, effective June 1. L. 97: (1), (2), and (2.7) amended and (2.8) added, p. 308, � 1, effective August 6. L. 98: (1) and (2.8)(c) amended, p. 409, � 1, effective April 21. L. 2000: (2) amended and (2.1) added, p. 295, � 1, effective July 1. L. 2001: (1)(d), (1)(e), (2), and (2.1) amended, p. 449, � 1, effective August 8. L. 2002: (1)(d) and (1)(e) amended, p. 7, � 1, effective August 7; (2.1) amended, p. 365, � 1, effective August 7. L. 2003: (1)(c) and (1)(d) amended, p. 808, � 1, effective March 28. L. 2005: (1)(c) and (1)(d) amended, p. 374, � 1, effective August 8. L. 2006: (1)(e), IP(2.1), and (2.8)(b) amended and (1)(f) and (2.2) added, p. 448, �� 1, 2, effective August 7. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, � 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended, (HB 14-1223), ch. 87, p. 332, � 1, effective August 6; (1)(e) and (1)(f) amended, (HB 14-1307), ch. 163, p. 573, � 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended, (HB 15-1256), ch. 91, p. 261, � 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE, (SB 15-288), ch. 270, p. 1060, � 3, effective January 1, 2016. L. 2016: (1.5)(a) amended, (HB 16-1367), ch. 301, p. 1217, � 1, effective June 10. L. 2017: (1.5)(a)(IV)(A) and (1.5)(a)(IV)(B) amended, (HB 17-1128), ch. 28, p. 83, � 1, effective March 8. L. 2018: (2.3)(b) amended, (HB 18-1375), ch. 274, p. 1715, � 67, effective May 29; (1.5)(a)(III)(B), (1.5)(a)(III)(D), (1.5)(a)(IV)(C), (1.5)(a)(V)(B), (1.5)(a)(V)(D), and (1.5)(a)(VI) amended and (1.5)(a)(IV)(D) repealed, (HB 18-1242), ch. 141, p. 917, � 1, effective August 8. L. 2020: (1.5)(a)(III)(A), (1.5)(a)(III)(B), (1.5)(a)(IV)(B), and (1.5)(a)(IV)(C) amended, (HB 20-1281), ch. 136, p. 590, � 1, effective September 14; (3)(e) amended and (3)(f) added, (HB 20-1029), ch. 242, p. 1165, � 1, effective September 14. L. 2022: (2.3)(a) amended and (2.3)(c), (2.3)(d), (2.3)(e), and (2.3)(f) added, (SB 22-065), ch. 45, p. 221, � 1, effective August 10. L. 2023: (1.5)(a)(I)(A), (1.5)(a)(II), (1.5)(a)(III), (1.5)(a)(IV)(A), (1.5)(a)(V)(A), and (1.5)(a)(V)(B) amended, (HB 23-1139), ch. 38, p. 154, � 1, effective August 7. L. 2024: (1.5)(a)(II)(B), (1.5)(a)(III)(A), (1.5)(a)(III)(C), (1.5)(a)(IV)(A), (1.5)(a)(IV)(C), (1.5)(a)(V)(A), and (1.5)(a)(V)(B) amended and (1.5)(a)(II)(C) repealed, (SB 24-138), ch. 57, p. 197, � 1, effective August 7.

Editor's note: Amendments to subsections (1)(e) and (1)(f) by HB 14-1223 and

HB 14-1307 were harmonized.

C.R.S. § 30-5-109.5

30-5-109.5. Broomfield, city and county of. As of November 15, 2001, the corporate limits of the city and county of Broomfield shall be as follows: Two parcels of land in all or portions of sections one, two, three, four, five, six, seven, eight, and eleven, all in township two south, range sixty-nine west and a portion of section one, township two south, range seventy west; all or portions of sections twelve, thirteen, fourteen, fifteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty-two, thirty-three, thirty-four, thirty-five, and thirty-six all in township one south, range sixty-nine west; all or portions of sections two, three, four, five, six, seven, eight, nine, ten, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three all in township one south, range sixty-eight west; and all or portions of sections twenty-three, twenty-six, twenty-seven, thirty-one, thirty-two, thirty-three, thirty-four, and thirty-five all in township one north, range sixty-eight west, all of the sixth principal meridian, Broomfield county, Colorado, except for those parcels otherwise remaining in the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001, pursuant to sections 10 to 13 of article XX of the state constitution.

Source: L. 2004: Entire section added, p. 640, � 3, effective April 23.

C.R.S. § 30-5-148

30-5-148. Morgan. So much of the county of Weld as is included in the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Morgan:

Beginning at the southeast corner of Weld county, and running thence west

along the south line of Weld county to a point at the west line of range sixty, west of the sixth principal meridian; thence north, along the west line of said range sixty, to a point on said range line at the north line of township six, north of range sixty, west; thence east, along said north line of township six, north, and continuing on said course to a point on the east line of said county of Weld and the west line of range fifty-four; thence south, along the east boundary line of said Weld county, to the place of beginning.

Source: L. 1889: p. 267, � 1. R.S. 08: � 1127. C.L. � 8609. CSA: C. 44, � 51. CRS

53: � 34-1-48. C.R.S. 1963: � 34-1-48.

C.R.S. § 30-5-170

30-5-170. Washington. (1) The county of Washington is hereby established, with the same legal capacity and functions as other counties of this state, and the boundaries are as follows:

Beginning at the southeast corner of Weld county, and running thence west

along the south boundary of Weld county to a point at the west line of range fifty-four west of the sixth principal meridian; thence north along the west line of said range fifty-four to a point on said range line at the north line of township five, north of range fifty-four west; thence east along said north line of township five north, and continuing on said course direct to a point on the east boundary line of the state, and of said Weld county; thence south along the east boundary line of the state and Weld county to the place of beginning.

(2)  There is hereby stricken from the county of Adams, formerly a part of the

county of Arapahoe, and annexed to the county of Washington, all that territory now a part of Adams county, formerly a part of Arapahoe county, described as follows:

Beginning at the intersection of the east boundary line of range forty-nine

west and the north boundary line of Adams county; thence west along the north boundary line of said Adams county to the east boundary line of range fifty-seven west; thence south along said line to the south boundary line of said Adams county; thence east along the southern boundary of said Adams county to the east boundary line of range forty-nine west; thence north along said line to the place of beginning.

Source: L. 1887: p. 251, � 1. L. 03: p. 169, � 1. R.S. 08: �� 1148, 1149. C.L. ��

8632, 8633. CSA: C. 44, �� 75, 76. CRS 53: � 34-1-70. C.R.S. 1963: � 34-1-70.

C.R.S. § 30-5-171

30-5-171. Weld. Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, beginning at the intersection of the west line of range sixty-eight west with the base line; thence north on said range line to its intersection with the north line of township four north; thence east on said township line to its intersection with the west line of range sixty-seven west; thence north on said range line to its intersection with the north boundary line of Colorado; thence east along said north boundary line to its intersection with the west line of range fifty-five west; thence south on said range line to the southeast corner of township nine north, range fifty-six west; thence west on the south line of said township and range to the northeast corner of township eight north, range fifty-six west; thence south on the west line of range fifty-five west to its intersection with the north line of township six north; thence west on said township line to its intersection with the west line of range sixty west; thence south on said range line to the southeast corner of township five north, range sixty-one west; thence west on the south line of said township and range to the northeast corner of township four north, range sixty-one west; thence south on the east line of range sixty-one west to its intersection with the base line; and thence west on the base line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: R.S. p. 160, � 21. G.L. � 361. G.S. � 436. R.S. 08: � 1150. C.L. � 8634.

CSA: C. 44, � 77. CRS 53: � 34-1-71. C.R.S. 1963: � 34-1-71. L. 81: Entire section R&RE, p. 1433, � 21, effective July 1. L. 2004: Entire section amended, p. 640, � 5, effective April 23.

C.R.S. § 30-7-101

30-7-101. County seats designated. The county seats of the several counties of the state of Colorado as heretofore established by statutes or statutory election proceedings are hereby confirmed, validated, and established from the date of such statutory enactment or proceeding as follows:

CountyCounty Seat


(1)  Adams  Brighton


(2)  Alamosa  Alamosa


(3)  Arapahoe  Littleton


(4)  Archuleta  Pagosa Springs


(5)  Baca  Springfield


(6)  Bent  Las Animas


(7)  Boulder  Boulder


(8)  Broomfield, city and county of  Broomfield


(9)  Chaffee  Salida


(10)  Cheyenne  Cheyenne Wells


(11)  Clear Creek  Georgetown


(12)  Conejos  Conejos


(13)  Costilla  San Luis


(14)  Crowley  Ordway


(15)  Custer  Westcliffe


(16)  Delta  Delta


(17)  Denver, city and county of  Denver


(18)  Dolores  Dove Creek


(19)  Douglas  Castle Rock


(20)  Eagle  Eagle


(21)  Elbert  Kiowa


(22)  El Paso  Colorado Springs


(23)  Fremont  Cañon City


(24)  Garfield  Glenwood Springs


(25)  Gilpin  Central City


(26)  Grand  Hot Sulphur Springs


(27)  Gunnison  Gunnison


(28)  Hinsdale  Lake City


(29)  Huerfano  Walsenburg


(30)  Jackson  Walden


(31)  Jefferson  Golden


(32)  Kiowa  Eads


(33)  Kit Carson  Burlington


(34)  Lake  Leadville


(35)  La Plata  Durango


(36)  Larimer  Fort Collins


(37)  Las Animas  Trinidad


(38)  Lincoln  Hugo


(39)  Logan  Sterling


(40)  Mesa  Grand Junction


(41)  Mineral  Creede


(42)  Moffat  Craig


(43)  Montezuma  Cortez


(44)  Montrose  Montrose


(45)  Morgan  Fort Morgan


(46)  Otero  La Junta


(47)  Ouray  Ouray


(48)  Park  Fairplay


(49)  Phillips  Holyoke


(50)  Pitkin  Aspen


(51)  Prowers  Lamar


(52)  Pueblo  Pueblo


(53)  Rio Blanco  Meeker


(54)  Rio Grande  Del Norte


(55)  Routt  Steamboat Springs


(56)  Saguache  Saguache


(57)  San Juan  Silverton


(58)  San Miguel  Telluride


(59)  Sedgwick  Julesburg


(60)  Summit  Breckenridge


(61)  Teller  Cripple Creek


(62)  Washington  Akron


(63)  Weld  Greeley


(64)  Yuma  Wray


Source: L. 55: p. 244, � 1. CRS 53: � 34-4-1. C.R.S. 1963: � 34-4-1. L. 2001:

Entire section amended, p. 256, � 3, effective November 15.

C.R.S. § 32-22-103

32-22-103. Front range passenger rail district - creation - purpose - boundaries - reports. (1) The front range passenger rail district is hereby created as a body politic and corporate and a political subdivision of the state. The district is not an agency of state government and is not subject to administrative direction by any department, commission, board, bureau, or agency of the state.

(2)  The purpose of the district is to research, develop, construct, operate, and

maintain an interconnected passenger rail system within the front range that is competitive in terms of travel time for comparable trips with other modes of surface transportation. In addition to a main North-South passenger rail line, the district shall, as specified in this article 22:

(a)  Collaborate with the regional transportation district to ensure interconnectivity

with any passenger rail system operated by or for the regional transportation district;

(b)  If deemed appropriate by the board and by the board of the regional

transportation district, share capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service;

(c)  Collaborate with Amtrak on interconnectivity with Amtrak's Southwest Chief,

California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train;

(d)  Coordinate with the department of transportation to ensure that any district

front range passenger rail system is well-integrated into the state's multimodal transportation system and does not impair the efficiency or safety of or otherwise adversely affect existing transportation infrastructure or operations and hold at least one joint meeting annually of the board and the transportation commission created in section 43-1-106 (1), which meeting shall include an annual update, which may be provided by district staff, and may be held in a manner that allows members of the board and commission to attend remotely by electronic means.

(e)  Hold at least one joint meeting annually of the board and the board of directors

of the I-70 coalition, or a successor entity of the coalition, which meeting shall include an annual update, which may be provided by district staff, and may be held in a manner that allows members of the boards to attend remotely by electronic means, to ensure that any district front range passenger rail system interconnects with any passenger rail system that serves the interstate highway 70 mountain corridor; and

(f)  Hold at least one joint meeting annually of the board and the board of directors

of the regional transportation district, which meeting shall include an annual update, which may be provided by district staff, and may be held in a manner that allows members of the boards to attend remotely by electronic means, regarding operational and interconnectivity issues.

(3)  Subject to the environmental review process required by the National

Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., and a complete alternatives analysis, the preferred alignment for the northern segment of the main North-South passenger rail line is through the northwest rail corridor. The district shall prioritize the initiation of construction and completion of that corridor.

(4)  The area that comprises the district extends from Wyoming to New Mexico and

includes:

(a)  The entirety of the city and county of Broomfield and the city and county of

Denver;

(b)  All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano,

Jefferson, Larimer, Las Animas, and Pueblo counties that are located within the territory of a metropolitan planning organization and all areas within Weld county that are located within the city of Longmont and the town of Erie;

(c)  All areas within Huerfano, Las Animas, and Pueblo counties that are not located

within the territory of a metropolitan planning organization and that are located within five miles of the public right-of-way of interstate highway 25; and

(d)  All areas within Larimer county that are not located within the territory of a

metropolitan planning organization and that are north of the city of Fort Collins and located within five miles of the public right-of-way of interstate highway 25.

(5) (a)  In pursuing the completion of construction and operation of the northwest

fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service, the district, the department of transportation, the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), and the regional transportation district, created in section 32-9-105, shall provide a report containing an implementation plan for construction and operations of the corridor to the transportation legislation review committee, created in section 43-2-145 (1)(a), or its successor committee, and to the governor no later than September 30, 2024. The implementation plan must:

(I)  Identify all ongoing or completed studies and service development plans that

could be leveraged to accelerate approval and permitting and require the district and the department of transportation to use existing contracts to the extent possible to conduct rail traffic controller modeling and other analyses for intercity passenger rail service from Union Station to Fort Collins for at least two scenarios, including a scenario of three round trips per day and a scenario of five round trips per day;

(II)  Identify and evaluate options for creating a new standalone entity such as a

Colorado rail authority, a separate legal entity created pursuant to sections 29-1-203 and 29-1-203.5, a separate legal entity created pursuant to articles 121 to 137 of title 7, or a standalone intergovernmental agreement as a business model with a goal of creating such a separate legal entity or executing such an agreement no later than December 31, 2024; and

(III)  Explore the viability of Amtrak or other entities as potential operators for

intercity passenger rail service.

(b)  In addition to the report required by subsection (5)(a) of this section, no later

than March 1, 2025, the district, the department of transportation, the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), the regional transportation district, created in section 32-9-105, and any separate legal entity created pursuant to sections 29-1-203 and 29-1-203.5 or articles 121 to 137 of title 7 shall provide a report concerning a plan to begin providing front range passenger rail service no later than January 1, 2029, to the house of representatives transportation, housing and local government committee and the senate transportation and energy committee, or their successor committees, and the governor. When developed, the plan must include descriptions of steps taken to maximize the chances of securing federal grant assistance, including policies and strategies relating to reducing climate impacts, providing for all-hazards resilience, enhancing benefits to underserved communities, and promoting investments in high-quality workforce development programs, and of how the project will create good-paying, high-quality, and safe jobs. The parties shall coordinate with stakeholders, including labor organizations, affected communities, underserved communities, local governments, environmental organizations, and businesses, on the development of the plan. The report shall include an assessment of whether additional revenue is needed to support such service and, if so, recommended sources of such funding.

(c)  In addition to the reports required in subsections (5)(a) and (5)(b) of this section,

if front range passenger service has not begun by January 1, 2029, the district, in cooperation with the department of transportation, the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), the regional transportation district, created in section 32-9-105, and any separate legal entity created pursuant to sections 29-1-203 and 29-1-203.5 or articles 121 to 137 of title 7 shall provide a report detailing the reasons why such service has not begun and a detailed plan for providing service on January 1, 2029, and each six months thereafter until service is initiated.

Source: L. 2021: Entire article added, (SB 21-238), ch. 401, p. 2657, � 1, effective

June 30. L. 2024: (5) added, (SB 24-184), ch. 186, p. 1050, � 6, effective May 16; (2)(d), (2)(e), (2)(f), (4)(b), (4)(c), and (4)(d) amended, (HB 24-1012), ch. 126, p. 419, � 1, effective August 7.

Cross references: For the legislative declaration in SB 24-184, see section 1 of

chapter 186, Session Laws of Colorado 2024.

C.R.S. § 34-60-106

34-60-106. Additional powers of commission - fees - rules - definitions - repeal. (1) The commission also shall require:

(a)  Identification of ownership of oil and gas wells, producing leases, tanks,

plants, and structures;

(b)  The making and filing with the commission of copies of well logs,

directional surveys, and reports on well location, drilling, and production; except that logs of exploratory or wildcat wells marked confidential shall be kept confidential for six months after the filing thereof, unless the operator gives written permission to release such logs at an earlier date;

(c)  The drilling, casing, operation, and plugging of seismic holes or

exploratory wells in such manner as to prevent the escape of oil or gas from one stratum into another, the intrusion of water into oil or gas stratum, the pollution of fresh water supplies by oil, gas, salt water, or brackish water; and measures to prevent blowouts, explosions, cave-ins, seepage, and fires;

(d)  (Deleted by amendment, L. 94, p. 1980, � 6, effective June 2, 1994.)


(e)  That every person who produces, sells, purchases, acquires, stores,

transports, refines, or processes oil or gas in this state shall keep and maintain within this state, for a period of five years, complete and accurate records of the quantities thereof, which records, or certified copies thereof, shall be available for examination by the commission, or its agents, at all reasonable times within said period and that every such person shall file with the commission such reasonable reports as it may prescribe with respect to such oil or gas or the products thereof;

(f) (I)  That no operations for the drilling of a well for oil and gas shall be

commenced without first:

(A)  Applying for a permit to drill, which must include proof either that: The

operator has filed an application with the local government with jurisdiction to approve the siting of the proposed oil and gas location and the local government's disposition of the application; or the local government with jurisdiction does not regulate the siting of oil and gas locations; and

(B)  Obtaining a permit from the commission, under rules prescribed by the

commission;

(I.5)  That oil and gas operations shall not occur without the operator

obtaining and maintaining any necessary permits and a license to conduct oil and gas operations from the commission, in accordance with rules promulgated by the commission; and

(II)  Paying to the commission a filing and service fee to be established by the

commission for the purpose of paying the expense of administering this article 60 as provided in section 34-60-122, which fee may be transferable or refundable, at the option of the commission, if the permit is not used.

(III)  Repealed.


(g)  That the production from wells be separated into gaseous and liquid

hydrocarbons and that each be accurately measured by such means and standards as prescribed by the commission;

(h)  The operation of wells with efficient gas-oil and water-oil ratios, the

establishment of these ratios, and the limitation of the production from wells with inefficient ratios;

(i)  Certificates of clearance in connection with the transportation and

delivery of oil and gas or any product; and

(j)  Metering or other measuring of oil, gas, or product in pipelines, gathering

systems, loading racks, refineries, or other places.

(2)  The commission may regulate:


(a)  The drilling, producing, and plugging of wells and all other operations for

the production of oil or gas;

(b)  The stimulating and chemical treatment of wells; and


(c)  The spacing and number of wells allowed in a drilling unit.


(d)  Repealed.


(2.5) (a)  In exercising the authority granted by this article 60, the commission

shall regulate oil and gas operations in a reasonable manner to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources and shall protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations.

(b)  The nonproduction of oil and gas resulting from a conditional approval or

denial authorized by this subsection (2.5) does not constitute waste.

(3)  The commission also has the authority to:


(a)  Limit the production of oil or gas, or both, from any pool or field for the

prevention of waste, and to limit and to allocate the production from such pool or field among or between tracts of land having separate ownerships in the tracts of land, on a fair and equitable basis so that each such tract will be permitted to produce no more than its just and equitable share from the pool and so as to prevent, insofar as is practicable, reasonably avoidable drainage from each such tract that is not equalized by counter-drainage;

(b)  Classify wells as oil or gas wells for purposes material to the

interpretation or enforcement of this article 60;

(c)  After consultation with the division of administration in the department of

public health and environment, require operators to take such actions between May 1 and September 30 of each year to reduce emissions of oxides of nitrogen (NOx) generated from production and preproduction operations as the commission deems appropriate to assure compliance with:

(I)  NOx intensity targets; and


(II)  Other NOx rules that the air quality control commission adopts by rule to

achieve sector-wide compliance with the state's 2030 goals for NOx emission reductions; and

(d)  When requiring operators to take action pursuant to subsection (3)(c) of

this section, prioritize actions by those operators that do not demonstrate compliance with any applicable NOx intensity targets or other NOx rules that the air quality control commission adopts to achieve sector-wide compliance with the state's 2030 goals for NOx emission reductions.

(3.5)  The commission shall require the furnishing of reasonable security with

the commission by lessees of land for the drilling of oil and gas wells, in instances in which the owner of the surface of lands so leased was not a party to such lease, to protect such owner from unreasonable crop losses or land damage from the use of the premises by said lessee. The commission shall require the furnishing of reasonable security with the commission, to restore the condition of the land as nearly as is possible to its condition at the beginning of the lease and in accordance with the owner of the surface of lands so leased.

(4)  The grant of any specific power or authority to the commission shall not

be construed in this article to be in derogation of any of the general powers and authority granted under this article.

(5)  The commission shall also have power to make determinations, execute

waivers and agreements, grant consent to delegations, and take other actions required or authorized for state agencies by those laws and regulations of the United States which affect the price and allocation of natural gas and crude oil, including the federal Natural Gas Policy Act of 1978, 15 U.S.C. sec. 3301 et seq., including the power to give written notice of administratively final determinations.

(6)  The commission has the authority, as it deems necessary and convenient,

to conduct any hearings or to make any determinations it is otherwise empowered to conduct or make by means of an appointed administrative law judge or hearing officer, but recommended findings, determinations, or orders of any administrative law judge or hearing officer become final in accordance with section 34-60-108 (9). Upon appointment by the commission, a member of the commission may act as a hearing officer.

(7) (a)  The commission may establish, charge, and collect docket fees for the

filing of applications, petitions, protests, responses, and other pleadings. All fees shall be deposited in the energy and carbon management cash fund created in section 34-60-122 (5) and are subject to appropriations by the general assembly for the purposes of this article 60.

(b)  The commission shall by rule establish the fees for the filing of

applications in amounts sufficient to recover the commission's reasonably foreseeable direct and indirect costs in conducting the analysis, including the annual review of financial assurance pursuant to subsection (13) of this section, necessary to assure that permitted operations will be conducted in compliance with all applicable requirements of this article 60.

(8)  The commission shall prescribe special rules and regulations governing

the exercise of functions delegated to or specified for it under the federal Natural Gas Policy Act of 1978, 15 U.S.C. sec. 3301 et seq., or such other laws or regulations of the United States which affect the price and allocation of natural gas and crude oil in accordance with the provisions of this article.

(9) (a) (I)  Notwithstanding section 34-60-120 or any other provision of law

and subject to subsection (9)(a)(II) of this section, the commission, as to class II and class VI injection wells classified in 40 CFR 144.6, may perform all acts for the purposes of protecting underground sources of drinking water in accordance with state programs authorized by the federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., and regulations under those sections, as amended, and ensuring the safe and effective sequestration of greenhouse gases in a verifiable manner that meets Colorado's short- and long-term greenhouse gas emission reduction goals, as set forth in section 25-7-102 (2)(g).

(II)  In performing acts for the purpose of ensuring the safe and effective

sequestration of greenhouse gases pursuant to subsection (9)(a)(I) of this section, the commission shall act in accordance with subsection (9)(c) of this section and only after the governor and the commission have made an affirmative determination that the state has sufficient resources necessary to ensure the safe and effective regulation of the sequestration of greenhouse gases in accordance with the findings from the commission's study conducted pursuant to subsection (9)(b) of this section.

(b)  The commission shall:


(I)  Conduct a study to evaluate what resources are needed to ensure the safe

and effective regulation of the sequestration of greenhouse gases and identify and assess the applicable resources that the commission or other state agencies have; and

(II)  Report its findings to the governor and the general assembly by

December 1, 2021.

(c) (I)  The commission may seek class VI injection well primacy under the

federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., as amended, after the commission:

(A)  Determines it has the necessary resources for the application outlined in

the commission's study performed pursuant to subsection (9)(b) of this section; and

(B)  Holds a public hearing on the matter.


(II) (A)  The commission may issue and enforce permits for geologic storage

operations and may regulate geologic storage operations after the commission makes the determination and holds the hearing set forth in subsection (9)(c)(I) of this section and the commission and the governor satisfy the requirements set forth in subsection (9)(a) of this section.

(B)  A person that willfully violates a class VI rule, regulation, permit, or order

of the commission issued pursuant to subsection (9)(c)(II)(A) of this section commits a misdemeanor and, upon conviction by a court of competent jurisdiction, is subject to a fine of at least five thousand dollars and no more than seven thousand five hundred dollars for each act of violation and for each day that the person remains in violation.

(III) (A)  If a geologic storage location is proposed to be sited in an area that

would affect a disproportionately impacted community, the commission shall weigh the geologic storage operator's submitted cumulative impacts analysis and determine whether, on balance, the geologic storage operations will have a positive effect on the disproportionately impacted community. A proposal that will have negative net cumulative impacts on any disproportionately impacted community must be denied. The commission's decision must include a plain language summary of its determination.

(B)  The commission may amend by rule the cumulative impacts analysis and

requirements set forth in this subsection (9)(c)(III) if the commission finds the analysis and requirements to be inconsistent with, or incomplete with respect to, the federal environmental protection agency's requirements for class VI primacy.

(C)  Repealed.


(IV) (A)  The commission shall require each geologic storage operator to

provide adequate financial assurance demonstrating that the geologic storage operator is financially capable of fulfilling every obligation imposed on the operator under this article 60 and under rules that the commission adopts pursuant to this article 60.

(B)  The financial assurance required under this subsection (9)(c)(IV) must

cover the cost of corrective action, injection well plugging, post-injection site care, site closure, and any emergency and remedial response.

(C)  The commission shall adopt rules requiring that the financial assurance

cover the cost of obligations that are in addition to the obligations listed in subsection (9)(c)(IV)(B) of this section if the additional obligations are reasonably associated with geologic storage operations.

(D)  A geologic storage operator shall maintain the financial assurance

required by this subsection (9)(c)(IV) or any rules adopted pursuant to this subsection (9)(c)(IV) until the commission approves site closure, as specified in rules adopted by the commission. Except as described in subsection (9.4) of this section, commission approval of a site closure does not otherwise modify an operator's responsibility to comply with applicable laws.

(D.5)  Repealed.


(E)  Financial assurance provided under this subsection (9)(c)(IV) may be in

the form of a surety bond, insurance, or any other instrument that the commission, by rule, deems satisfactory.

(d)  In issuing and enforcing permits for geologic storage operations, the

commission shall ensure, after a public hearing, that:

(I)  The permitting of a geologic storage location complies with a local

government's siting of the geologic storage location and that the commission has consulted with any local government whose boundaries include lands overlying the geologic storage facility;

(II)  The proposed new or modified geologic storage location has received any

applicable air permits from the division of administration in the department of public health and environment;

(III)  The geologic storage operator has received the consent of any surface

owner or owners of the land where the surface disturbance will occur and has provided the commission a written contractual agreement that the surface owner or owners have executed; and

(IV)  The commission has evaluated and addressed any class VI injection well

impacts from the proposed class VI injection well on the affected area to ensure the terms and conditions of any permit issued under this section are sufficient to ensure that any class VI injection well impacts are avoided, minimized to the extent practicable, and, to the extent that any class VI injection well impacts remain, that the impacts are mitigated. The commission shall provide a plain language summary of how the negative impacts are avoided or, if not avoided, minimized and mitigated and, if any, the negative impacts that cannot be mitigated.

(d.5) (I)  For the purposes of implementing and administering this subsection

(9), the commission may assess and collect regulatory and permitting fees from geologic storage operators in an amount and frequency determined by the commission by rule.

(II)  The commission shall transfer any fees assessed and collected pursuant

to subsection (9)(d.5)(I) of this section to the state treasurer, who shall credit the fees to the energy and carbon management cash fund created in section 34-60-122 (5).

(e)  As used in this subsection (9), unless the context otherwise requires:


(I)  Class VI injection well impacts means the effect on the public health

and the environment, including air, water and soil, and the climate, caused by the incremental impact that a proposed new or significantly modified class VI injection well and associated infrastructure would have when added to the impacts from other development in the affected area.

(II)  Corrective action has the meaning set forth in 40 CFR 146.81.


(III)  Repealed.


(IV)  Greenhouse gas has the meaning set forth in section 25-7-140 (6).


(V)  Post-injection site care has the meaning set forth in 40 CFR 146.81.


(VI)  Repealed.


(9.3) (a)  The commission, in consultation with the department of public

health and environment, may adopt rules to establish a process to certify the quantity and demonstrated security of carbon dioxide stored in a class VI injection well.

(b)  The commission, in consultation with the department of public health and

environment, shall evaluate the risk of class VI injection wells by determining the likelihood and severity of an incident involving a class VI injection well, the potential for exposure from such incident, and the overall effect that such incident could have on the public health, safety, and welfare and on the environment.

(9.4) (a)  Before the commission approves a site closure, title to the injection

carbon dioxide stored by a geologic storage operator remains with the geologic storage operator or any party to which the geologic storage operator transferred title.

(b)  In addition to any criteria for site closure required by rules adopted by the

commission, the commission shall not approve a site closure until the commission has determined that the geologic storage operator requesting the site closure has contributed money to the geologic storage stewardship enterprise cash fund created in section 34-60-144 (7) in an amount sufficient to pay for long-term stewardship of the geologic storage facility for which the operator requests the site closure.

(c)  Upon approval by the commission of a site closure:


(I)  Ownership of the injection carbon dioxide and ownership of any remaining

geologic storage facilities, including those used to inject, monitor, or store injection carbon dioxide, transfer to the state without payment of compensation;

(II)  The geologic storage stewardship enterprise created in section 34-60-144 shall undertake long-term stewardship of the injection carbon dioxide and any

associated geologic storage facility; and

(III)  The geologic storage operator is released from all further regulatory

liability associated with the geologic storage operations or associated geologic storage facility, except as provided in subsection (9.4)(d) of this section.

(d)  Regulatory liability remains with the geologic storage operator to the

extent that the commission determines, after notice and hearing, that:

(I)  The geologic storage operator was in material violation of a state law or

regulation related to the geologic storage operations or any associated geologic storage facility that was not remedied prior to approval of site closure and has not been remedied since that time, and any applicable statutes of limitation have not run;

(II)  The geologic storage operator provided deficient or erroneous

information that was material and relied upon by the commission to support the approval of site closure;

(III)  Contractual, civil, or criminal liability arises from conduct of the geologic

storage operator associated with the geologic storage operations or any associated geologic storage facility and such liability materially affects the commission's decision to approve site closure; or

(IV)  There is fluid migration for which the geologic storage operator is

responsible that causes or threatens to cause imminent and substantial endangerment to an underground source of drinking water.

(e)  After notice and hearing, the commission may reimpose any regulatory

liability from which the geologic storage operator has been released pursuant to subsection (9.4)(c)(III) of this section and financial assurance obligations, if the commission determines that:

(I)  The geologic storage operator made a material misrepresentation or

omission that caused the commission to approve a site closure;

(II)  The geologic storage operator was in material violation of a duty imposed

on the operator by state law, including by rules, prior to approval of a site closure, the material violation has not been remedied, and any applicable statutes of limitation have not run; or

(III)  There is migration of the injection carbon dioxide for which the geologic

storage operator is responsible that causes or threatens to cause imminent and substantial endangerment to an underground source of drinking water.

(f)  Nothing in this subsection (9.4) waives, abrogates, or limits governmental

immunity, as described in article 10 of title 24. Geologic storage facilities, geologic storage locations, geologic storage resources, injection carbon dioxide, and facilities associated with geologic storage operations are not gas facilities for the purposes of section 24-10-106 (1)(f) and do not constitute any other area or facility for which sovereign immunity is waived pursuant to section 24-10-106 (1).

(g)  As used in this subsection (9.4), unless the context otherwise requires:


(I)  Regulatory liability means a geologic storage operator's obligation to

comply with any rule, regulation, permit condition, or order of the commission adopted or issued pursuant to subsection (9)(c)(II) of this section for geologic storage operations.

(II)  Regulatory liability includes a geologic storage operator's exposure to

penalties assessed in accordance with section 34-60-121 for violations of any rule, regulation, permit condition, or order of the commission adopted or issued pursuant to subsection (9)(c)(II) of this section for geologic storage operations.

(III)  Regulatory liability does not include a geologic storage operator's civil,

contractual, or criminal liability.

(9.5) (a)  On or before February 1, 2024, the commission, in consultation with

the department of public health and environment, shall conduct a study to better understand the safety of class VI injection wells, the potential for carbon dioxide releases from the wells, and methods to limit the likelihood of a carbon dioxide release from a class VI injection well or carbon dioxide pipeline or sequestration facility. The study must include:

(I)  An evaluation of the potential air quality impacts of capture technology at

a carbon dioxide source facility;

(II)  Carbon dioxide pipeline safety considerations, including computer

modeling to simulate carbon dioxide leaks from pipelines of varying diameters and lengths;

(III)  Appropriate safety protocols in the operation and maintenance of a class

VI injection well;

(IV)  Methods for determining the stability of underground carbon dioxide

storage and estimates of the time needed for carbon dioxide plume stabilization; and

(V)  Recommendations for safety measures to protect communities from

carbon dioxide releases, such as hazard zones, public notification systems, setbacks, additional monitoring requirements, or other measures.

(b)  On or before March 1, 2024, the commission shall present its findings and

conclusions from the study, including any recommendations for legislation, to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. The commission shall not permit a class VI injection well in the state until the study has been completed and presented to the general assembly.

(c)  A class VI injection well shall not be located within two thousand feet of a

residence, school, or commercial building. The commission may adjust the two-thousand-foot setback by rule after studying and evaluating the severity of impacts arising from four or more class VI injection wells that have been in place in the state for at least four years.

(9.7)  Repealed.


(10)  The commission shall promulgate rules and regulations to protect the

health, safety, and welfare of any person at an oil or gas well; except that the commission shall not adopt such rules and regulations with regard to parties or requirements regulated under the federal Occupational Safety and Health Act of 1970.

(11) (a)  By July 16, 2008, the commission shall:


(I) (A)  Promulgate rules to establish a timely and efficient procedure for the

review of applications for a permit to drill and applications for an order establishing or amending a drilling and spacing unit.

(B)  Repealed.


(II)  Promulgate rules, in consultation with the department of public health

and environment, to protect the health, safety, and welfare of the general public in the conduct of oil and gas operations. The rules shall provide a timely and efficient procedure in which the department has an opportunity to provide comments during the commission's decision-making process. This rule-making shall be coordinated with the rule-making required in section 34-60-128 (3)(d) so that the timely and efficient procedure established pursuant to this subsection (11) is applicable to the department and to the division of parks and wildlife.

(b) (I)  The general assembly shall review the rules promulgated pursuant to

paragraph (a) of this subsection (11) acting by bill pursuant to section 24-4-103, C.R.S., and reserves the right to alter or repeal such rules.

(II)  By January 1, 2008, the commission shall promulgate rules to ensure the

accuracy of oil and gas production reporting by establishing standards for wellhead oil and gas measurement and reporting. At a minimum, the rules shall address engineering standards, heating value, specific gravity, pressure, temperature, meter certification and calibration, and methodology for sales reconciliation to wellhead meters. The rules shall be consistent with standards established by the American society for testing and materials, the American petroleum institute, the gas processors association, or other applicable standards-setting organizations, and shall not affect contractual rights or obligations.

(c)  The commission shall adopt rules that:


(I)  Adopt an alternative location analysis process and specify criteria used to

identify oil and gas locations and facilities proposed to be located near populated areas that will be subject to the alternative location analysis process;

(II)  In consultation with the department of public health and environment,

evaluate and address the potential cumulative impacts of oil and gas development;

(III)  In consultation with the department of public health and environment,

require enhanced systems and practices to avoid, minimize, and mitigate emissions of ozone precursors from operations at newly permitted oil and gas locations in the eight-hour ozone control area and northern Weld county, as those terms are defined by the air quality control commission by rule. In adopting the rules pursuant to this subsection (11)(c)(III), the commission shall:

(A)  By September 30, 2024, adopt an initial list of enhanced systems and

practices considering the best management practices that have been recommended by the department of public health and environment in consultation with operators;

(B)  Consider a proposed oil and gas location's potential to contribute to

adverse impacts through emissions of ozone precursors;

(C)  Consider any available photochemical sensitivity modeling analyses

conducted by the department of public health and environment; and

(D)  Evaluate the potential for updates to the required enhanced systems and

practices periodically to account for evolving design, operational procedures, and technologies to reduce ozone precursors.

(d) (I)  By September 30, 2024, the commission shall promulgate rules that

evaluate and address the cumulative impacts of oil and gas operations. The rules shall require evaluation of all impacts set forth in the definition of cumulative impacts described in section 34-60-103. The rules shall require addressing those impacts resulting from operations regulated by the commission. Wells drilled for the exclusive purpose of obtaining subsurface data or information to support operations regulated by the commission do not require a cumulative impacts analysis.

(II)  The commission shall provide resources to support community

engagement in the process from affected communities, including translation, outreach, and other strategies to support public participation.

(III) and (IV)  Repealed.


(12)  The commission, in consultation with the state agricultural commission

and the commissioner of agriculture, shall promulgate rules to ensure proper reclamation of the land and soil affected by oil and gas operations and to ensure the protection of the topsoil of said land during such operations.

(13)  The commission shall require every operator to provide assurance that it

is financially capable of fulfilling every obligation imposed by this article 60 as specified in rules adopted on or after April 16, 2019. The rule-making must consider: Increasing financial assurance for inactive wells and for wells transferred to a new owner; requiring a financial assurance account, which must remain tied to the well in the event of a transfer of ownership, to be fully funded in the initial years of operation for each new well to cover future costs to plug, reclaim, and remediate the well; and creating a pooled fund to address orphaned wells for which no owner, operator, or responsible party is capable of covering the costs of plugging, reclamation, and remediation. For purposes of this subsection (13), references to operator include an operator of an underground natural gas storage cavern and an applicant for a certificate of closure under subsection (17) of this section. In complying with this requirement, an operator may submit for commission approval, without limitation, one or more of the following:

(a)  A guarantee of performance where the operator can demonstrate to the

commission's satisfaction that it has sufficient net worth to guarantee performance of every obligation imposed by this article 60. The commission shall annually review the guarantee and demonstration of net worth.

(b)  A certificate of general liability insurance in a form acceptable to the

commission that names the state as an additional insured and covers occurrences during the policy period of a nature relevant to an obligation imposed by this article 60;

(c)  A bond or other surety instrument;


(d)  A letter of credit, certificate of deposit, or other financial instrument;


(e)  An escrow account or sinking fund dedicated to the performance of every

obligation imposed by this article 60;

(f)  A lien or other security interest in real or personal property of the

operator. The lien or security interest must be in a form and priority acceptable to the commission in its sole discretion. The commission shall annually review the lien or security.

(14)  Before an operator commences operations for the drilling of any oil or

gas well, such operator shall evidence its intention to conduct such operations by giving the surface owner written notice describing the expected date of commencement, the location of the well, and any associated roads and production facilities. Unless excepted by the commission due to exigent circumstances or waived by the surface owner, such notice of drilling shall be mailed or delivered to the surface owner not less than thirty days prior to the date of estimated commencement of operations with heavy equipment. The notice of drilling shall also be provided to the local government in whose jurisdiction the well is located if such local government has registered with the commission for receipt thereof.

(15)  The commission may, as it deems appropriate, assign its inspection and

monitoring function, but not its enforcement authority, through intergovernmental agreement or by private contract; except that an assignment must not allow for the imposition of any new tax or fee by the assignee in order to conduct the assigned inspection and monitoring and must not provide for compensation contingent on the number or nature of alleged violations referred to the commission by the assignee.

(15.5)  The commission shall use a risk-based strategy for inspecting oil and

gas locations that targets the operational phases that are most likely to experience spills, excess emissions, and other types of violations and that prioritizes more in-depth inspections. The commission shall:

(a)  Repealed.


(b)  Implement the systematic risk-based strategy by July 1, 2014. The

commission may use a pilot project to test the risk-based strategy.

(16)  The commission has the authority to establish, charge, and collect fees

for services it provides, including but not limited to the sale of computer disks and tapes.

(17) (a)  The commission has exclusive authority to regulate the public health,

safety, and welfare aspects, including protection of the environment, of the termination of operations and permanent closure, referred to in this subsection (17) collectively as closure, of an underground natural gas storage cavern.

(b)  No underground natural gas storage cavern may be closed unless the

operator has secured a certificate of closure from the commission. The commission shall issue a certificate of closure if the applicant demonstrates that its closure plan protects public health, safety, and welfare, including protection of the environment.

(c)  Before submitting its application, an applicant for a certificate of closure

must, to the extent such owners are reasonably identifiable from public records, notify all owners of property, both surface and subsurface, occupied by and immediately adjacent to the underground natural gas storage cavern of the applicant's intent to submit a closure plan. Immediately adjacent to means contiguous to the boundaries of the underground natural gas storage cavern. The notice shall advise the owners of a location where a full copy of the closure plan may be inspected, that written comments may be submitted to the commission, and that they may participate in the public hearing required by this subsection (17). The applicant shall notify the owners of the date, time, and place of the public hearing. Contemporaneously with notifying the owners, the applicant shall send a copy of the notice to registered homeowners' associations that have submitted a written request for such notice prior to the filing of the application with the commission and the board of county commissioners in the county where the underground natural gas storage cavern is located.

(d)  The commission shall provide the public with notice and an opportunity to

comment on an application filed under this subsection (17) for a certificate of closure pursuant to the procedures set forth in section 34-60-108 (7). The applicant shall attend the public hearing and shall be available at other reasonable times as the director may request to respond to comments and questions.

(e)  The director may consult with other state agencies possessing expertise

in matters related to closure of underground natural gas storage caverns in the areas of the jurisdiction of such agencies, including, but not limited to, safety, environmental protection, public health, water resources, and geology. Agencies consulted under this subsection (17) may include, but are not limited to, the public utilities commission, the division of reclamation, mining, and safety, the Colorado geological survey, the division of water resources, and the department of public health and environment. Any agency consulted shall provide advice and assistance with respect to matters within its expertise.

(f)  The commission may attach conditions to its certificate of closure,

including requiring reasonable recovery of residual natural gas, if the commission determines that such conditions are technically feasible and necessary to ensure compliance with the requirements of this subsection (17), taking into consideration cost-effectiveness. If the closure application requires the abandonment of wells and reclamation of well sites associated with the underground natural gas storage cavern, the commission shall attach conditions to its certificate of closure requiring that such well abandonment and reclamation occur in a manner consistent with applicable commission rules.

(g)  The commission may, subject to the limitations contained in paragraph (f)

of this subsection (17), attach conditions to its certificate of closure requiring:

(I)  Reasonable post-closure monitoring and site security at a closed

underground natural gas storage cavern; and

(II)  That the applicant for the certificate of closure will perform post-closure

corrective actions consistent with this subsection (17), including, but not limited to, the limitations contained in paragraph (f) of this subsection (17) if any such post-closure monitoring establishes that the closure does not protect public health, safety, or welfare, including protection of the environment.

(h)  The commission shall require that the applicant for a certificate of

closure provide reasonable assurance that it is financially capable of fulfilling any obligation imposed under this subsection (17) including, but not limited to, post-closure corrective action required by paragraph (g) of this subsection (17), in accordance with subsection (13) of this section.

(i)  The applicant for a certificate of closure under this subsection (17) shall

reimburse the commission's reasonable and necessary costs of reviewing and acting on the application. Such reimbursement shall include:

(I)  Reimbursement to the commission, its staff, and any agencies consulted

under this subsection (17) for the reasonable cost of the time required to review the application, at a rate commensurate with the hourly compensation of the staff employee performing the actual work, but not to exceed the hourly compensation of the highest paid commission staff employee, based on the employee's annual salary divided by two thousand eighty hours; and

(II)  Reimbursement of the reasonable cost to the commission of hiring one or

more private consultants to review the application and provide advice to the commission as a result of such review, if the applicant consents in writing to the scope and expected range of costs of the activities to be undertaken by each such private consultant. If the commission and applicant cannot agree on the scope or expected range of costs and if the commission determines a private consultant is necessary in the review of the application, then the commission may hire a private consultant at its own expense.

(18)  The commission shall promulgate rules to ensure proper wellbore

integrity of all oil and gas production wells. In promulgating the rules, the commission shall consider incorporating recommendations from the State Oil and Gas Regulatory Exchange and shall include provisions to:

(a)  Address the permitting, construction, operation, and closure of

production wells;

(b)  Require that wells are constructed using current practices and standards

that protect water zones and prevent blowouts;

(c)  Enhance safety and environmental protections during operations such as

drilling and hydraulic fracturing;

(d)  Require regular integrity assessments for all oil and gas production wells,

such as surface pressure monitoring during production; and

(e)  Address the use of nondestructive testing of weld joints.


(19)  The commission shall review and amend its flowline and inactive,

temporarily abandoned, and shut-in well rules to the extent necessary to ensure that the rules protect and minimize adverse impacts to public health, safety, and welfare and the environment, including by:

(a)  Allowing public disclosure of flowline information and evaluating and

determining when a deactivated flowline must be inspected before being reactivated; and

(b)  Evaluating and determining when inactive, temporarily abandoned, and

shut-in wells must be inspected before being put into production or used for injection.

(20)  The commission shall adopt rules to require certification for workers in

the following fields:

(a)  Compliance officers with regard to the federal Occupational Safety and

Health Act of 1970, 29 U.S.C. sec. 651 et seq., including specifically working in confined spaces;

(b)  Compliance officers with regard to codes published by the American

Petroleum Institute and American Society of Mechanical Engineers or their successor organizations;

(c)  The handling of hazardous materials;


(d)  Welders working on oil and gas process lines, including:


(I)  Knowledge of the flowline rules promulgated pursuant to subsection (19)

of this section;

(II)  A minimum of seven thousand hours of documented on-the-job training,

which requirement can be met by an employee working under the supervision of a person with the requisite seven thousand hours of training; and

(III)  Passage of the International Code Council Exam F31, national standard

journeyman mechanical, or an analogous successor exam, for any person working on pressurized process lines in upstream and midstream operations.

(20.5)  The commission shall administer this article 60 in a manner to

minimize adverse impacts to disproportionately impacted communities that are negatively affected by oil and gas operations.

(21) (a)  As used in this subsection (21), unless the context otherwise requires:


(I)  Oil and gas reports means the types of reports described in subsection

(21)(b)(I) of this section.

(II)  Random sample has the meaning set forth in section 2-3-128 (1)(e).


(b)  On or before April 15, 2025, the commission shall submit a report to the

state auditor that includes:

(I)  The following reports filed for the 2023 calendar year by the operators

included in the random sample:

(A)  Monthly production reports;


(B)  Quarterly conservation levies;


(C)  Mechanical integrity tests; and


(D)  Any reporting of emissions data, including oil and gas location

assessments and cumulative impact data identifications;

(II)  For the random sample and the total population of operators in the state,

a description of any missing oil and gas reports due for the 2023 calendar year or incomplete or incorrect oil and gas reports that were accepted for the 2023 calendar year without a request for completion or correction;

(III)  For the random sample and the total population of operators in the state,

a copy of any notices given by the commission to an operator pursuant to section 34-60-121 (4) for the 2023 calendar year; and

(IV)  For the random sample and the total population of operators in the state,

a description of any penalties assessed for the 2023 calendar year, with the data broken down by:

(A)  Type of violation; and


(B)  Penalty amount assessed against a person for the violation.


(c)  The commission shall publish the report submitted to the state auditor

pursuant to subsection (21)(b) of this section on its website.

(d)  The commission shall provide any additional information that the state

auditor requests pursuant to section 2-3-128.

(e)  This subsection (21) is repealed, effective July 1, 2026.


(22)  The commission shall create and maintain a website that serves as the

state portal for information and data regarding the commission's regulatory activities.

Source: L. 51: p. 660, � 11. CSA: C. 118, � 68(11). CRS 53: � 100-6-15. L. 55: p.

654, � 8. C.R.S. 1963: � 100-6-15. L. 64: p. 509, � 1. L. 73: p. 1071, � 1. L. 77: (3.5) added, p. 1565, � 1, effective July 1. L. 79: (5) to (8) added, p. 1320, � 2, February 16. L. 81: (9) added, p. 1339, � 4, effective July 1; (9) amended, p. 2034, � 53, effective July 14. L. 85: (10) and (11) added, p. 1129, � 1, effective July 1. L. 86: (12) added, p. 1073, � 1, effective April 3. L. 91: (1)(f) and (9) amended, p. 1415, � 3, effective April 19. L. 94: (1)(d), (2)(d), (11), and (12) amended and (13), (14), (15), and (16) added, p. 1980, � 6, effective June 2. L. 96: (15) amended, p. 346, � 1, effective April 17. L. 2001: IP(13), (13)(a), (13)(b), and (13)(e) amended and (17) added, pp. 1303, 1304, �� 2, 3, effective June 5; (14) amended, p. 491, � 6, effective July 1. L. 2005: (7) amended, p. 733, � 3, effective July 1. L. 2006: (17)(e) amended, p. 218, � 16, effective August 7. L. 2007: (2)(d) and (11) amended, pp. 1358, 1359, �� 4, 6, effective May 29; (11) amended, p. 1344, � 1, effective May 29. L. 2008: IP(11)(a), (11)(a)(II), and (11)(b)(I) amended, p. 1033, � 1, effective May 21; (11)(a)(II) amended, p. 1912, � 122, effective August 5. L. 2013: (15.5) added, (SB 13-202), ch. 274, p. 1437, � 2, effective May 24. L. 2019: IP(1), (1)(f), IP(2), (2)(b), (2)(c), (6), (7), (13), and (15) amended, (2)(d) repealed, and (2.5), (11)(c), (18), (19), and (20) added, (SB 19-181), ch. 120, p. 513, � 12, effective April 16. L. 2021: (9) amended, (SB 21-264), ch. 328, p. 2107, � 3, effective June 24. L. 2022: (21) added, (HB 22-1361), ch. 472, p. 3451, � 4, effective July 1. L. 2023: (11)(d) added, (HB 23-1294), ch. 401, p. 2408, � 6, effective June 6; (7)(a) amended and (22) added, (SB 23-285), ch. 235, p. 1232, � 3, effective July 1; (9)(a) and (9)(b)(I) amended and (9)(c) to (9)(e), (9.3), (9.5), and (9.7) added, (SB 23-016), ch. 165, p. 736, � 9, effective August 7. L. 2024: (1)(f)(I)(B), (3), and (11)(c)(I) amended and (1)(f)(I.5), (11)(c)(III), and (20.5) added, (SB 24-229), ch. 183, p. 993, � 10, effective May 16; (9)(c)(II), (9)(c)(III)(A), (9)(c)(III)(B), (9)(c)(IV)(A), (9)(c)(IV)(C), (9)(c)(IV)(D), IP(9)(d), (9)(d)(I), (9)(d)(II), (9)(d)(III), and (11)(d)(I) amended, (9)(c)(III)(C), (9)(e)(III), (11)(d)(III), and (11)(d)(IV) repealed, and (9)(c)(IV)(D.5) and (9)(d.5) added, (HB 24-1346), ch. 216, p. 1331, � 4, effective May 21. L. 2025: (9)(c)(II) and (9)(c)(IV)(D) amended, (9)(c)(IV)(D.5) and (9)(e)(VI) repealed, and (9.4) added, (HB 25-1165), ch. 257, p. 1298, � 5, effective August 6.

Editor's note: (1)  Amendments to subsection (11)(a)(II) by House Bill 08-1379

and House Bill 08-1412 were harmonized.

(2)  Subsection (11)(a)(I)(B) provided for the repeal of subsection (11)(a)(I)(B),

effective July 1, 2010. (See L. 2007, p. 1359.)

(3)  Subsection (15.5)(a)(II) provided for the repeal of subsection (15.5)(a),

effective September 1, 2014. (See L. 2013, p. 1437.)

(4)  Subsection (1)(f)(III)(B) provided for the repeal of subsection (1)(f)(III),

effective January 15, 2021. On January 15, 2021, the revisor of statutes received the notice referred to in subsection (1)(f)(III) related to the repeal. For more information about the repeal and notice, see SB 19-181. (L. 2019, p. 513.)

(5)  Subsection (9.7)(c) provided for the repeal of subsection (9.7), effective

July 1, 2025. (See L. 2023, p. 736.)

Cross references: (1)  For the legislative declaration contained in the 1994

act amending subsections (1)(d), (2)(d), (11), and (12) and enacting subsections (13), (14), (15), and (16), see section 1 of chapter 317, Session Laws of Colorado 1994. For the legislative declaration contained in the 2007 act amending subsections (2)(d) and (11), see section 1 of chapter 320, Session Laws of Colorado 2007. For the legislative declaration in the 2013 act adding subsection (15.5), see section 1 of chapter 274, Session Laws of Colorado 2013. For the legislative declaration in HB 22-1361, see section 1 of chapter 472, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1294, see section 1 of chapter 401, Session Laws of Colorado 2023. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.

(2)  For the federal Occupational Safety and Health Act of 1970, see 29

U.S.C. � 651 et seq.

C.R.S. § 35-1-105

35-1-105. State agricultural commission - creation - composition - public engagement - reports. (1) There is created the state agricultural commission, referred to in this article 1 as the commission, which consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. Of such members, one member must be appointed from each of the four agricultural districts, as defined in subsection (3) of this section, and five members must be appointed from the state at large; except that no more than three members may be appointed from any one agricultural district. No more than five of the nine members may be affiliated with the same political party. The commission is a type 1 entity, as defined in section 24-1-105.

(2)  The members of the commission shall be appointed from persons who are

currently or were previously actively engaged in the business of agriculture and allied activities, but a majority of the commission shall be appointed from persons actively engaged in the business of agriculture in such a manner that representation of no agricultural commodity organization constitutes a majority of the commission. A vacancy on the commission shall be filled by the governor by the appointment of a qualified person.

(3)  For the purposes of representation on the state agricultural commission,

this state is divided into four agricultural districts as follows:

(a)  The city and county of Denver and the counties of Adams, Arapahoe,

Douglas, and Jefferson constitute the first district.

(b)  The counties of Boulder, Cheyenne, Clear Creek, Elbert, Gilpin, Kit

Carson, Larimer, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, and Yuma constitute the second district.

(c)  The counties of Alamosa, Baca, Bent, Conejos, Costilla, Crowley, Custer,

El Paso, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, Saguache, and Teller constitute the third district.

(d)  The counties of Archuleta, Chaffee, Delta, Dolores, Eagle, Garfield,

Grand, Gunnison, Hinsdale, Jackson, Lake, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Park, Pitkin, Rio Blanco, Routt, San Juan, San Miguel, and Summit constitute the fourth district.

(3.5) (a)  Each year that a member serves on the commission, the member

shall participate in at least two public meetings in the member's district; except that each of the five members appointed from the state at large shall participate in at least one meeting per year west of the continental divide and at least one meeting per year east of the continental divide, unless the meeting is virtual.

(b)  Members are entitled to be reimbursed for reasonable costs incurred in

participating in public meetings pursuant to subsection (3.5)(a) of this section.

(c)  The commissioner shall:


(I)  Track and report to the chair of the commission the status of each voting

member's public meetings at least once per year at a time determined by the chair; and

(II)  Include the data tracked under subsection (3.5)(c)(I) of this section in the

department's annual SMART Act presentation to the general assembly pursuant to section 2-7-203.

(d)  The governor may determine that a commission member's failure to

participate in public meetings pursuant to this subsection (3.5) qualifies as cause for removal from the commission.

(4)  The commission shall elect from its members a chair, a vice-chair, and

such other commission officers as it shall determine. The commissioner of agriculture, in the discretion of the commission, may serve as secretary of the commission but shall not be eligible to appointment as a member. All commission officers hold their offices at the pleasure of the commission. Regular meetings of the commission shall be held not less than once every three months at such times as may be fixed by resolution of the commission. Special meetings may be called by the chair, by the commissioner, or by a majority of members of the commission at any time on at least three days' prior notice by mail or, in cases of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority shall constitute a quorum of the commission. Members serve without compensation but are entitled to be reimbursed for their actual and necessary traveling and subsistence expenses when absent from their places of residence in attendance at meetings.

Source: L. 49: p. 190, � 5. CSA: C. 5, � 13(7). CRS 53: � 6-1-5. C.R.S. 1963: � 6-1-5. L. 65: p. 175, � 1. L. 68: p. 127, � 136. L. 83: (1)(c)(I) and (1)(c)(II) amended, p. 1310,

� 1, effective May 26. L. 2008: (1)(a) and (1)(b) amended, p. 631, � 1, effective August 5. L. 2013: (2) amended, (HB 13-1300), ch. 316, p. 1696, � 105, effective August 7. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 77, � 105, effective February 25; (1)(a) amended, (SB 22-162), ch. 469, p. 3402, � 145, effective August 10. L. 2024: (3.5) added, (SB 24-026), ch. 145, p. 587, � 2, effective January 1, 2025.

Editor's note: Amendments to this section and subsection (1)(a) by SB 22-013

and SB 22-162 were harmonized.

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. § 37-90-103

37-90-103. Definitions - rules. As used in this article 90, unless the context otherwise requires:

(1)  Alternate point of diversion well means any well drilled and used, in

addition to an original well or other diversion, for the purpose of obtaining the present appropriation of that original well, from more than one point of diversion.

(2)  Aquifer means a formation, group of formations, or part of a formation

containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.

(3)  Artesian well means a well tapping an aquifer in which the static water

level in the well rises above where it was first encountered in the aquifer, due to hydrostatic pressure.

(3.5)  Bedrock aquifer means a designated basin bedrock aquifer.


(4)  Board or board of directors means the board of directors of a ground

water management district as organized under section 37-90-124.

(5)  Colorado water conservation board refers to the board created in

section 37-60-102.

(5.5)  Designated basin bedrock aquifer means a designated groundwater

aquifer defined as a bedrock aquifer pursuant to rules adopted by the ground water commission, where water is allocated on the basis of ownership of the overlying land and the available groundwater volume beneath the overlying land.

(6) (a)  Designated groundwater means that groundwater which in its

natural course would not be available to and required for the fulfillment of decreed surface rights, or groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of the basin, and which in both cases is within the geographic boundaries of a designated groundwater basin. Designated groundwater shall not include any groundwater within the Dawson-Arkose, Denver, Arapahoe, or Laramie-Fox Hills formation located outside the boundaries of any designated groundwater basin that was in existence on January 1, 1983.

(b) (I)  However, designated groundwater may include any groundwater in

the Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation located outside such boundaries when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations.

(II)  If, upon receipt by the state engineer of the findings of the Laramie-Fox

Hills study, as authorized by Senate Bill 250, 1985 legislative session, that the upper Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations should not be a designated groundwater basin, this paragraph (b) is repealed.

(7)  Designated groundwater basin means that area established by the

ground water commission in accordance with section 37-90-106.

(8)  Ground water commission or commission refers to the ground water

commission created and provided for in section 37-90-104 to facilitate the functioning of this article.

(9)  Ground water management district or district means any district

organized under the provisions of this article.

(10)  Historical water level means the average elevation of the groundwater

level in any area before being lowered by the activities of man, as nearly as can be determined from scientific investigation and available facts.

(10.5)  Nontributary groundwater means that groundwater, excluding

designated groundwater, the withdrawal of which will not, within one hundred years of continuous withdrawal, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. The determination of whether groundwater is nontributary shall be based on aquifer conditions existing at the time of permit application; except that, in recognition of the de minimis amount of water discharging from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers into surface streams due to artesian pressure, when compared with the great economic importance of the groundwater in those aquifers, and the feasibility and requirement of full augmentation by wells located in the tributary portions of those aquifers, it is specifically found and declared that, in determining whether groundwater of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary, it shall be assumed that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer; except that not nontributary groundwater, as defined in subsection (10.7) of this section, in the Denver basin shall not become nontributary groundwater as a result of the aquifer's hydrostatic pressure level dropping below the alluvium of an adjacent stream due to Denver basin well pumping activity. Nothing in this subsection (10.5) precludes the designation of any aquifer or basin, or any portion of an aquifer or basin, that is otherwise eligible for designation under the standard set forth in subsection (6) of this section relating to groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of a basin.

(10.7)  Not nontributary groundwater means groundwater located within

those portions of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers that are outside the boundaries of any designated groundwater basin in existence on January 1, 1985, the withdrawal of which will, within one hundred years, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate of greater than one-tenth of one percent of the annual rate of withdrawal.

(10.9)  Oil and gas well means a well permitted by the energy and carbon

management commission created in section 34-60-104.3 (1) or a well authorized by a federal or tribal entity for the primary purpose of mining, including exploration or production, of petroleum products.

(11)  Person means any individual, partnership, association, or corporation

authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States, making a beneficial use, or taking steps, or doing work preliminary to making a beneficial use of designated underground waters of Colorado.

(12)  Private driller means any individual, corporation, partnership,

association, political subdivision, or public agency which operates as lessee or owner its own well drilling rig and equipment and which digs, drills, redrills, cases, recases, deepens, or excavates a well upon the property of such entity.

(12.5)  Quarter-quarter means a fourth of a fourth of a section of land and is

equal to approximately forty acres.

(12.7)  Replacement plan means a detailed program to increase the supply

of water available for beneficial use in a designated groundwater basin or portion thereof for the purpose of preventing material injury to other water rights by the development of new points of diversion, by pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means consistent with the rules adopted by the commission. Replacement plan does not include the salvage of designated groundwater by the eradication of phreatophytes, nor does it include the use of precipitation water collected from land surfaces that have been made impermeable, thereby increasing the runoff, but not adding to the existing supply of water.

(13)  Replacement well means a new well which replaces an existing well

and which shall be limited to the yield of the original well and shall take the date of priority of the original well, which shall be abandoned upon completion of the new well.

(14)  Resident agriculturist means a bona fide farmer or rancher residing in

the designated groundwater basin whose major source of income is derived from the production and sale of agricultural products.

(15)  State engineer means the state engineer of Colorado or any person

deputized by him in writing to perform a duty or exercise a right granted in this article.

(16)  Subdivision means an area within a groundwater basin.


(17)  Supplemental well means any well drilled and used, in addition to an

original well or other diversion, for the purpose of obtaining the quantity of the original appropriation of the original well, which quantity can no longer be obtained from the original well.

(18)  Taxpaying elector means a person qualified to vote at general

elections in Colorado, who owns real or personal property within the district and has paid ad valorem taxes thereon in the twenty months immediately preceding a designated time or event, which property is subject to taxation at the time of any election held under the provisions of this article or at any other time in reference to which the term taxpaying elector is used. A person who is obligated to pay taxes under a contract to purchase real property in the district shall be considered an owner. The ownership of any property subject to the payment of a specific ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general ad valorem property taxes shall not constitute the ownership of property subject to taxation as provided in this article.

(19)  Underground water and groundwater are used interchangeably in

this article and mean any water not visible on the surface of the ground under natural conditions.

(20)  Waste means causing, suffering, or permitting any well to discharge

water unnecessarily above or below the surface of the ground.

(21) (a)  Well means any structure or device used for the purpose or with the

effect of obtaining groundwater for beneficial use from an aquifer. Well includes an augmentation well that diverts groundwater tributary to the South Platte river and delivers it to a surface stream, ditch, canal, reservoir, or recharge facility to replace out-of-priority stream depletions, or to meet South Platte river compact obligations, either directly or by recharge accretions, as part of a plan for augmentation approved by the water judge for water division 1 or a substitute water supply plan approved pursuant to section 37-92-308.

(b)  Well does not include a naturally flowing spring or springs where the

natural spring discharge is captured or concentrated by installation of a near-surface structure or device less than ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, if the owner obtains a water right for such structure or device as a spring pursuant to article 92 of this title.

(22)  Well driller means any individual, corporation, partnership, association,

political subdivision, or public agency which digs, drills, cases, recases, deepens, or excavates a well either by contract or for hire or for any consideration whatsoever.

Source: L. 65: R&RE, p. 1246, � 1. C.R.S. 1963: � 148-18-2. L. 67: p. 275, �� 1, 2.

L. 71: p. 1311, � 1. L. 83: (6) amended, p. 1414, � 1, effective May 23. L. 85: (6) amended, p. 1170, � 1, effective July 1; (10.5) added, p. 1161, � 2, effective July 1. L. 92: (12.5) added and (13) amended, p. 2297, � 1, effective March 19. L. 95: (21) amended, p. 139, � 1, effective April 7. L. 96: (10.5) amended and (10.7) added, p. 1360, � 1, effective June 1. L. 98: (12.7) added, p. 1212, � 2, effective August 5. L. 2003: (21)(a) amended, p. 1453, � 2, effective April 30. L. 2009: (10.5) amended and (10.9) added, (HB 09-1303), ch. 390, p. 2107, � 1, effective June 2. L. 2023: IP and (10.9) amended, (SB 23-285), ch. 235, p. 1257, � 38, effective July 1. L. 2025: (3.5) and (5.5) added, (HB 25-1014), ch. 388, p. 2188, � 8, effective August 6; (10.5) amended, (HB 25-1165), ch. 257, p. 1302, � 9, effective August 6.

Editor's note: (1)  The upper Crow Creek drainage area is a designated

groundwater basin (see rule 5.2.9 of the ground water commission, 2 CCR 410-1). Therefore, subsection (6)(b) is not repealed.

(2)  Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado

2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.

Cross references: (1)  For the authorization by Senate Bill 85-250 as

specified in subsection (6)(b)(II) of this section, see p. 1452 and footnote 70 on p. 1487 of the 1985 general appropriation act, chapter 344, Session Laws of Colorado 1985.

(2)  For the legislative declaration in HB 25-1165, see section 1 of chapter

257, Session Laws of Colorado 2025.

C.R.S. § 37-90-106

37-90-106. Determination of designated groundwater basins - exception - legislative declaration. (1) (a) The commission shall, from time to time as adequate factual data become available, determine designated groundwater basins and subdivisions thereof by geographic description. If factual data obtained after the designation of a groundwater basin justify, the commission may alter the boundaries or description of that designated groundwater basin by adding lands to the basin. After a determination of a designated groundwater basin becomes final, the commission may alter the boundaries to exclude lands from that basin only if factual data justify the alteration and the alteration would not exclude from the designated groundwater basin any well for which a conditional or final permit to use designated groundwater has been issued. The general assembly hereby finds, determines, and declares that allowing alterations to exclude lands from a designated groundwater basin only under such circumstances as set forth in this paragraph (a) reaffirms, rather than alters, the general assembly's original intent that there be a cut-off date beyond which the legal status of groundwater included in a designated groundwater basin cannot be challenged, and that such cut-off date was intended to be the date of finality for the original designation of the basin. After this cut-off date has passed, any request to exclude wells that are permitted to use designated groundwater from an existing groundwater basin shall constitute an impermissible collateral attack on the original decision to designate the basin.

(a.5)  Nothing in Senate Bill 10-052, enacted in 2010, shall affect litigation

brought under this section that is pending on January 1, 2010.

(b)  In making such determinations the commission shall make the following

findings:

(I)  The name of the aquifer within the proposed designated basin;


(II)  The boundaries of each aquifer being considered;


(III)  The estimated quantity of water stored in each aquifer;


(IV)  The estimated annual rate of recharge;


(V)  The estimated use of the groundwater in the area.


(2)  If the source is an area of use exceeding fifteen years as defined in

section 37-90-103 (6), the commission shall list those users who have been withdrawing water during the fifteen-year period, the use made of the water, the average annual quantity of water withdrawn, and the year in which the user began to withdraw water.

(3)  Before determining or altering the boundaries of a designated

groundwater basin or subdivisions thereof, the state engineer shall prepare and file in his office a map clearly showing all lands included therein, together with a written description thereof sufficient to apprise interested parties of the boundaries of the proposed basin or subdivisions thereof. The commission shall publish the same and hold a hearing thereon. Following such hearing, the commission shall enter an order to either create the proposed designated groundwater basin, to include modification of the proposed boundaries, if any, or dismiss the original proposal, according to the factual information presented or available.

(4) (a)  The commission shall not, after May 23, 1983, determine as part of any

designated groundwater basin any groundwater within the Dawson-Arkose, Denver, Arapahoe, or Laramie-Fox Hills formations which was located outside the boundaries of any designated groundwater basin that was in existence on January 1, 1983.

(b) (I)  However, the commission may determine as a part of any designated

groundwater basin any groundwater in the Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations.

(II)  If, upon receipt by the state engineer of the findings of the Laramie-Fox

Hills study, as authorized by Senate Bill 250, 1985 legislative session, that the upper Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations should not be a designated groundwater basin, this paragraph (b) is repealed.

Source: L. 65: R&RE, p. 1249, � 1. C.R.S. 1963: � 148-18-5. L. 71: pp. 1312, 1318,

�� 4, 17. L. 83: (3) added, p. 1414, � 2, effective May 23. L. 85: (3) amended, p. 1171, � 2, effective July 1. L. 2010: (1)(a) amended and (1)(a.5) added, (SB 10-052), ch. 63, p. 223, � 1, effective August 11.

Editor's note: (1)  This section was renumbered on revision in preparation of

the C.R.S. 1973 and again in preparation of the 1990 replacement volume to conform to standard C.R.S. numbering format, resulting in the renumbering of subsection (3), as enacted in House Bill 83-1399 and as amended in House bill 85-1173, to subsection (4).

(2)  The upper Crow Creek drainage area is a designated groundwater basin

(see rule 5.2.9 of the ground water commission, 2 CCR 410-1). Therefore, subsection (4)(b) is not repealed.

Cross references: For the authorization by Senate Bill 85-250 as specified in

subsection (4)(b)(II) of this section, see p. 1452 and footnote 70 on p. 1487 of the 1985 general appropriation act, chapter 344, Session Laws of Colorado 1985.

C.R.S. § 37-92-204

37-92-204. Water clerks - duties. (1) (a) There is established in each water division the office of water clerk, who shall be an associate clerk of the district court and shall be appointed in the same manner as clerks of the various district courts. The water clerk may be a part-time employee, or an existing clerk of the district court may be assigned additional duties as water clerk. Any reference in this article to a filing with the water clerk means a filing in the district court where such clerk serves.

(b)  The water clerk shall maintain his office in the offices of the clerk of the

district court of the county in each division as follows:

    Division 1      Weld


    Division 2      Pueblo


    Division 3      Alamosa


    Division 4      Montrose


    Division 5      Garfield


    Division 6      Routt


    Division 7      La Plata


(2)  The water clerk shall maintain the records of all proceedings related to

appropriations, determinations of water rights and conditional water rights and the amount and priority thereof, changes of water rights, plans for augmentation, abandonment of water rights and conditional water rights, and the records of all proceedings of the water judge and of all rulings and actions of the referee required by this article to be filed with the water clerk. The clerks of the various district courts in each division, if requested by the water clerk of that division, shall transfer to the water clerk duplicate copies of any of the files, or parts thereof, of cases relating to water rights. The water clerk shall perform such other duties as may be prescribed by the water judge or the supreme court.

(3)  Subject to the approval of the water judge, the water clerk in each

division shall employ such assistants and deputies as may be necessary for him or her to carry out his or her duties. The water clerk, assistants, and deputies shall take an oath or affirmation in accordance with section 24-12-101 and file such bond as may be prescribed by the supreme court.

(4)  The expense of the office and staff of the water clerk shall be provided

for out of state funds appropriated to the supreme court, and each county in which a water clerk's office is located shall be reimbursed for the cost thereof to the county.

Source: L. 69: p. 1205, � 1. C.R.S. 1963: � 148-21-11. L. 70: p. 431, � 2. L. 2018:

(3) amended, (HB 18-1138), ch. 88, p. 704, � 45, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1

of chapter 88, Session Laws of Colorado 2018.

PART 3

DETERMINATION AND ADMINISTRATION OF WATER RIGHTS

Cross references: For the appointments and functions of water division

engineers, see � 37-92-202.

C.R.S. § 38-37-105

38-37-105. Classification of counties for purposes of regulating fees and salaries of public trustees. (1) For the purpose of providing for and regulating the fees and salaries of public trustees, the said several counties of this state are classified with reference to population and divided into three classes, as follows:

(a)  Class 1: City and county of Denver;


(b)  Class 2: Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer,

Mesa, Pueblo, and Weld;

(c)  Class 3: Alamosa, Archuleta, Baca, Bent, city and county of Broomfield,

Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and Yuma.

Source: L. 90: Entire article R&RE, p. 1651, � 1, effective October 1. L. 91: (1)(c)

amended, p. 1921, � 50, effective June 1. L. 2001: (1)(c) amended, p. 268, � 13, effective November 15; (1)(c) amended, p. 1067, � 2, effective November 15 and (1)(b) and (1)(c) amended, p. 1067, � 3, effective January 1, 2003.

Editor's note: (1)  This section is similar to former � 38-37-106, as it existed

prior to 1990.

(2)  Amendments to subsection (1)(c) by House Bill 01-1358 and Senate Bill

01-102 were harmonized.

C.R.S. § 38-52-101

38-52-101. Colorado coordinate system zones defined. (1) The systems of plane coordinates which have been established by the national ocean service/national geodetic survey (formerly the United States coast and geodetic survey) or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Colorado are, on and after July 1, 1988, to be known and designated as the Colorado coordinate system of 1927 and the Colorado coordinate system of 1983.

(2)  For the purpose of the use of these systems, the state is divided into a

north zone, a central zone, and a south zone.

(3)  The area now included in the following counties shall constitute the north

zone: Moffat, Routt, Jackson, Larimer, Weld, Logan, Sedgwick, Rio Blanco, Grand, Boulder, Gilpin, Adams, Morgan, Washington, Phillips, and Yuma.

(4)  The area now included in the following counties shall constitute the

central zone: Garfield, Eagle, Summit, Clear Creek, Jefferson, Denver, Arapahoe, Lincoln, Kit Carson, Mesa, Delta, Pitkin, Gunnison, Lake, Chaffee, Park, Fremont, Teller, Douglas, El Paso, Elbert, and Cheyenne.

(5)  The area now included in the following counties shall constitute the

south zone: Montrose, Ouray, Hinsdale, Saguache, Custer, Pueblo, Crowley, Kiowa, San Miguel, San Juan, Mineral, Rio Grande, Alamosa, Huerfano, Otero, Bent, Prowers, Dolores, Montezuma, La Plata, Archuleta, Conejos, Costilla, Las Animas, and Baca.

Source: L. 88: Entire article R&RE, p. 516, � 32, effective July 1.


Editor's note: This section is similar to former � 38-52-101, as it existed prior

to 1988.

C.R.S. § 39-22-5301

39-22-5301. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a)  Feeding Colorado is an association of the five Feeding America food

banks serving all Colorado. Member food banks include Care and Share Food Bank for Southern Colorado, Community Food Share, Food Bank for Larimer County, Food Bank for the Rockies, and Weld Food Bank.

(b)  Feeding Colorado distributes meals to children, older adults, and families

in need across all counties in Colorado in an effort to catalyze a movement against hunger in Colorado.

(c)  In order to assist Feeding Colorado in fulfilling its mission, the general

assembly recognizes that many citizens of Colorado may be willing to provide money to assist in its efforts. It is therefore the intent of the general assembly to provide Coloradans the opportunity to support the efforts of Feeding Colorado by allowing citizens to make a voluntary contribution on their state income tax return form to the Feeding Colorado fund for that purpose.

Source: L. 2022: Entire part added, (HB 22-1016), ch. 120, p. 558, � 1,

effective August 10.

C.R.S. § 42-1-102

42-1-102. Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:

(1)  Acceleration lane means a speed-change lane, including tapered areas,

for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic.

(1.5)  Accredited testing laboratory means a testing laboratory that is

recognized by the federal occupational safety and health administration or an independent laboratory that has been certified by an accrediting body to the standard ISO 17025 or standard ISO 17065 of the International Organization for Standardization.

(2)  Administrator means the property tax administrator.


(3)  Alley means a street or highway intended to provide access to the rear

or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic.

(4)  Apportioned registration means registration of a vehicle pursuant to a

reciprocal agreement under which the fees paid for registration of such vehicle are ultimately divided among the several jurisdictions in which the vehicle travels, based upon the number of miles traveled by the vehicle in each jurisdiction or upon some other agreed criterion.

(4.5)  Appurtenance means a piece of equipment that is affixed or attached

to a motor vehicle or trailer and is used for a specific purpose or task, including awnings, support hardware, and extractable equipment. Appurtenance does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle.

(5)  Authorized agent means the county clerk and recorder in each county

in the state of Colorado, the clerk and recorder in the city and county of Broomfield, and the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of, titling of, or filing of liens on motor vehicles, wheeled trailers, semitrailers, trailer coaches, special mobile machinery, off-highway vehicles, and manufactured homes.

(6)  Authorized emergency vehicle means such vehicles of the fire

department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law:

(a)  Privately owned vehicles as are designated by the state motor vehicle

licensing agency necessary to the preservation of life and property; or

(b)  Privately owned tow trucks approved by the public utilities commission to

respond to vehicle emergencies.

(7)  Authorized service vehicle means such highway or traffic maintenance

vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the department of transportation under section 42-4-214 (5). Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.

(7.5) (a)  Autocycle means a three-wheeled motor vehicle in which the

driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in section 42-4-237 (1)(b).

(b)  As used in this subsection (7.5), partly enclosed seating area means a

seating area that is entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed.

(7.7)  Automated driving system means hardware and software that are

collectively capable, without any intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5 automation in SAE International's standard J3016, as it existed in September 2016.

(8)  Automobile means any motor vehicle.


(8.5)  BAC means either:


(a)  A person's blood alcohol content, expressed in grams of alcohol per one

hundred milliliters of blood as shown by analysis of the person's blood; or

(b)  A person's breath alcohol content, expressed in grams of alcohol per two

hundred ten liters of breath as shown by analysis of the person's breath.

(9)  Base jurisdiction means the state, province, or other jurisdiction which

receives, apportions, and remits to other jurisdictions moneys paid for registration of a vehicle pursuant to a reciprocal agreement governing registration of vehicles.

(10)  Bicycle means a vehicle propelled by human power applied to pedals

upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.

(10.3)  Bicycle lane means a portion of the roadway that has been

designated by striping, signage, or pavement markings for the exclusive use of bicyclists and other authorized users of bicycle lanes. Bicycle lane includes an intersection if the bicycle lane is marked on opposite sides of the intersection.

(10.5)  Bulk electronic transfer means the mass electronic transfer of files,

updated files, or portions thereof, in the same form as those files exist within the department.

(11)  Business district means the territory contiguous to and including a

highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to motels, banks, office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

(12)  Calendar year means the twelve calendar months beginning January 1

and ending December 31 of any year.

(13)  Camper coach means an item of mounted equipment, weighing more

than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations.

(14)  Camper trailer means a wheeled vehicle having an overall length of

less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.

(15)  Chauffeur means every person who is employed for the principal

purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.

(16)  Classified personal property means any personal property which has

been classified for the purpose of imposing thereon a graduated annual specific ownership tax.

(16.5)  Colorado DRIVES is an acronym that stands for Colorado driver's

license, record, identification, and vehicle enterprise solution and means the driver and vehicle services information technology system that the department uses to provide driver, identification, and vehicle title and registration services to Colorado residents.

(17)  Commercial carrier means any owner of a motor vehicle, truck, laden

or unladen truck tractor, trailer, or semitrailer used in the business of transporting persons or property over the public highways for profit, hire, or otherwise in any business or commercial enterprise.

(17.5)  Commercial vehicle means a vehicle used to transport cargo or

passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise. This subsection (17.5) shall not apply for purposes of sections 42-4-235 and 42-4-707 (1).

(18)  Controlled-access highway means every highway, street, or roadway in

respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

(19)  Convicted or conviction means:


(a)  A plea of guilty or nolo contendere;


(b)  A verdict of guilty;


(c)  An adjudication of delinquency under title 19, C.R.S.;


(d)  The payment of a penalty assessment under section 42-4-1701 if the

summons states clearly the points to be assessed for the offense; and

(e)  As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402:


(I)  An unvacated adjudication of guilt or a determination by an authorized

administrative hearing that a person has violated or failed to comply with the law;

(II)  An unvacated forfeiture of bail or collateral deposited to secure the

person's appearance in court;

(III)  The payment of a fine or court cost or violation of a condition of release

without bail, regardless of whether or not the penalty is rebated, suspended, or probated; or

(IV)  A deferred sentence.


(20)  Court means any municipal court, county court, district court, or any

court having jurisdiction over offenses against traffic regulations and laws.

(21)  Crosswalk means that portion of a roadway ordinarily included within

the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface.

(22)  Dealer means every person engaged in the business of buying, selling,

or exchanging vehicles of a type required to be registered under articles 1 to 4 of this title and who has an established place of business for such purpose in this state.

(23)  Deceleration lane means a speed-change lane, including tapered

areas, for the purpose of enabling a vehicle that is to make an exit to turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic.

(23.5)  Declared gross vehicle weight means the combined weight of the

vehicle or combination vehicle and its cargo when operated on the public highways of this state. Such weight shall be declared by the vehicle owner at the time the vehicle is registered. Accurate records shall be kept of all miles operated by each vehicle over the public highways of this state by the owner of each vehicle.

(24)  Department means the department of revenue acting directly or

through a duly authorized officer, agent, or third-party provider.

(24.3)  Discharged LGBT veteran has the same meaning as set forth in

section 28-5-100.3.

(24.5)  Distinctive special license plate means a special license plate that is

issued to a person because such person has an immutable characteristic or special achievement honor. Such special achievement honor shall not include a common achievement such as graduating from an institution of higher education. Such special achievement shall include honorable service in the armed forces of the United States. Distinctive special license plate shall include a license plate that is issued to a person or the person's family to honor such person's service in the armed forces.

(25)  Divided highway means a highway with separated roadways usually

for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual.

(26)  Drive-away transporter or tow-away transporter means every person

engaged in the transporting of vehicles which are sold or to be sold and not owned by such transporter, by the drive-away or tow-away methods, where such vehicles are driven, towed, or transported singly, or by saddlemount, towbar, or fullmount methods, or by any lawful combination thereof.

(27)  Driver means every person, including a minor driver under the age of

twenty-one years, who drives or is in actual physical control of a vehicle.

(27.3)  DUI means driving under the influence, as defined in section 42-4-1301 (1)(f), and use of the term shall incorporate by reference the offense described

in section 42-4-1301 (1)(a).

(27.5)  DUI per se means driving with a BAC of 0.08 or more, and use of the

term shall incorporate by reference the offense described in section 42-4-1301 (2)(a).

(27.7)  DWAI means driving while ability impaired, as defined in section 42-4-1301 (1)(g), and use of the term shall incorporate by reference the offense

described in section 42-4-1301 (1)(b).

(27.8) (a)  Dynamic driving task means all of the following aspects of

driving:

(I)  Operational aspects, including steering, braking, accelerating, and

monitoring the vehicle and the roadway; and

(II)  Tactical aspects, including responding to events, determining when to

change lanes, turning, using signals, and other related actions.

(b)  Dynamic driving task does not include strategic aspects, including

determining destinations or way points, of driving.

(28)  Effective date of registration period certificate means the month in

which a fleet owner must register all fleet vehicles.

(28.5) (a)  Electrical assisted bicycle means a vehicle having two or three

wheels, fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to certain classes as follows:

(I)  Class 1 electrical assisted bicycle means an electrical assisted bicycle

equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.

(II)  Class 2 electrical assisted bicycle means an electrical assisted bicycle

equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.

(III)  Class 3 electrical assisted bicycle means an electrical assisted bicycle

equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.

(b)  Electrical assisted bicycle does not include:


(I)  A vehicle that is modified so that it no longer meets the requirements for

any class of electrical assisted bicycle; or

(II)  A vehicle that is designed, manufactured, or intended by the

manufacturer or seller to be easily configured so as not to meet the requirements of an electrical assisted bicycle, whether by a mechanical switch or button, by changing a setting in software controlling the drive system, by use of an online application, or through other means intended by the manufacturer or seller.

(28.7)  Electric personal assistive mobility device or EPAMD means a self-balancing, nontandem two-wheeled device, designed to transport only one person,

that is powered solely by an electric propulsion system producing an average power output of no more than seven hundred fifty watts.

(28.8) (a)  Electric scooter means a device:


(I)  Weighing less than one hundred pounds;


(II)  With handlebars and an electric motor;


(III)  That is powered by an electric motor; and


(IV)  That has a maximum speed of twenty miles per hour on a paved level

surface when powered solely by the electric motor.

(b)  Electric scooter does not include an electrical assisted bicycle, EPAMD,

motorcycle, or low-power scooter.

(29)  Empty weight means the weight of any motor vehicle or trailer or any

combination thereof, including the operating body and accessories, as determined by weighing on a scale approved by the department.

(30)  Essential parts means all integral parts and body parts, the removal,

alteration, or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

(31)  Established place of business means the place actually occupied

either continuously or at regular periods by a dealer or manufacturer where such dealer's or manufacturer's books and records are kept and a large share of his or her business transacted.

(31.5)  Exceptions processing means the procedures the department uses

to assist persons who are unable for reasons beyond their control to present all the necessary documents required by the department and must rely on alternative documents to establish identity, date of birth, or United States citizenship in lieu of lawful presence in the United States.

(32)  Explosives and hazardous materials means any substance so defined

by the code of federal regulations, title 49, chapter 1, parts 173.50 through 173.389.

(33)  Farm tractor means every implement of husbandry designed and used

primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry.

(34)  Flammable liquid means any liquid which has a flash point of seventy

degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device.

(35)  Fleet operator means any resident who owns or leases ten or more

motor vehicles, trailers, or pole trailers and who receives from the department a registration period certificate in accordance with article 3 of this title.

(36)  Fleet vehicle means any motor vehicle, trailer, or pole trailer owned or

leased by a fleet operator and registered pursuant to section 42-3-125.

(37)  Foreign vehicle means every motor vehicle, trailer, or semitrailer

which is brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state.

(38)  Fullmount means a vehicle which is mounted completely on the frame

of the first vehicle or last vehicle in a saddlemount combination.

(39)  Garage means any public building or place of business for the storage

or repair of automobiles.

(39.5)  Golf car means a self-propelled vehicle not designed primarily for

operation on roadways and that has:

(a)  A design speed of less than twenty miles per hour;


(b)  At least three wheels in contact with the ground;


(c)  An empty weight of not more than one thousand three hundred pounds;

and

(d)  A carrying capacity of not more than four persons.


(40)  Graduated annual specific ownership tax means an annual tax

imposed in lieu of an ad valorem tax upon the personal property required to be classified by the general assembly pursuant to the provisions of section 6 of article X of the state constitution.

(41)  Gross dollar volume means the total contracted cost of work

performed or put in place in a given county by the owner or operator of special mobile machinery.

(41.5)  Group special license plate means a special license plate that is not

a distinctive plate and is issued to a group of people because such people have a common interest or affinity.

(41.7)  Repealed.


(42)  High occupancy vehicle lane means a lane designated pursuant to the

provisions of section 42-4-1012 (1).

(43)  Highway means the entire width between the boundary lines of every

way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.

(43.3)  Human operator means a natural person in the vehicle with

immediate access to controls for steering, braking, and acceleration.

(43.5)  Immediate family means a person who is related by blood, marriage,

or adoption.

(44) (a)  On and after July 1, 2000, implement of husbandry means every

vehicle that is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 5 of article 4 of this title, be considered as component parts of such implements of husbandry.

(b)  Effective July 1, 2013, for purposes of this section, implements of

husbandry includes personal property valued by the county assessor as silvicultural.

(44.5)  Inoperable vehicle means a vehicle that is not roadworthy, as

defined in section 42-6-102 (15).

(45)  Intersection means the area embraced within the prolongation of the

lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection.

(45.3)  [Editor's note: Subsection (45.3) is effective July 1, 2027. For the

applicability of this subsection (45.3) on or after January 1, 2028, see the editor's note following this section.] Kei vehicle means a vehicle that:

(a)  Is powered by an internal combustion engine with a displacement of one

thousand cubic centimeters or less or an electrical motor of fifty-six thousand watts or less;

(b)  Is sixty-seven inches or less in width;


(c)  Is one hundred forty inches or less in length;


(d)  Travels on four or more tires in contact with the ground;


(e)  Has a top speed of at least fifty miles per hour;


(f)  Has an enclosed passenger cab;


(g)  Was imported into the United States; and


(h) (I)  Was twenty-five years old or older when imported into the United

States; or

(II)  Is twenty-five years old or older and was previously issued a title in the

United States.

(45.5)  Kit vehicle means a passenger-type motor vehicle assembled, by

other than a licensed manufacturer, from a manufactured kit that includes a prefabricated body and chassis and is accompanied by a manufacturer's statement of origin.

(46)  Lane means the portion of a roadway for the movement of a single line

of vehicles.

(47)  Laned highway means a highway the roadway of which is divided into

two or more clearly marked lanes for vehicular traffic.

(47.3)  Last-known address means:


(a)  For notifications regarding motor vehicles, the most recent mailing

address provided on a vehicle registration or vehicle registration mailing address change notification provided in accordance with section 42-3-113 or the corrected address as reported by an address correction service licensed by the United States postal service;

(b)  For notifications regarding driving privileges, driver's licenses, or

identification cards when there is a driver's license or identification card on file with the department, the most recent of either:

(I)  The mailing address provided by an applicant for a driver's license or

identification card;

(II)  The mailing address stated on an address change notification provided to

the department pursuant to subsection (47.3)(a) of this section; or

(III)  The corrected address as reported by an address correction service

licensed by the United States postal service;

(c)  For notifications regarding driving privileges or identification cards when

there is no driver's license or identification card on file with the department, the most recent address shown on any other record on file with the department pursuant to this article 1 and as may be corrected by an address correction service licensed by the United States postal service.

(47.5)  Lien means a security interest in a motor or off-highway vehicle

under article 9 of title 4, C.R.S., and this article.

(47.7)  Lithium-ion battery means a rechargeable battery with an organic

solvent electrolyte and positive and negative electrodes that utilize an intercalation compound in which lithium is stored.

(48)  Local authorities means every county, municipal, and other local

board or body having authority to adopt local police regulations under the constitution and laws of this state.

(48.5) (a)  Low-power scooter means a self-propelled vehicle designed

primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:

(I)  A cylinder capacity not exceeding fifty cubic centimeters if powered by

internal combustion; or

(II)  A wattage not exceeding four thousand four hundred seventy-six if

powered by electricity.

(b)  Low-power scooter does not include a toy vehicle, bicycle, electrical

assisted bicycle, electric scooter, wheelchair, or any device designed to assist people with mobility impairments who use pedestrian rights-of-way.

(48.6)  Low-speed electric vehicle means a vehicle that:


(a)  Is self-propelled utilizing electricity as its primary propulsion method;


(b)  Has at least three wheels in contact with the ground;


(c)  Does not use handlebars to steer; and


(d)  Exhibits the manufacturer's compliance with 49 CFR 565 or displays a

seventeen-character vehicle identification number as provided in 49 CFR 565.

(48.8)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle.

(49)  Manufacturer means any person, firm, association, corporation, or

trust, whether resident or nonresident, who manufactures or assembles new and unused motor vehicles of a type required to be registered under articles 1 to 4 of this title.

(50)  Manufacturer's suggested retail price means the retail price of such

motor vehicle suggested by the manufacturer plus the retail price suggested by the manufacturer for each accessory or item of optional equipment physically attached to such vehicle prior to the sale to the retail purchaser.

(51)  Markings means all lines, patterns, words, colors, or other devices,

except signs, set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway, conforming to the state traffic control manual and officially placed for the purpose of regulating, warning, or guiding traffic.

(52)  Metal tires means all tires the surface of which in contact with the

highway is wholly or partly of metal or other hard, nonresilient material.

(52.5)  Military vehicle means a vehicle of any size or weight that is valued

for historical purposes, that was manufactured for use by any nation's armed forces, and that is maintained in a condition that represents its military design and markings.

(53)  Minor driver's license means the license issued to a person who is at

least sixteen years of age but who has not yet attained the age of twenty-one years.

(54)  (Deleted by amendment, L. 2010, (HB 10-1172), ch. 320, p. 1486, � 1,

effective October 1, 2010.)

(55) (a)  Motorcycle means a motor vehicle that:


(I)  Uses handlebars connected to the front wheel or wheels to steer;


(II)  Has a seat the rider sits astride; and


(III)  Is designed to travel on not more than three wheels in contact with the

ground.

(b)  Motorcycle does not include a farm tractor, low-speed electric vehicle,

or low-power scooter.

(56)  (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, � 22,

effective October 1, 2009.)

(57)  Motor home means a vehicle designed to provide temporary living

quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.

(58)  Motor vehicle:


(a)  [Editor's note: This version of subsection (58)(a) is effective until July 1,

2027.] Means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways, a low-speed electric vehicle, or an autocycle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters except as provided in subsection (58)(b) of this section, wheelchairs, or vehicles moved solely by human power;

(a)  [Editor's note: This version of subsection (58)(a) is effective July 1, 2027.

For the applicability of this subsection (58)(a) on or after January 1, 2028, see the editor's note following this section.] Means a self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways, a low-speed electric vehicle, a kei vehicle, or an autocycle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters except as provided in subsection (58)(b) of this section, wheelchairs, or vehicles moved solely by human power;

(b)  Includes a low-power scooter for the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1; and


(c)  Does not include a farm tractor or an off-highway vehicle, except for the

purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401, when operated on streets and highways.

(59)  (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, � 22,

effective October 1, 2009.)

(60)  Mounted equipment means any item weighing more than five hundred

pounds that is permanently mounted on a vehicle, including mounting by means such as welding or bolting the equipment to a vehicle.

(60.1)  Multifunction school activity bus means a motor vehicle that is

designed and used specifically for the transportation of school children to or from a school-related activity, whether the activity occurs within or outside the territorial limits of a school district and whether or not the activity occurs during school hours. A multifunction school activity bus must comply with all federal motor vehicle safety standards and regulations applicable to school buses, except any standard or regulation requiring the installation of official traffic control devices.

(60.2)  Multiple mode electrical assisted bicycle means an electrical

assisted bicycle equipped with switchable or programmable modes that provide for operation as two or more of a class 1, class 2, or class 3 electrical assisted bicycle in conformance with the definition under this section for each respective class.

(60.3)  Multipurpose trailer means a wheeled vehicle, without motive power,

that is designed to be drawn by a motor vehicle over the public highways. A multipurpose trailer is generally and commonly used for temporary living or sleeping accommodation and transporting property wholly upon its own structure and is registered as a vehicle.

(60.5)  (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2320, � 4,

effective August 5, 2009.)

(61)  Noncommercial or recreational vehicle means a truck, or unladen truck

tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise.

(62)  Nonresident means every person who is not a resident of this state.


(63)  Off-highway vehicle shall have the same meaning as set forth in

section 33-14.5-101 (3), C.R.S.

(64)  Official traffic control devices means all signs, signals, markings, and

devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

(65)  Official traffic control signal means any device, whether manually,

electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

(66)  Owner means a person who holds the legal title of a vehicle; or, if a

vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of this title. The term also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more.

(67)  Park or parking means the standing of a vehicle, whether occupied

or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.

(68)  Pedestrian means any person afoot or any person using a wheelchair.


(68.5) (a)  Persistent drunk driver means any person who:


(I)  Has been convicted of or had his or her driver's license revoked for two or

more alcohol-related driving violations;

(II)  Continues to drive after a driver's license or driving privilege restraint has

been imposed for one or more alcohol-related driving offenses;

(III)  Drives a motor vehicle while the amount of alcohol in such person's

blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or

(IV)  Refuses to take or complete, or to cooperate in the completing of, a test

of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).

(b)  Nothing in this subsection (68.5) shall be interpreted to affect the

penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125 (1)(g) and (1)(i) and 42-2-202 (2).

(69)  Person means a natural person, estate, trust, firm, copartnership,

association, corporation, or business entity.

(69.5)  Plug-in electric motor vehicle means:


(a)  A motor vehicle that has received an acknowledgment of certification

from the federal internal revenue service that the vehicle qualifies for the plug-in electric drive vehicle credit set forth in 26 U.S.C. sec. 30D, as amended, or any successor statute; or

(b)  Any motor vehicle that can be recharged from an external source of

electricity and that uses electricity stored in a rechargeable battery pack to propel or contribute to the propulsion of the vehicle's drive wheels.

(70)  Pneumatic tires means all tires inflated with compressed air.


(71)  Pole, pipe trailer, or dolly means every vehicle of the trailer type

having one or more axles not more than forty-eight inches apart and two or more wheels used in connection with a motor vehicle solely for the purpose of transporting poles or pipes and connected with the towing vehicle both by chain, rope, or cable and by the load without any part of the weight of said dolly resting upon the towing vehicle. All the registration provisions of articles 1 to 4 of this title shall apply to every pole, pipe trailer, or dolly.

(72)  Police officer means every officer authorized to direct or regulate

traffic or to make arrests for violations of traffic regulations.

(72.2)  Power takeoff equipment means equipment that is attached to a

motor vehicle and is powered by the motor that powers the locomotion of the motor vehicle.

(72.5)  Primary user means an organization that collects bulk data for the

purpose of in-house business use.

(72.7)  Principal office means the office in this state designated by a fleet

owner as its principal place of business.

(73)  Private road or driveway means every road or driveway not open to

the use of the public for purposes of vehicular travel.

(74)  Repealed.


(75)  Railroad sign or signal means any sign, signal, or device erected by

authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

(76)  Reciprocal agreement or reciprocity means an agreement among

two or more states, provinces, or other jurisdictions for coordinated, shared, or mutual enforcement or administration of laws relating to the registration, operation, or taxation of vehicles and other personal property in interstate commerce. The term includes without limitation the international registration plan and any successor agreement providing for the apportionment, among participating jurisdictions, of vehicle registration fees or taxes.

(77)  Reconstructed vehicle means any vehicle which has been assembled

or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models, and types or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

(78)  Registration period or registration year means any consecutive

twelve-month period.

(79)  Registration period certificate means the document issued by the

department to a fleet owner, upon application of a fleet owner, which states the month in which registration is required for all motor vehicles owned by the fleet owner.

(80)  Residence district means the territory contiguous to and including a

highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

(81)  Resident means any person who owns or operates any business in this

state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state, whichever shall occur first.

(82)  Right-of-way means the right of one vehicle operator or pedestrian to

proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.

(83)  Road means any highway.


(84)  Road tractor means every motor vehicle designed and used for

drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn.

(85)  Roadway means that portion of a highway improved, designed, or

ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively.

(85.5)  Roughed-in road means an area of ground that has been cut with the

intention to make a highway but which has not been improved enough to make the area qualify as a highway.

(86)  Saddlemount combination means a combination of vehicles in which a

truck or laden or unladen truck tractor tows one or more additional trucks or laden or unladen truck tractors and in which each such towed truck or laden or unladen truck tractor is connected by a saddle to the frame or fifth wheel of the vehicle immediately in front of such truck or laden or unladen truck tractor. For the purposes of this subsection (86), saddle means a mechanism which connects the front axle of a towed vehicle to the frame or fifth wheel of a vehicle immediately in front of such towed vehicle and which functions like a fifth wheel kingpin connection. A saddlemount combination may include one fullmount.

(87)  Safety zone means the area or space officially set aside within a

highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

(88)  School bus means a motor vehicle that is designed and used

specifically for the transportation of school children to or from a public or private school or a school-related activity, whether the activity occurs within or outside the territorial limits of a school district and whether or not the activity occurs during school hours. A school bus must comply with all federal motor vehicle safety standards and regulations applicable to school buses.

(88.5) (a)  School vehicle means a motor vehicle, including, but not limited

to, a school bus or multifunction school activity bus, that is owned by or under contract to a public or private school and operated for the transportation of school children to or from school or a school-related activity.

(b)  School vehicle does not include:


(I)  Informal or intermittent arrangements, such as sharing of actual gasoline

expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity; or

(II)  A motor vehicle that is owned by or under contract to a child care center,

as defined in section 26-6-903 or 26.5-5-303, and that is used for the transportation of children who are served by the child care center.

(88.7)  Second-use lithium-ion battery means a lithium-ion battery that has

been assembled, refurbished, repaired, repurposed, or reconditioned using cells removed from used batteries.

(89)  Semitrailer means any wheeled vehicle, without motor power,

designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways.

(90)  Sidewalk means that portion of a street between the curb lines or the

lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

(90.5) (a)  Signature means either a written signature or an electronic

signature.

(b)  Electronic signature has the same meaning as set forth in section 24-71-101.


(91)  Snowplow means any vehicle originally designed for highway snow

and ice removal or control or subsequently adapted for such purposes which is operated by or for the state of Colorado or any political subdivision thereof.

(92)  Solid rubber tires means every tire made of rubber other than a

pneumatic tire.

(93)  Specially constructed vehicle means any vehicle which has not been

originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles.

(93.5) (a)  Special mobile machinery means machinery that is pulled,

hauled, or driven over a highway and is either:

(I)  A vehicle or equipment that is not designed primarily for the

transportation of persons or cargo over the public highways; or

(II)  A motor vehicle that may have been originally designed for the

transportation of persons or cargo over the public highways, and has been redesigned or modified by the addition of mounted equipment or machinery, and is only incidentally operated or moved over the public highways.

(b)  Special mobile machinery includes vehicles commonly used in the

construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.

(94)  Stand or standing means the halting of a vehicle, whether occupied

or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers.

(95)  State means a state, territory, organized or unorganized, or district of

the United States.

(96)  State motor vehicle licensing agency means the department of

revenue.

(97)  State traffic control manual means the most recent edition of the

Manual on Uniform Traffic Control Devices for Streets and Highways, including any supplement thereto, as adopted by the transportation commission.

(98)  Steam and electric trains includes:


(a)  Railroad, which means a carrier of persons or property upon cars, other

than street cars, operated upon stationary rails;

(b)  Railroad train, which means a steam engine, electric, or other motor,

with or without cars coupled thereto, operated upon rails, except streetcars;

(c)  Streetcar, which means a car other than a railroad train for transporting

persons or property upon rails principally within a municipality.

(99)  Stinger-steered means a semitrailer combination configuration

wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit.

(100)  Stop or stopping means, when prohibited, any halting, even

momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

(101)  Stop line or limit line means a line which indicates where drivers

shall stop when directed by an official traffic control device or a police officer.

(101.5)  Street rod vehicle means a vehicle manufactured in 1948 or earlier

with a body design that has been modified for safe road use.

(102)  Supervisor means the executive director of the department of

revenue or head of a group, division, or subordinate department appointed by the executive director in accordance with article 35 of title 24, C.R.S.

(102.5)  Surge brakes means a system whereby the brakes of a trailer are

actuated as a result of the forward pressure of the trailer against the tow vehicle during deceleration.

(102.7)  Temporary special event license plate means a special license plate

valid for a limited time period that is issued to a person or group of people in connection with a special event. Temporary special event license plate does not mean a special plate for the purposes of section 42-3-207.

(102.8)  Third-party provider means an electronic vehicle or special mobile

machinery registration, lien, or titling service provider that is approved by the department to perform the registration, lien, and titling functions set forth in articles 1 to 6 of this title 42.

(103)  Through highway means every highway or portion thereof on which

vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device when such signs or devices are erected as provided by law.

(103.5) (a)  Toy vehicle means any vehicle that has wheels and is not

designed for use on public highways or for off-road use.

(b)  Toy vehicle includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, pocket bikes, kamikaze boards,

go-peds, and stand-up scooters.

(c)  Toy vehicle does not include electric scooters, off-highway vehicles, or

snowmobiles.

(104)  Traffic means pedestrians, ridden or herded animals, and vehicles,

streetcars, and other conveyances either singly or together while using any highway for t

C.R.S. § 42-4-302

42-4-302. Commencement of basic emissions program - authority of commission. Notwithstanding the provisions of sections 42-4-301 to 42-4-316, if the commission is unable to implement the basic emissions program by January 1, 1994, the commission by rule and regulation shall establish the date for the commencement of said program as soon as practicable after January 1, 1994, and the provisions of sections 42-4-301 to 42-4-316 applicable to the basic emissions program shall be effective on and after the date determined by the commission by rule and regulation. Until such date, emission inspection activity in El Paso, Larimer, and Weld counties shall comply with the requirements applicable to inspection and readjustment stations in sections 42-4-301 to 42-4-316, and El Paso, Larimer, and Weld counties shall be deemed to continue to be included in the inspection and readjustment program until implementation of the basic emissions program by the commission pursuant to this section.

Source: L. 94: Entire title amended with relocations, p. 2273, � 1, effective

January 1, 1995.

Editor's note: This section is similar to former � 42-4-306.6 as it existed prior

to 1994.

C.R.S. § 42-4-304

42-4-304. Definitions relating to motor vehicle inspection and readjustment program - rules. As used in sections 42-4-301 to 42-4-316.5, unless the context otherwise requires:

(1)  AIR program or program means the automobile inspection and

readjustment program until replaced as provided in sections 42-4-301 to 42-4-316, the basic emissions program, and the enhanced emissions program established pursuant to sections 42-4-301 to 42-4-316.

(2)  Basic emissions program means the inspection and readjustment

program, established pursuant to the federal act, in the counties set forth in paragraph (b) of subsection (20) of this section.

(3) (a)  Certification of emissions control means one of the following

certifications, to be issued to the owner of a motor vehicle which is subject to the automobile inspection and readjustment program to indicate the status of inspection requirement compliance of said vehicle:

(I)  Certification of emissions waiver, indicating that the emissions of other

than chlorofluorocarbons from the vehicle do not comply with the applicable emissions standards and criteria after inspection, adjustment, and emissions-related repairs in accordance with section 42-4-310.

(II)  Certification of emissions compliance, indicating that the emissions

from said vehicle comply with applicable emissions and opacity standards and criteria at the time of inspection or after required adjustments or repairs.

(b) (I)  The certification of emissions control will be issued to the vehicle

owner at the time of sale or transfer except as provided in section 42-4-310 (1)(a)(I). The certification of emissions control will be in effect for twenty-four months for 1982 and newer model vehicles. 1981 and older model vehicles and all vehicles inspected by the fleet-only air inspection stations shall be issued certifications of emissions control valid for twelve months.

(II)  Except as provided in section 42-4-309, the executive director shall

establish a biennial inspection schedule for 1982 and newer model vehicles, an annual inspection schedule for 1981 and older model vehicles, and a five-year inspection schedule for a 1976 or newer motor vehicle registered as a collector's item.

(c)  Repealed.


(d)  Subject to section 42-4-310 (4), the certification of emissions control

shall be obtained by the seller and transferred to the new owner at the time of vehicle sale or transfer.

(e)  For purposes of this subsection (3), sale or transfer shall not include a

change only in the legal ownership as shown on the vehicle's documents of title, whether for purposes of refinancing or otherwise, that does not entail a change in the physical possession or use of the vehicle.

(3.5)  Clean screen program means the remote sensing system or other

emission profiling system established and operated pursuant to sections 42-4-305 (12), 42-4-306 (23), 42-4-307 (10.5), and 42-4-310 (5).

(4)  Commission means the air quality control commission, created in

section 25-7-104, C.R.S.

(5)  Contractor means a person, partnership, entity, or corporation that is

awarded a contract by the division, in consultation with the executive director and in accordance with the Procurement Code, articles 101 to 112 of title 24, and section 42-4-306, to provide inspection services for vehicles required to be inspected in accordance with section 42-4-310 within the enhanced emissions program area, as set forth in subsection (9) of this section; to operate enhanced inspection centers necessary to perform inspections; and to operate the clean screen program within the program area.

(6)  Division means the division of administration in the department of

public health and environment.

(7)  Emissions inspector means:


(a)  An individual trained and licensed in accordance with section 42-4-308 to

inspect motor vehicles at an inspection-only facility, fleet inspection station, or motor vehicle dealer test facility subject to the enhanced emissions program set forth in this part 3; or

(b)  An individual employed by an enhanced inspection center who is

authorized by the contractor to inspect motor vehicles subject to the enhanced emissions program set forth in this part 3 and subject to the direction of said contractor.

(8)  Emissions mechanic means an individual licensed in accordance with

section 42-4-308 to inspect and adjust motor vehicles subject to the automobile inspection and readjustment program until such program is replaced as provided in sections 42-4-301 to 42-4-316 and to the basic emissions program after such replacement.

(8.5)  Enhanced emissions inspection means a motor vehicle emissions

inspection conducted pursuant to the enhanced emissions program, including a detection of high emissions by remote sensing, an identification of high emitters, a clean screen inspection, or an inspection conducted at an enhanced inspection center.

(9) (a)  Enhanced emissions program means the emissions inspection

program established pursuant to the federal requirements set forth in the federal performance standards, 40 CFR 51, subpart S, in the locations set forth in paragraph (c) of subsection (20) of this section.

(b)  (Deleted by amendment, L. 2009, (SB 09-003), ch. 322, p. 1714, � 1,

effective June 1, 2009.)

(10)  Enhanced inspection center means a strategically located, single- or

multi-lane, high-volume, inspection-only facility operated in the enhanced emissions program area by a contractor not affiliated with any other automotive-related service, which meets the requirements of sections 42-4-305 and 42-4-306, which is equipped to enable vehicle exhaust gas and evaporative and chlorofluorocarbon emissions inspections, and which the owner or operator is authorized to operate by the executive director as an inspection-only facility.

(11)  Environmental protection agency means the federal environmental

protection agency.

(12)  Executive director means the executive director of the department of

revenue or the designee of such executive director.

(13)  Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et

seq., as in effect on November 15, 1990, and any federal regulation promulgated pursuant to said act.

(14)  Federal requirements means regulations of the environmental

protection agency pursuant to the federal act.

(15)  Fleet inspection station means a facility which meets the requirements

of section 42-4-308, which is equipped to enable appropriate emissions inspections as prescribed by the commission and which the owner or operator is licensed to operate by the executive director as an inspection station for purposes of emissions testing on vehicles pursuant to section 42-4-309.

(15.5)  Repealed.


(16)  Inspection and readjustment station means:


(a)  Repealed.


(b) (I)  A facility within the basic emissions program area as defined in

subsection (20) of this section which meets the requirements of section 42-4-308, which is equipped to enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and any necessary adjustments and repairs to be performed, and which facility the owner or operator is licensed by the executive director to operate as an inspection and readjustment station.

(II)  This paragraph (b) is effective January 1, 1994.


(17) (a)  Inspection-only facility means a facility operated by an independent

owner-operator within the enhanced program area as defined in subsection (20) of this section which meets the requirements of section 42-4-308 and which is equipped to enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and which facility the operator is licensed to operate by the executive director as an inspection-only facility. Such inspection-only facility shall be authorized to conduct inspections on model year 1981 and older vehicles.

(b)  This subsection (17) is effective January 1, 1995.


(18)  Motor vehicle, as applicable to the AIR program, includes only a motor

vehicle that is operated with four wheels or more on the ground, self-propelled by a spark-ignited engine burning gasoline, gasoline blends, gaseous fuel, blends of liquid gasoline and gaseous fuels, alcohol, alcohol blends, or other similar fuels, having a personal property classification of A, B, or C pursuant to section 42-3-106, and for which registration in this state is required for operation on the public roads and highways or which motor vehicle is owned or operated or both by a nonresident who meets the requirements set forth in section 42-4-310 (1)(c). Motor vehicle does not include kit vehicles; vehicles registered pursuant to section 42-12-301 or 42-3-306 (4); vehicles registered pursuant to section 42-12-401 that are of model year 1975 or earlier or that have two-stroke cycle engines manufactured prior to 1980; or vehicles registered as street-rods pursuant to section 42-3-201.

(19) (a)  Motor vehicle dealer test facility means a stationary or mobile

facility which is operated by a state trade association for motor vehicle dealers which is licensed to operate by the executive director as a motor vehicle dealer test facility to conduct emissions inspections.

(b) (I)  Inspections conducted pursuant to section 42-4-309 (3) by a motor

vehicle dealer test facility shall only be conducted on used motor vehicles inventoried or consigned in this state for retail sale by a motor vehicle dealer that is licensed pursuant to part 1 of article 20 of title 44 and that is a member of the state trade association operating the motor vehicle dealer test facility.

(II)  [Editor's note: This version of subsection (19)(b)(II) is effective until July

1, 2027.] Inspection procedures used by a motor vehicle dealer test facility pursuant to this paragraph (b) shall include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests pursuant to rules and regulations of the commission.

(II)  [Editor's note: This version of subsection (19)(b)(II) is effective July 1,

1. For the applicability of this subsection (19)(b)(II) on or after January 1, 2028, see the editor's note following this section.] Except as provided in section 42-4-310 (2)(a)(II), inspection procedures used by a motor vehicle dealer test facility pursuant to this subsection (19)(b) must include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests pursuant to rules of the commission.

   (20) (a) Program area means the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver, excluding the following areas and subject to paragraph (d) of this subsection (20):

   (I) That portion of Adams county that is east of Kiowa creek (Range sixty-two west, townships one, two, and three south) between the Adams-Arapahoe county line and the Adams-Weld county line;

   (II) That portion of Arapahoe county that is east of Kiowa creek (Range sixty-two west, townships four and five south) between the Arapahoe-Elbert county line and the Arapahoe-Adams county line;

   (III) That portion of El Paso county that is east of the following boundary, defined on a south-to-north axis: From the El Paso-Pueblo county line north (upstream) along Chico creek (Ranges 63 and 64 West, Township 17 South) to Hanover road, then east along Hanover road (El Paso county route 422) to Peyton highway, then north along Peyton highway (El Paso county route 463) to Falcon highway, then west on Falcon highway (El Paso county route 405) to Peyton highway, then north on Peyton highway (El Paso county route 405) to Judge Orr road, then west on Judge Orr road (El Paso county route 108) to Elbert road, then north on Elbert road (El Paso county route 91) to the El Paso-Elbert county line;

   (IV) That portion of Larimer county that is west of the boundary defined on a north-to-south axis by Range seventy-one west and north of the boundary defined on an east-to-west axis by township five north, that portion that is west of the boundary defined on a north-to-south axis by range seventy-three west, and that portion that is north of the boundary latitudinal line 40 degrees, 42 minutes, 47.1 seconds north;

   (V) That portion of Weld county that is north of the boundary defined on an east-to-west axis by Weld county road 78; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 43 and north of the boundary defined on an east-to-west axis by Weld county road 62; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 49, south of the boundary defined on an east-to-west axis by Weld county road 62 and north of the boundary defined on an east-to-west axis by Weld county road 46; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 27, south of the boundary defined on an east-to-west axis by Weld county road 46 and north of the boundary defined on an east-to-west axis by Weld county road 36; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 19, south of the boundary defined on an east-to-west axis by Weld county road 36 and north of the boundary defined on an east-to-west axis by Weld county road 20; and that portion that is east of the boundary defined on a north-to-south axis by Weld county road 39 and south of the boundary defined on an east-to-west axis by Weld county road 20.

   (b) Effective January 1, 2010, the basic emissions program area shall consist of the county of El Paso, as described in paragraph (a) of this subsection (20).

   (c) (I) Effective January 1, 2010, the enhanced emissions program area shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver as described in paragraph (a) of this subsection (20) and subject to paragraph (d) of this subsection (20). Notwithstanding any other provision of this section, vehicles registered in the counties of Larimer and Weld shall not be required to obtain a certificate of emissions control prior to July 1, 2010, in order to be registered or reregistered.

   (II) (Deleted by amendment, L. 2003, p. 1357, � 1, effective August 6, 2003.)

   (III) Only those counties included in the basic emissions program area pursuant to paragraph (b) of this subsection (20) that violate national ambient air quality standards for carbon monoxide or ozone as established by the environmental protection agency may, on a case-by-case basis, be incorporated into the enhanced emissions program by final order of the commission.

   (d) The commission shall review the boundaries of the program area and may, by rule promulgated on or before December 31, 2011, adjust such boundaries to exclude particularly identified regions from either the basic program area, the enhanced area, or both, based on an analysis of the applicable air quality science and the effects of the program on the population living in such regions.

   (21) Registered repair facility or technician means an automotive repair business which has registered with the division, agrees to have its emissions-related cost effectiveness monitored based on inspection data, and is periodically provided performance statistics for the purpose of improving emissions-related repairs. Specific repair effectiveness information shall subsequently be provided to motorists at the time of inspection failure.

   (22) State implementation plan or SIP means the plan required by and described in section 110 (a) of the federal act.

   (23) Technical center means any facility operated by the division or its designee to support AIR program activities including but not limited to licensed emissions inspectors or emissions mechanics, motorists, repair technicians, or small business technical assistance.

   (23.5) Vehicle means a motor vehicle as defined in subsection (18) of this section.

   (24) Verification of emissions test means a certificate to be attached to a motor vehicle's windshield verifying that the vehicle has been issued a valid certification of emissions control.

   Source: L. 94: (17) amended, p. 1647, � 84, effective May 31; (6) amended, p. 2809, � 582, effective July 1; entire title amended with relocations, p. 2274, � 1, effective January 1, 1995. L. 95: (5) and (9) amended, p. 953, � 8, effective May 25. L. 96: (18) amended, p. 441, � 6, effective July 1. L. 98: (3)(d) amended, p. 230, � 1, effective April 10; (3.5) added, p. 891, � 1, effective May 26. L. 2001: (5) amended and (8.5) added, p. 1013, � 2, effective June 5. L. 2003: (3)(e) added, p. 1589, � 6, effective May 2; (3)(b)(I) amended, p. 1602, � 1, effective August 6; (3)(d) amended, p. 2186, � 1, effective August 6; IP(20)(a), (20)(c)(I), and (20)(c)(II) amended and (20)(d) added, p. 1357, � 1, effective August 6. L. 2005: (3)(b)(I) and (18) amended, p. 1173, � 11, effective August 8. L. 2006: (15.5) and (23.5) added, p. 1025, � 2, effective July 1; (18) amended, p. 1411, � 2, effective July 1, 2007. L. 2009: (2), (3)(c), (9), (18), and (20) amended, (SB 09-003), ch. 322, p. 1714, � 1, effective June 1. L. 2010: (18) amended, (SB 10-212), ch. 412, p. 2038, � 17, effective July 1. L. 2011: (3)(c) repealed and (18) amended, (SB 11-031), ch. 86, p. 245, �� 8, 9, effective August 10. L. 2012: (15.5) repealed, (SB 12-034), ch. 107, p. 363, � 2, effective August 8. L. 2013: (3)(b) amended, (HB 13-1300), ch. 316, p. 1709, � 138, effective August 7; (3)(b)(II) amended, (HB 13-1071), ch. 370, p. 2161, � 3, effective August 7. L. 2017: (19)(b)(I) amended, (SB 17-240), ch. 395, p. 2065, � 51, effective July 1. L. 2018: (19)(b)(I) amended, (SB 18-030), ch. 7, p. 141, � 17, effective October 1. L. 2025: IP and (5) amended, (SB 25-321), ch. 387, p. 2172, � 1, effective August 6; (19)(b)(II) amended, (HB 25-1281), ch. 176, p. 736, � 4, effective July 1, 2027.

   Editor's note: (1) This section is similar to former � 42-4-307 as it existed prior to 1994.

   (2) Subsection (17) was originally numbered as � 42-4-307 (16.5), and the amendments to it in Senate Bill 94-206 were harmonized with Senate Bill 94-001; amendments to subsection (6) in House Bill 94-1029 were harmonized with Senate Bill 94-001.

   (3) Subsection (16)(a)(II)(C) provided for the repeal of subsection (16)(a), effective July 1, 1995. (See L. 94, p. 2274.)

   (4) Amendments to subsection (3)(b)(II) by House Bill 13-1071 and House Bill 13-1300 were harmonized.

   (5) Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado 2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.

   Cross references: For the legislative declaration contained in the 2001 act amending subsection (5) and enacting subsection (8.5), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (15.5) and (23.5), see section 1 of chapter 225, Session Laws of Colorado 2006.

C.R.S. § 42-4-401

42-4-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Certification of emissions control means one of the following

certifications, issued to the owner of a diesel vehicle which is subject to the diesel inspection program in order to indicate the status of inspection requirement compliance of such vehicle:

(a)  Certification of diesel smoke opacity compliance is a document which

indicates that the smoke emissions from the vehicle comply with applicable smoke opacity limits at the time of inspection or after required adjustments or repairs;

(b)  Certification of diesel smoke opacity waiver is a document which

indicates that the smoke emissions from the vehicle does not comply with the applicable smoke opacity limits after inspection, adjustment, and emissions related repairs.

(2)  Commission means the air quality control commission.


(3)  Diesel emissions inspection station means a facility which meets the

requirements established by the commission, is licensed by the executive director, and is so equipped as to enable a diesel vehicle emissions-opacity inspection to be performed.

(4)  Diesel emissions inspector means a person possessing a valid license to

perform diesel emissions-opacity inspections in compliance with the requirements of the commission.

(5)  Diesel powered motor vehicle or diesel vehicle as applicable to

opacity inspections, includes only a motor vehicle with four wheels or more on the ground, powered by an internal combustion, compression ignition, diesel fueled engine, and also includes any motor vehicle having a personal property classification of A, B, or C, pursuant to section 42-3-106, as specified on its vehicle registration, and for which registration in this state is required for operation on the public roads and highways. Diesel vehicle does not include: Vehicles registered under section 42-12-301; vehicles taxed under section 42-3-306 (4); or off-the-road diesel powered vehicles or heavy construction equipment.

(6)  Executive director means the executive director of the department of

revenue or the executive director's designee.

(6.3)  Heavy-duty diesel vehicle means a vehicle that is greater than

fourteen thousand pounds gross vehicle weight rating.

(6.7)  Light-duty diesel vehicle means a vehicle that is less than or equal to

fourteen thousand pounds gross vehicle weight rating.

(7)  Opacity meter means an optical instrument that is designed to measure

the opacity of diesel exhaust gases.

(8)  Program area means the counties of Adams, Arapahoe, Boulder,

Douglas, El Paso, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver, excluding the following areas:

(a)  That portion of Adams county which is east of Kiowa creek (Range 62

West, Townships 1, 2, and 3 South) between the Adams-Arapahoe county line and the Adams-Weld county line;

(b)  That portion of Arapahoe county which is east of Kiowa creek (Range 62

West, Townships 4 and 5 South) between the Arapahoe-Elbert county line and the Arapahoe-Adams county line;

(c)  That portion of El Paso county which is east of the following boundary,

defined on a south-to-north axis: From the El Paso-Pueblo county line north (upstream) along Chico creek (Ranges 63 and 64 West, Township 17 South) to Hanover road, then east along Hanover road (El Paso county route 422) to Peyton highway, then north along Peyton highway (El Paso county route 463) to Falcon highway, then west on Falcon highway (El Paso county route 405) to Peyton highway, then north on Peyton highway (El Paso county route 405) to Judge Orr road, then west on Judge Orr road (El Paso county route 108) to Elbert road, then north on Elbert road (El Paso county route 91) to the El Paso-Elbert county line;

(d)  That portion of Larimer county which is west of the boundary defined on a

north-to-south axis by Range 71 West and that portion which is north of the boundary defined on an east-to-west axis by Township 10 North;

(e)  That portion of Weld county which is outside the corporate boundaries of

Greeley, Evans, La Salle, and Garden City and, in addition, is outside the following boundary: Beginning at the point of intersection of the west boundary line of section 21, township six north, range sixty-six west and state highway 392, east along state highway 392 to the point of intersection with Weld county road 37; then south along Weld county road 37 to the point of intersection with Weld county road 64; then east along Weld county road 64 to the point of intersection with Weld county road 43; then south along Weld county road 43 to the point of intersection with Weld county road 62; then east along Weld county road 62 to the point of intersection with Weld county road 49; then south along Weld county road 49 to the point of intersection with the south boundary line of section 13, township five north, range sixty-five west; then west along the south boundary line of section 13, township five north, range sixty-five west, section 14, township five north, range sixty-five west, and section 15, township five north, range sixty-five west; then, from the southwest corner of section 15, township five west, range sixty-five west, south along the east boundary line of section 21, township five north, range sixty-five west, and section 28, township five north, range sixty-five west; then west along the south boundary line of section 28, township five north, range sixty-five west; then south along the east boundary line of section 32, township five north, range sixty-five west, and section 5, township four north, range sixty-five west; then west along the south boundary line of section 5, township four north, range sixty-five west, section 6, township four north, range sixty-five west, and section 1, township four north, range sixty-six west; then north along the west boundary line of section 1, township four north, range sixty-six west, and section 36, township five north, range sixty-six west; then, from the point of intersection of the west boundary line of section 36, township five north, range sixty-six west and Weld county road 52, west along Weld county road 52 to the point of intersection with Weld county road 27; then north along Weld county road 27 to the point of intersection with the south boundary line of section 18, township five north, range sixty-six west; then west along the south boundary line of section 18, township five north, range sixty-six west, section 13, township five north, range sixty-seven west, and section 14, township five north, range sixty-seven west; then north along the west boundary line of section 14, township five north, range sixty-seven west, section 11, township five north, range sixty-seven west, and section 2, township five north, range sixty-seven west; then east along the north boundary line of section 2, township five north, range sixty-seven west, section 1, township five north, range sixty-seven west, section 6, township five north, range sixty-six west, and section 5, township five north, range sixty-six west; then, from the northeast corner of section 5, township five north, range sixty-six west, north along the west boundary line of section 33, township six north, range sixty-six west, section 28, township six north, range sixty-six west, and section 21, township six north, range sixty-six west, to the point of beginning.

(9)  Smoke limit means the maximum amount of allowable smoke opacity

level as established by the commission.

Source: L. 94: Entire title amended with relocations, p. 2315, � 1, effective

January 1, 1995. L. 2003: (6.3) and (6.7) added and (7) amended, p. 1024, � 2, effective August 6. L. 2005: (5) amended, p. 1175, � 15, effective August 8. L. 2009: (8) amended, (SB 09-003), ch. 322, p. 1718, � 4, effective June 1. L. 2010: (5) amended, (SB 10-212), ch. 412, p. 2038, � 18, effective July 1. L. 2011: (5) amended, (SB 11-031), ch. 86, p. 247, � 13, effective August 10.

Editor's note: This section is similar to former � 25-7-601 as it existed prior to

1994, and the former � 42-4-401 was relocated to � 42-4-501.

C.R.S. § 43-1-106

43-1-106. Transportation commission - efficiency and accountability committee - powers and duties - report - rules - definitions. (1) There is created the transportation commission, which consists of eleven members. The transportation commission is a type 1 entity, as defined in section 24-1-105.

(2)  One member of the commission shall be appointed by the governor from

each of the following districts:

(a)  District 1: The city and county of Denver;


(b)  District 2: The county of Jefferson;


(c)  District 3: The counties of Arapahoe and Douglas;


(d)  District 4: The counties of Adams and Boulder;


(e)  District 5: The counties of Larimer, Morgan, and Weld;


(f)  District 6: The counties of Rio Blanco, Grand, Moffat, Routt, Gilpin, Clear

Creek, and Jackson;

(g)  District 7: The counties of Chaffee, Eagle, Garfield, Lake, Summit, Pitkin,

Delta, Gunnison, Mesa, Montrose, and Ouray;

(h)  District 8: The counties of Alamosa, Archuleta, Conejos, Costilla, Dolores,

Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, San Juan, and San Miguel;

(i)  District 9: The counties of El Paso, Fremont, Park, and Teller;


(j)  District 10: The counties of Baca, Bent, Crowley, Custer, Huerfano, Kiowa,

Las Animas, Otero, Prowers, and Pueblo; and

(k)  District 11: The counties of Cheyenne, Elbert, Kit Carson, Lincoln, Logan,

Phillips, Sedgwick, Washington, and Yuma.

(3)  Each district member shall actually reside in the district he or she

represents. If a district member ceases to reside in the district he or she represents, such district member shall be deemed to have resigned as a member of the commission.

(4) (a)  Each member of the commission shall be appointed by the governor,

with the consent of the senate, for a term of four years.

(b)  Repealed.


(c)  As the terms of the members of the commission expire, the governor shall

consider the appointment to the commission of one or more individuals with knowledge or experience in mass transportation to provide for a commission with expertise in different modes of transportation and shall consider the appointment to the commission of at least one individual with knowledge or experience in engineering. In making appointments to the commission, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, provided that the other requirements of this subsection (4)(c) are met.

(5)  All members of the commission shall take an oath or affirmation in

accordance with section 24-12-101.

(6)  The commission shall meet regularly not less than eight times a year, but

special meetings may be called by the governor, the chairman of the commission, the executive director, or a majority of the members of the commission on three days' prior notice by mail or, in case of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt rules in relation to its meetings and the transaction of its business. Six members shall constitute a quorum of the commission. All meetings of the commission, in any suit or proceedings, shall be presumed to have been duly called and regularly held, and all orders, rules, and proceedings of the commission to have been authorized, unless the contrary is proved. Each member of the commission shall receive seventy-five dollars per day for each regular or special meeting of the commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member's official duties. Mileage rates shall be computed in accordance with section 24-9-104, C.R.S.

(7)  The members of the commission thus designated or appointed and their

successors shall constitute a body corporate to be known by the name and style of the transportation commission of Colorado, shall have the power to adopt and use a common seal and to change and alter such seal at will, and shall have and exercise all powers necessarily incident to a body corporate or as provided by law.

(8)  In addition to all other powers and duties imposed upon it by law, the

commission has the following powers and duties:

(a)  To formulate the general policy with respect to the management,

construction, and maintenance of public highways and other transportation systems in the state and, in that capacity, to receive delegations, including county commissioners and municipal officials interested therein;

(b)  To assure that the preservation and enhancement of Colorado's

environment, safety, mobility, and economics be considered in the planning, selection, construction, and operation of all transportation projects in Colorado;

(c)  To make such studies as it deems necessary to guide the executive

director and the chief engineer concerning the transportation needs of the state;

(d)  To prescribe the administrative practices to be followed by the executive

director and the chief engineer in the performance of any duty imposed on them by law;

(e)  Repealed.


(f)  To require the executive director and the chief engineer to furnish

whatever reports, statistics, information, or assistance it may request in studying any particular transportation problem or with respect to the operation of the department generally;

(g)  To furnish the executive director and the chief engineer with advice on

any transportation problem with which they may be confronted;

(h)  To promulgate and adopt all department budgets, subject to section 43-1-113, and state transportation programs, including construction priorities and the

approval of extensions or abandonments of the state highway system and including a capital construction request, based on the statewide transportation improvement programs, for state highway reconstruction, repair, and maintenance projects to be funded from the capital construction fund as provided in section 2-3-1304 (1)(a.5), C.R.S. The provisions of this paragraph (h) shall not apply to the budget of the aeronautics division; except that the commission has the authority to adopt the portion of the division's budget pertaining to its administrative costs and to make an allocation therefor.

(i)  To act as consultants and to provide services and information, to the

boards of county commissioners, which in the discretion of the commission are deemed beneficial to the state of Colorado. Such duty shall include the establishment of a formal hearing process for the boards of county commissioners.

(j)  To do all other things necessary and appropriate in the construction,

improvement, and maintenance of the state highway and transportation systems;

(k)  To make all necessary and reasonable orders, rules, and regulations in

order to carry out the provisions of this part 1 but not inconsistent therewith, but nothing in this section shall be deemed or construed to give the commission or any member thereof the power to direct any officer or any employee, other than the executive director of the department, to do or not to do anything;

(l)  To do all things necessary and appropriate in the construction,

improvement, and maintenance of the public roads serving the state parks and recreation areas and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;

(m)  To do all things necessary and appropriate in the construction,

maintenance, and improvement of recreational trails along and across new or existing state or interstate highways and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;

(n)  To prepare an inventory of, description of use of, evaluation of future

plans for, and assessment of the value of property, except for operating highway rights-of-way, held by the department and to determine whether or not the transfer, sale, lease, or other disposition of such property would result in a substantial net benefit to the highway users tax fund or any other fund to which such moneys would be directed. Upon such determination, the commission shall direct the department to dispose of any property that is not anticipated for use for transportation purposes in the reasonably foreseeable future, as determined by the chief engineer, subject to the provisions of section 43-1-210 (5).

(o)  To require the internal auditor to perform such audits and furnish such

other information or assistance as is set forth in subsection (12) of this section;

(p) (I)  To promulgate all necessary and reasonable regulations to establish

an emerging small business program for the department. In promulgating such regulations, the commission may provide such assistance to eligible small businesses as the commission determines is appropriate to promote the participation of small businesses in the performance of highway construction work, professional services work, and practice of research work and thereby to increase the competition and lower the cost to the state for such work. For the purposes of this paragraph (p), professional services shall have the meaning provided for such term in section 24-30-1402 (6), C.R.S. For the purposes of this paragraph (p), practice of research means the performance of professional services involving the design, data collection and data analysis of studies such as evaluation studies, usage studies, feasibility studies, environmental impact studies, polling studies, and other such studies performed by a person qualified by education or training or actual performance in the field.

(II)  The assistance that is provided to small businesses under the regulations

promulgated by the commission pursuant to the provisions of subparagraph (I) of this paragraph (p) may include, but is not necessarily limited to, the following:

(A)  Assistance in developing business plans;


(B)  The provision of technical assistance to small businesses;


(C)  The provision of payments to prime contractors and consultants for the

actual costs incurred by such contractors and consultants in providing job training to small business subcontractors and subconsultants;

(D)  The restriction of certain smaller projects to only eligible small

businesses;

(E)  The provision of assistance to small businesses with bonding and

retainage requirements, including, but not necessarily limited to, the waiver of bonding or retainage requirements for certain smaller projects;

(F)  Increasing the number of smaller projects that could be completed by

small businesses in construction and nonconstruction areas; and

(G)  The adjustment of the points awarded in the evaluation of any

prospective consultant who is an eligible small business or who will hire eligible small businesses as subconsultants in construction and nonconstruction areas.

(q) (I)  To cooperate or contract with the department of transportation of one

or more states, regional or national associations, or not-for-profit organizations to provide any function, service, or facility lawfully authorized to each, including the sharing of costs, concerning the research, development, implementation, or utilization of transportation studies, issues, and new transportation technology. Said studies, issues, and technology shall include intelligent vehicle highway systems only if such cooperation or contracts are authorized by each party with the approval of its legislative body or other authority.

(II)  Any such contract shall set forth fully the purposes, powers, rights,

obligations, and responsibilities, financial and otherwise, of the contracting parties.

(III)  Where other provisions of law provide requirements for special types of

intergovernmental contracting or cooperation, those special provisions shall control.

(IV)  Any such contract may provide for the joint exercise of any function,

service, or facility, as specified in subparagraph (I) of this paragraph (q), including the establishment of a separate legal entity to do so.

(q.5)  In accordance with an implementation plan developed as required by

section 32-9-107.7 (4), and on behalf of the department, to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 or pursuant to articles 121 to 137 of title 7 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service;

(r)  Subject to section 2-3-1307, C.R.S., to cooperate with the executive

director in complying with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department;

(s)  To promulgate rules or guidelines for the maintenance and administration

of the transportation infrastructure revolving fund in accordance with section 43-1-113.5.

(9)  The commission may adopt rules and regulations to provide that traffic

lanes of state highways, or portions thereof, may be designated as diamond lanes for the preferential treatment of buses. The commission may also by rule and regulation provide that diamond lanes, or portions thereof, may also be available for use by vanpools and carpools. Such rules and regulations may include, but shall not be limited to, the minimum number of persons that would constitute a vanpool or carpool, the conditions under which such vanpools and carpools may use such diamond lanes, time restrictions, if any, conformance with existing intergovernmental agreements, and variances between highways. The commission shall report to the senate transportation committee and the house transportation and energy committee as to the utilization of high-occupancy vehicle traffic lanes, and their overall impact on traffic flow and air quality. Any hearings held pursuant to article 4 of title 24, C.R.S., shall be presided over by the commission, its designee for rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S.

(9.5) (a)  The commission shall promulgate and implement written policies

based upon the policy directive number 1604.0 issued by the commission on November 18, 1999, or any subsequent policy directive as amended or revised requiring the department to notify and disseminate information regarding transportation construction projects to the public and to residential neighborhoods and businesses that may be affected by transportation construction projects. Such policies shall include at a minimum:

(I)  Notification procedures to communities, residences, and businesses

affected by a proposed transportation construction project, including time periods for notification and information about lane closures and detours;

(II)  Notification and signage requirements to be followed by contractors for a

transportation construction project;

(III)  Requirements for mitigation of impacts, including but not limited to

noise, dust, and access to property caused by a transportation construction project.

(b)  The policies issued pursuant to this subsection (9.5) shall not be

construed to reopen the project public participation process for any transportation construction project for which the public participation process has been completed prior to June 1, 2002.

(10)  The commission shall define the succession of administrative officers in

the department so that in the absence of the executive director, the deputy director, or the chief engineer there may always be a designated officer to act in his or her stead and to assume the obligation of his or her office.

(11)  The commission shall act only by resolution adopted at a duly called

meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department.

(12) (a)  Subject to the provisions of section 13 of article XII of the state

constitution, the executive director shall appoint an internal auditor, who shall have the status of a division director and shall have the authority to appoint such personnel as may be necessary for the efficient operation of his office. The executive director shall give presumptive consideration to the recommendations of the commission prior to appointing the internal auditor.

(b)  The internal auditor shall conduct and supervise:


(I)  Internal audits on the department;


(II)  External audits on persons entering into contracts with the department,

as deemed necessary or advisable by the commission;

(III)  Such federally required audits as are delegated to the commission or the

department to perform;

(IV)  Financial audits in order to ensure the financial integrity of the

department; and

(V)  Performance audits to determine the efficiency and effectiveness of the

operations of the department.

(c)  The commission shall establish an audit review committee from the

commission membership, which shall oversee the operations of the internal auditor and his staff.

(d)  The executive director may direct the internal auditor to conduct such

other audits as the executive director may deem necessary.

(e)  It is the intent of the general assembly to shift reporting of, supervision

of, and control of the department's internal auditor to the commission.

(13)  Repealed.


(14)  The commission shall seek to enter into intergovernmental agreements

with local governmental entities in order to encourage cooperation between the department and local governments and to maximize the efficiency of transportation systems in Colorado. Such intergovernmental agreements shall be negotiated by the chief engineer or the executive director pursuant to the provisions of section 43-1-110 (4).

(15)  In addition to any other duties required by law, the commission has the

following charges:

(a)  To study the feasibility of generating income for highway operations

through the usage of the powers granted to the department under the provisions of part 2 of article 3 of this title;

(b)  To study the feasibility of transferring some or all of the existing tunnel

and highway authorities to the department and to examine the building of a highway beltway in the Denver metropolitan area;

(c)  To study whether the regulation of private and public bus companies

should continue to be performed by the public utilities commission or whether such regulation should be performed by the department;

(d) (I)  To study and make recommendations for existing and future

transportation systems in Colorado with a focus of such study and recommendations being a ten-year plan for each mode of transportation. The ten-year plan must be based on what can be reasonably expected to be implemented with the estimated revenues which are likely to be available. For each transportation project identified in the ten-year plan, the plan must specify and regularly update as circumstances change:

(A)  The time frame during which the project is expected to be completed;


(B)  The total estimated amount of funding required to complete the project;

and

(C)  Accounting for the total estimated amount of funding for the project, the

amount of funding from each funding source that has been allocated for the project or is anticipated to be allocated for the project. The plan must always identify specific funding sources and amounts that taken together account for full funding for each project identified in the plan but may indicate, to the extent made necessary by data limitations and uncertainties regarding the availability of future funding and with respect to both the plan generally and any individual project, the extent to which and reasons why the sources and amounts of funding listed are uncertain and subject to change.

(II)  The commission shall allocate department of transportation funding and

resources to the extent necessary to provide to state and local government elected officials a designated and readily available department contact to receive and respond to their questions about the status and funding of specific transportation projects that affect their communities and constituents. The department shall inform the members of the general assembly and the governing body of each county and municipality in the state of the identity of the designated contact and the means by which the designated contact may be reached.

(e)  To examine the application of traffic systems management and

intelligent vehicle highway systems for Colorado highways. The commission shall complete such examination as soon as practicable.

(f)  On or before March 31, 2026, to develop and publish best practices and

technical assistance materials concerning the creation of regional transportation authorities pursuant to the Regional Transportation Authority Law, part 6 of article 4 of this title 43, to increase funding for transit and to provide additional transit services within the state.

(16)  Repealed.


(17) (a)  The commission shall reestablish the standing efficiency and

accountability committee that was initially established in 2009 and disbanded in 2013. The committee shall seek ways to maximize the efficiency and accountability of the department to allow increased investment in the transportation system over the short, medium, and long term. The committee shall include:

(I)  From the executive branch of state government:


(A)  One member of the commission designated by the commission;


(B)  One member from the office of the executive director designated by the

executive director;

(C)  One member from each of the divisions of the department created in

section 43-1-104 (1) designated by the executive director after consultation with the directors of each division; and

(D)  Any other employees of the department that the executive director may

designate;

(I.5)  From the legislative branch of state government:


(A)  Two members of the house of representatives, one appointed from the

majority party by the speaker of the house of representatives and one appointed from the minority party by the minority leader of the house of representatives; and

(B)  Two members of the senate, one appointed from the majority party by the

president of the senate and one appointed from the minority party by the senate minority leader;

(II)  From outside state government, representatives of:


(A)  The construction industry;


(B)  The engineering industry;


(C)  The environmental community;


(D)  Transportation planning organizations;


(E)  Public transportation providers;


(F)  Counties;


(G)  Municipalities;


(H)  Nonpartisan good governance organizations; and


(I)  Any other industries or groups that the commission determines should be

represented on the committee; and

(III)  Any individuals or representatives of informally constituted groups of

individuals that the commission determines should be represented on the committee.

(b)  The efficiency and accountability committee shall seek to ensure that the

commission and the department execute their duties efficiently and in compliance with all applicable federal and state legal requirements. The committee shall periodically report to the commission and the executive director in order to recommend means by which the commission and the department may execute their duties more efficiently, point out any failures of the commission or the department to comply with applicable federal and state legal requirements, and recommend improvements to commission or department procedures that reduce the likelihood of inadvertent legal compliance failures. The committee shall also specifically examine actions taken by the commission and the department in response to the August 2015 performance audit report prepared by the state auditor titled Collection and Usage of the FASTER Motor Vehicle Fees and report its findings regarding the appropriateness, effectiveness, and efficiency of those actions. The executive director or the executive director's designee shall report at least once per calendar year to either the committees of the house of representatives and the senate that have jurisdiction over transportation or the transportation legislation review committee created in section 43-2-145 (1) regarding the activities and recommendations of the efficiency and accountability committee and any actions taken by the commission or the department to implement recommendations of the committee. Notwithstanding section 24-1-136 (11)(a), C.R.S., the reporting requirement continues indefinitely.

(b.5) (I)  The efficiency and accountability committee shall study and report

to the executive director and the commission its findings and any recommendations regarding the following issues relating to consulting engineer contracts:

(A)  Implementation of fixed bid procurement in lieu of bids based on hourly

charges;

(B)  The quality assurance process;


(C)  The revolving door of retired department employees going to work for

consultants;

(D)  Incentives for closing out the contracts, early project completion, and

timely problem resolution; and

(E)  Project staffing and implementation of the portion of the department

memorandum Work Plan for Consistent CDOT and Consultant Construction Project Administration under the heading Measurements in Fiscal Year 2015.

(II)  The department shall annually report to the joint committees of

reference of the house of representatives and the senate to which the department is assigned pursuant to section 2-7-203 (1) as part of the hearing required by section 2-7-203 (2)(a) regarding the findings and any recommendations reported as required by subsection (17)(b.5)(I) of this section and the position of the department with respect to the findings and any recommendations.

(c)  A member of the efficiency and accountability committee who has a

personal or private interest that could reasonably be expected to be affected if the commission or the department implements a proposed committee recommendation shall disclose the interest to the committee and shall abstain from any committee vote to adopt or reject the recommendation.

(d)  Repealed.


Source: L. 91: Entire part R&RE, p. 1022, � 1, effective July 1. L. 92: (12)(b)(II)

amended, p. 1335, � 1, effective April 9; (8)(p) added, p. 1336, � 1, effective June 1; (8)(o) amended, p. 2183, � 57, effective June 2. L. 94: (8)(q) added, p. 303, � 2, effective March 22; (8)(r) added, p. 566, � 19, effective April 6. L. 95: (8)(h) amended, p. 1297, � 4, effective June 5. L. 96: (15) amended, p. 1272, � 206, effective August 7. L. 97: (16) added, p. 959, � 1, effective August 6. L. 98: (8)(s) added, p. 1098, � 19, effective June 1. L. 99: (8)(e) amended, p. 1400, � 2, effective June 4. L. 2000: (13) amended, p. 1938, � 20, effective October 1. L. 2001: (13) amended, p. 1286, � 74, effective June 5. L. 2002: (9.5) added, p. 992, � 1, effective June 1; (16)(e) amended, p. 872, � 11, effective August 7. L. 2003: (8)(e) and (13) repealed, p. 2660, � 1, effective August 6. L. 2004: (16) repealed, p. 218, � 43, effective August 4. L. 2006: (8)(h) amended, p. 540, � 1, effective July 1. L. 2008: (4)(c) amended, p. 304, � 1, effective August 5. L. 2009: (17) added, (SB 09-108), ch. 5, p. 53, � 14, effective March 2; (4)(c) amended, (HB 09-1281), ch. 399, p. 2155, � 7, effective August 5. L. 2012: (8)(l) and (8)(m) amended, (HB 12-1317), ch. 248, p. 1239, � 105, effective June 4. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1710, � 141, effective August 7. L. 2016: IP(17)(a), IP(17)(a)(I), (17)(a)(II)(E), (17)(a)(II)(F), and (17)(b) amended and (17)(a)(I.5), (17)(a)(II)(G), (17)(a)(II)(H), (17)(a)(II)(I), (17)(a)(III), (17)(c), and (17)(d) added, (HB 16-1172), ch. 331, p. 1341, � 3, effective August 10. L. 2018: (4)(c) amended, (HB 18-1364), ch. 351, p. 2084, � 12, effective July 1; (5) amended, (HB 18-1138), ch. 88, p. 705, � 49, effective August 8. L. 2019: (17)(b.5) added and (17)(d) repealed, (SB 19-076), ch. 102, p. 369, � 3, effective April 12. L. 2020: (4)(b) repealed, (SB 20-136), ch. 70, p. 285, � 15, effective September 14. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 88, � 119, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3431, � 218, effective August 10. L. 2023: (4)(c) amended, (HB 23-1296), ch. 269, p. 1602, � 14, effective May 25; (15)(d) amended, (SB 23-268), ch. 398, p. 2368, � 1, effective September 1. L. 2024: (8)(q.5) added, (SB 24-184), ch. 186, p. 1052, � 8, effective May 16. L. 2025: IP(15) amended and (15)(f) added, (SB 25-161), ch. 186, p. 820, � 5, effective May 13.

Editor's note: (1)  This section is similar to former �� 43-1-103 and 43-1-105 as

they existed prior to 1991.

(2)  Amendments to subsection (1) by SB 22-013 and SB 22-162 were

harmonized.

Cross references: (1)  For the oath of civil officers prescribed by the state

constitution, see � 8 of art. XII, Colo. Const.; for rule-making procedures, see article 4 of title 24.

(2)  For the legislative declaration contained in the 1996 act amending

subsection (15), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 1999 act amending subsection (8)(e), see section 1 of chapter 338, Session Laws of Colorado 1999. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. For the legislative declaration in SB 19-076, see section 1 of chapter 102, Session Laws of Colorado 2019. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020. For the legislative declaration in SB 24-184, see section 1 of chapter 186, Session Laws of Colorado 2024.

(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. § 43-4-207

43-4-207. County allocation. (1) After paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, the money, including money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II), that section 43-4-205 requires to be paid from the highway users tax fund to the county treasurers of the respective counties shall be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in this section. The money received is allocated to the counties as provided by law and shall be expended by the counties only on the construction, engineering, reconstruction, maintenance, repair, equipment, improvement, and administration of the county highway systems and any other public highways, including any state highways, together with acquisition of rights-of-way and access rights for the same, for the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway and infrastructure needed to integrate different transportation modes within a multimodal transportation system, and for no other purpose; except that money received pursuant to section 43-4-205 (6.3) shall be expended by the counties only for road safety projects, as defined in section 43-4-803 (21). The amount expended for administrative purposes shall not exceed five percent of each county's share of the funds available.

(2)  For the fiscal year commencing July 1, 1989, and each fiscal year

thereafter, for the purpose of allocating money in the highway users tax fund to the various counties throughout the state, the following method is adopted:

(a) (I)  The first sixty-nine million seven hundred thousand dollars or any

portion thereof shall be allocated to the counties in such a manner that each county receives the same allocation that it received for the fiscal year 1987-88.

(II)  The next seventeen million dollars or any portion thereof shall be

allocated to the following seventeen counties in the following percentages: Adams, 9.5718; Alamosa, 1.1598; Arapahoe, 12.6560; Boulder, 7.3571; Douglas, 3.5148; El Paso, 13.0552; Jefferson, 14.9666; La Plata, 2.0733; Larimer, 7.9978; Lincoln, 1.8866; Logan, 2.0334; Mesa, 4.3285; Morgan, 2.9915; Otero, 1.6843; Pueblo, 4.6096; Rio Grande, 1.3384; and Weld, 8.7753.

(b)  All money credited to the fund in excess of eighty-six million seven

hundred thousand dollars and all money transferred to the fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II) that is required by section 43-4-205 (6.4)(a) and subsection (1) of this section to be paid to the county treasurers of the respective counties is allocated to the counties in the following manner:

(I)  Fifteen percent shall be allocated to the counties in proportion to the rural

motor vehicle registration in each county. The term rural motor vehicle registration includes all passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of the county. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the rural motor vehicle registration for the last preceding year.

(II)  Fifteen percent shall be allocated to the counties in proportion to the

countywide motor vehicle registration in each county. The term countywide motor vehicle registration includes all passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of the county and in cities and incorporated towns. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the countywide motor vehicle registration for the last preceding year.

(III)  Sixty percent shall be allocated to counties in proportion to the adjusted

lane miles of open, used, and maintained county roads in each county, excepting mileage of state highways and municipal streets. A lane mile shall be measured by each ten-foot width of traveled roadway surface, or fractional lane mile thereof. The adjusted lane miles shall be determined by applying to the existing lane miles of county roads in each county a factor of difficulty. The lane miles, the adjusted lane miles, and the factor representing the difficulty of construction and maintenance in the various counties in the state by reason of terrain shall be determined by the department of transportation as provided in paragraphs (c), (d), and (e) of this subsection (2).

(IV)  Ten percent shall be allocated to counties in proportion to the square

feet of bridge deck for bridges greater than twenty feet in length in each county, as certified by the department of transportation.

(c)  The percentage of area in each county classified as plains, plains

rolling and irrigated, and mountainous shall be determined from an accredited topographical map. The department of transportation shall also classify the percentage of paved roads in each county. To the percentage indicated plains a factor of 1.00 shall be applied. To the percentage indicated plains rolling and irrigated a factor of 1.75 shall be applied. To the percentage indicated mountainous a factor of 3.00 shall be applied. To the percentage indicated paved roads a factor of 1.5 shall be applied.

(d)  The department of transportation, prior to July 1 of each year, shall certify

to the state treasurer the lane mile figures, as of December 31 of the preceding year, of the several counties, and the state treasurer shall use such lane mile figures for the current fiscal year as the basis for the allocation mentioned in this subsection (2).

(e)  The authorized agent, as defined in section 42-1-102, in each county shall

certify to the department of revenue the number of motor vehicle licenses issued during the preceding calendar year to persons residing within the limits of a county and whether or not such persons reside in cities, incorporated towns, or unincorporated portions of the county. Upon receipt of the certified information, the department of revenue shall tabulate the total number of all motor vehicle licenses issued during the preceding calendar year to persons residing within the limits of the respective counties in the entire state and within the limits of each city or incorporated town within the respective counties. The department of revenue shall then determine the percentage that the rural motor vehicle registration in each county bears to the total rural motor vehicle registration in the entire state and shall then determine the percentage that the countywide motor vehicle registration in each county bears to the total countywide rural and urban motor vehicle registration in the entire state. On or before May 1 of each year, the department of revenue shall certify to the state treasurer the percentage of motor vehicle registration for each county as provided in this subsection (2)(e).

(3)  For the purpose of this section, the city and county of Denver and the city

and county of Broomfield shall not be considered as counties.

Source: L. 53: p. 503, � 7. CRS 53: � 120-12-7. L. 59: p. 646, � 1. C.R.S. 1963: �

120-12-7. L. 65: p. 930, � 6. L. 71: p. 1137, � 1. L. 78: (2)(b) amended, p. 525, � 1, effective July 1. L. 79: (1) amended, p. 1471, � 4, effective July 6; (1) amended, p. 1667, � 142, effective July 19. L. 87: (1) amended, p. 1556, � 7, effective July 1. L. 89: (2) R&RE, p. 1632, � 1, effective August 1. L. 89, 1st Ex. Sess.: (1) amended, p. 66, � 24, effective August 1. L. 90: (2)(b)(III) amended, p. 1829, � 3, effective July 1. L. 91: (2)(b)(III), (2)(b)(IV), (2)(c), and (2)(d) amended, p. 1126, � 201, effective July 1. L. 93: (1) amended, p. 1518, � 22, effective June 6; (1) amended, p. 1799, � 109, effective June 6. L. 2000: (2)(b)(I), (2)(b)(II), and (2)(e) amended, p. 1652, � 49, effective June 1. L. 2001: (3) amended, p. 273, � 29, effective November 15. L. 2003: (1) amended, p. 1703, � 13, effective May 14. L. 2009: (1) amended, (SB 09-108), ch. 5, p. 55, � 20, effective March 2. L. 2013: (1) amended, (SB 13-048), ch. 138, p. 451, � 3, effective July 1. L. 2017: (2)(e) amended, (HB 17-1107), ch. 101, p. 374, � 30, effective August 9. L. 2018: (1), IP(2), and IP(2)(b) amended, (SB 18-001), ch. 353, p. 2100, � 7, effective May 31.

Editor's note: Amendments to subsection (1) by Senate Bill 93-74 and House

Bill 93-1342 were harmonized.

Cross references: For the legislative declaration in the 2013 act amending

subsection (1), see section 1 of chapter 138, Session Laws of Colorado 2013. For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.

C.R.S. § 8-20-218

8-20-218. Calibration of transport, tank truck, or delivery trucks. (1) The director of the division of oil and public safety shall calibrate transport, trailer, and delivery truck tanks to determine the legal capacity of each compartment, allowing for expansion outage to conform to DOT regulations, except in the case of delivery truck tanks where two percent outage will suffice. Each tank compartment shall have affixed and spot-welded by the owner or operator thereof a capacity marker, which shall be set by measuring with a steel rule from the bottom of a steel bar set across the fill opening to the bottom of the marker (floated). The compartment gallonage shall be marked or stenciled with paint in figures at least one inch in height on each compartment dome collar.

(2)  All new or additional vehicular tanks purchased or leased after April 6,

1955, by any person for hauling class I, II, or III petroleum products within or into the state shall be calibrated by the director of the division of oil and public safety and a certificate of calibration shall be issued to the owner or operator thereof before such equipment is put in service. A copy of the certificate of calibration shall accompany the tank at all times.

(3)  Whenever a certificate of calibration has been lost or mutilated, the

director of the division of oil and public safety shall issue a duplicate of the original which shall serve the purpose of the original. The director of the division of oil and public safety may order, after proper inspection, a calibration or a recalibration of any transport, trailer, or delivery truck tank operating in the state, whether calibrated by the director previously or not, when inspection by the director or the director's deputy reveals that tank compartments or capacity markers have been altered intentionally or accidentally, and the owner or operator shall comply with such order within ten days. If the owner or operator of a delivery truck tank has available calibrating equipment acceptable to the director of the division of oil and public safety, the tanks shall be calibrated in the presence of the director or the director's deputy, at or near the place of business of the owner or operator, and the director shall issue a certificate of calibration for said tank.

Source: L. 31: p. 599, � 19. CSA: C. 118, � 16. L. 41: p. 586, � 16. L. 43: p. 448, �

1. CRS 53: � 100-2-18. L. 55: p. 644, � 1. C.R.S. 1963: � 100-2-18. L. 2001: Entire section amended, p. 1117, � 13, effective June 5. L. 2005: (1) and (2) amended, p. 1346, � 14, effective August 8.

C.R.S. § 8-42-101

8-42-101. Employer must furnish medical aid - approval of plan - fee schedule - contracting for treatment - no recovery from employee - medical treatment guidelines - accreditation of physicians and other medical providers - mental health provider qualifications - mileage reimbursement - rules - definitions - repeal. (1) (a) (I) Every employer, regardless of the employer's method of insurance, shall furnish medical, surgical, dental, nursing, and hospital treatment; medical, hospital, and surgical supplies; crutches; apparatus; and guardian ad litem or conservator services as may reasonably be needed at the time of the injury or occupational disease and thereafter during the disability to cure and relieve the employee from the effects of the injury.

(II)  An employer or an employer's insurer that is required to furnish guardian

ad litem or conservator services pursuant to this subsection (1)(a) shall pay an amount set in a fee schedule established by the director by rule. The director shall include in the fee schedule:

(A)  Reasonable attorney fees and costs to appoint a guardian ad litem or

conservator through the appropriate probate court for an employee who is legally incapacitated as the result of a work-related injury or occupational disease; and

(B)  Reasonable fees and costs of a guardian ad litem or conservator

appointed for an employee for services that are reasonably necessary as a result of the work-related injury or occupational disease.

(b)  In all cases where the injury results in the loss of a member or part of the

employee's body, loss of teeth, loss of vision or hearing, or damage to an existing prosthetic device, the employer shall furnish within the limits of the medical benefits provided in subsection (1)(a) of this section artificial members, glasses, hearing aids, braces, and other external prosthetic devices, including dentures, that are reasonably required to replace or improve the function of each member or part of the body or prosthetic device so affected or to improve the employee's vision or hearing. Implants or devices necessary to regulate the operation of, or to replace, with implantable devices, internal organs or structures of the body may be replaced when the authorized treating physician deems it necessary. Every employer subject to the terms and provisions of articles 40 to 47 of this title 8 must insure against liability for the medical, surgical, and hospital expenses provided for in this article 42, unless permission is given by the director to such employer to operate under a medical plan, as set forth in subsection (2) of this section.

(c)  In any case in which a firefighter, emergency medical services provider, or

peace officer, as described in section 16-2.5-101, C.R.S., is exposed during the course and within the scope of employment to a known or possible source of hepatitis C, the employer, or if insured, the insurer, shall, at their expense, provide for baseline testing within the period of time specified in section 8-41-208 (1)(a) to determine whether the employee was free of hepatitis C at the time of the on-the-job exposure. The employer, or if insured, the insurer, shall pay for all reasonable and necessary medical procedures and treatment for exposure to hepatitis C during the period of time set forth in section 8-41-208 (1)(d).

(2)  Every such plan, which is agreed to between the employer and employee,

for the furnishing of medical, surgical, and hospital treatment, whether or not the employee is to pay any part of the expense of such treatment, before being put into effect, shall receive the approval of the director. The director has full power to formulate the terms and conditions under which any such plan may operate and the essentials thereof, and at any time the director may order modifications or changes in any such plan or withdraw prior approval thereof. No plan shall be approved by the director which relieves the employer from the burden of assuming and paying for any part of the medical, surgical, and hospital services and supplies required.

(3) (a) (I) [Editor's note: This version of subsection (3)(a)(I) is effective until

January 1, 2028.] The director shall establish a schedule fixing the fees for which all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services, whether related to treatment or not, pertaining to injured employees under this section shall be compensated. It is unlawful, void, and unenforceable as a debt for any physician, chiropractor, hospital, person, expert witness, reviewer, evaluator, or institution to contract with, bill, or charge any party for services, rendered in connection with injuries coming within the purview of this article or an applicable fee schedule, which are or may be in excess of said fee schedule unless such charges are approved by the director. Fee schedules shall be reviewed on or before July 1 of each year by the director, and appropriate health-care practitioners shall be given a reasonable opportunity to be heard as required pursuant to section 24-4-103, C.R.S., prior to fixing the fees, impairment rating guidelines, which shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991, and medical treatment guidelines and utilization standards. Fee schedules established pursuant to this subparagraph (I) shall take effect on January 1. The director shall promulgate rules concerning reporting requirements, penalties for failure to report correctly or in a timely manner, utilization control requirements for services provided under this section, and the accreditation process in subsection (3.6) of this section. The fee schedule shall apply to all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services and to expert witness, expert reviewer, or expert evaluator services, whether related to treatment or not, provided after any final order, final admission, or full or partial settlement of the claim.

(3) (a) (I) [Editor's note: This version of subsection (3)(a)(I) is effective

January 1, 2028.]

(A) The director shall establish a schedule fixing the fees for which all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services, whether related to treatment or not, pertaining to injured employees under this section shall be compensated. It is unlawful, void, and unenforceable as a debt for a physician, chiropractor, hospital, person, expert witness, reviewer, evaluator, or institution to contract with, bill, or charge any party for services, rendered in connection with injuries coming within the purview of this article 42 or an applicable fee schedule, that are or may be in excess of the fee schedule unless such charges are approved by the director. Fee schedules shall be reviewed on or before July 1 of each year by the director, and appropriate health-care practitioners shall be given a reasonable opportunity to be heard as required pursuant to section 24-4-103 prior to fixing the fees; impairment rating guidelines, which shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991; and medical treatment guidelines and utilization standards. Fee schedules established pursuant to this subsection (3)(a)(I) shall take effect on January 1. The director shall adopt rules concerning reporting requirements, penalties for failure to report correctly or in a timely manner, utilization control requirements for services provided under this section, and the accreditation process described in subsection (3.6) of this section. The fee schedule applies to all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services and to expert witness, expert reviewer, or expert evaluator services, whether related to treatment or not, provided after any final order, final admission, or full or partial settlement of the claim.

(B)  An employer or the employer's insurer shall use the division's utilization

standards when responding to a request for authorization from a treating physician. If an employer or the employer's insurer fails to act in accordance with the division's utilization standards when reviewing a request for authorization, the director may deem the services provided by an authorized treating physician as authorized, reasonable, and necessary and require payment for the services by the employer or the employer's insurer.

(II)  Notwithstanding the provisions of subparagraph (I) of this paragraph (a)

the fees set forth in the schedule established pursuant to subparagraph (I) of this paragraph (a) shall be those fees in effect immediately prior to July 1, 1991, and such fees shall remain in effect until July 1, 1995.

(III)  Notwithstanding the provisions of subparagraph (I) of this paragraph (a),

until the impairment rating guidelines and medical treatment guidelines and utilization standards required by subparagraph (I) of this paragraph (a) and subsection (3.5) of this section are adopted and level I accreditation is received, compensation for fees for chiropractic treatments shall not be made more than ninety days after the first of such treatments nor after the twelfth such treatment, whichever first occurs, unless the chiropractor has received level I accreditation.

(b)  Medical treatment guidelines and utilization standards, developed by the

director, shall be used by health-care practitioners for compliance with this section.

(c) [Editor's note: Subsection (3)(c) is effective January 1, 2028.] The

department shall update the general assembly on the changes made to the utilization standards for physician authorization requests as part of the department's presentation to the legislative committees of reference at the committees' hearings held pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act pursuant to part 2 of article 7 of title 2.

(3.5) (a) (I) (A)  Physician means, for the purposes of the level I and level II

accreditation programs only, a physician licensed under the Colorado Medical Practice Act, article 240 of title 12. A physician is not deemed accredited under either level I or level II solely by reason of being licensed.

(B)  A physician assistant licensed under the Colorado Medical Practice Act,

article 240 of title 12, may receive level I accreditation. In order for a level I accredited physician assistant to perform medical services requiring level I accreditation, a level I accredited physician must delegate the performance of those medical services to the level I accredited physician assistant.

(C)  Repealed.


(D)  An advanced practice registered nurse with prescriptive authority

pursuant to section 12-255-112 may receive level I accreditation for purposes of receiving one hundred percent reimbursement under the medical fee schedule created in accordance with subsection (3) of this section.

(D.5)  A health-care professional regulated pursuant to title 12 and listed in

the utilization standards created in accordance with subsection (3.5)(a)(II) of this section may receive level I accreditation.

(E)  Nothing in this subsection (3.5)(a) grants any person other than a

physician licensed under the Colorado Medical Practice Act, article 240 of title 12, the authority to determine that no permanent medical impairment has resulted from the injury pursuant to subsection (3.6)(b) of this section or that a claimant has attained maximum medical improvement pursuant to section 8-42-107 (8)(b)(I).

(II)  The director shall promulgate rules establishing a system for the

determination of medical treatment guidelines and utilization standards and medical impairment rating guidelines for impairment ratings as a percent of the whole person or affected body part based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991.

(b)  A medical impairment rating system shall be maintained by the director.


(c) (I)  This subsection (3.5) is repealed, effective September 1, 2036.


(II)  Prior to such repeal the accreditation process created by this subsection

(3.5) and subsection (3.6) of this section shall be reviewed as provided for in section 24-34-104, C.R.S.

(3.6) (a)  The two-tier accreditation system shall comprise the following

programs:

(I)  A program establishing the accreditation requirements for physicians

providing primary care to patients who have, as a result of their injury, been unable to return to work for more than three working days, referred to in this section as time-loss injuries, which program shall be voluntary except in the case of chiropractors, for whom it shall be mandatory, and which shall be known as level I accreditation; and

(II)  A program establishing the accreditation requirements for physicians

providing impairment evaluation of injured workers, which program shall be known as level II accreditation.

(b)  A physician who provides impairment evaluation of injured workers shall

complete and must have received accreditation under the level II accreditation program. However, the authorized treating physician providing primary care need not be level II accredited to determine that no permanent medical impairment has resulted from the injury. Specialists who do not render primary care to injured workers and who do not perform impairment evaluations do not require accreditation. The facility where a physician provides such services cannot be accredited.

(c)  Both the level I and level II accreditation programs shall be implemented

and available to physicians. All physicians who are required to be accredited shall complete the level II accreditation program or programs.

(d)  The level I and level II accreditation programs shall operate in such a

manner that the costs of the program are fully met by registration fees paid by the physicians. The registration fee for each program must cover the cost of all accreditation course work and materials.

(e)  The accreditation system shall be established so as to provide physicians

with an understanding of the administrative, legal, and medical roles and in such a manner that accreditation is accessible to every licensed physician, with consideration of specialty and geographic diversity.

(f)  Initial accreditation shall be for a three-year period and may be renewed

for successive three-year periods. The director by regulation may determine any additional training program required prior to accreditation renewal.

(g)  The director shall, upon good cause shown, revoke the accreditation of

any physician who violates the provisions of this subsection (3.6) or any rule promulgated by the director pursuant to this subsection (3.6), following a hearing on the merits before an administrative law judge, subject to review by the industrial claim appeals office and the court of appeals, in accordance with all applicable provisions of article 43 of this title.

(h)  If a physician whose accreditation has been revoked submits a claim for

payment for services rendered subsequent to such revocation, the physician shall be considered in violation of section 10-1-128, and neither an insurance carrier nor a self-insured employer shall be under any obligation to pay such claim.

(i)  A physician who provides treatment for nontime loss injuries need not be

accredited to be reimbursed for the costs of such treatment pursuant to the provisions of the Workers' Compensation Act of Colorado.

(j)  (Deleted by amendment, L. 96, p. 151,  2, effective July 1, 1996.)


(k)  The division shall make available to insurers, claimants, and employers a

list of all accredited physicians and a list of all physicians whose accreditation has been revoked. Such lists shall be updated on a monthly basis.

(l)  The registration fees collected pursuant to paragraph (d) of this

subsection (3.6) shall be transmitted to the state treasurer, who shall credit the same to the physicians accreditation program cash fund, which is hereby created in the state treasury. Moneys in the physicians accreditation program cash fund are hereby continuously appropriated for the payment of the direct costs of providing the level I and level II accreditation courses and materials.

(m)  All administrative costs associated with the level I and level II

accreditation programs shall be paid out of the workers' compensation cash fund in accordance with appropriations made pursuant to section 8-44-112 (7).

(n)  The director shall contract with the medical school of the university of

Colorado for the services of a medical director to advise the director on issues of accreditation, impairment rating guidelines, medical treatment guidelines and utilization standards, and case management and to consult with the director on peer review activities as specified in this subsection (3.6) and section 8-43-501. The medical director shall be a medical doctor licensed to practice in this state with experience in occupational medicine. The director may contract with an appropriate private organization that meets the definition of a quality improvement organization as set forth in 42 U.S.C. sec. 1320c-1 to conduct peer review activities under this subsection (3.6) and section 8-43-501 and to recommend whether or not adverse action is warranted.

(o)  Except as provided in this subsection (3.6), neither an insurance carrier

nor a self-insured employer or injured worker shall be liable for costs incurred for an impairment evaluation rendered by a physician where there is a determination of permanent medical impairment if such physician is not level II accredited pursuant to the provisions of this subsection (3.6).

(p) (I)  As used in this paragraph (p):


(A)  Case management means a system developed by the insurance carrier

in which the carrier shall assign a person knowledgeable in workers' compensation health care to communicate with the employer, employee, and treating physician to assure that appropriate and timely medical care is being provided.

(B)  Managed care means the provision of medical services through a

recognized organization authorized under the provisions of parts 1, 3, and 4 of article 16 of title 10, or a network of medical providers accredited to practice workers' compensation under this subsection (3.6).

(II)  Every employer or its insurance carrier shall offer at least managed care

or medical case management in the counties of Denver, Adams, Jefferson, Arapahoe, Douglas, Boulder, Larimer, Weld, El Paso, Pueblo, and Mesa and shall offer medical case management in all other counties of the state.

(q)  The division is authorized to accept moneys from any governmental unit

as well as grants, gifts, and donations from individuals, private organizations, and foundations; except that no grant, gift, or donation may be accepted by the division if it is subject to conditions which are inconsistent with this article or any other laws of this state or which require expenditures from the workers' compensation cash fund which have not been approved by the general assembly. All moneys accepted by the division shall be transmitted to the state treasurer for credit to the workers' compensation cash fund.

(r) (I)  This subsection (3.6) is repealed, effective September 1, 2036.


(II)  Prior to such repeal the accreditation process created by subsection (3.5)

of this section and this subsection (3.6) shall be reviewed as provided for in section 24-34-104.

(3.7)  On and after July 1, 1991, all physical impairment ratings used under

articles 40 to 47 of this title shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991. For purposes of determining levels of medical impairment pursuant to articles 40 to 47 of this title a physician shall not render a medical impairment rating based on chronic pain without anatomic or physiologic correlation. Anatomic correlation must be based on objective findings.

(3.9)  A person providing mental health services pursuant to articles 40 to 47

of this title 8, including cognitive behavioral therapy and other treatment modalities under the workers' compensation system, must be formally trained and licensed as a mental health provider.

(4)  Once there has been an admission of liability or the entry of a final order

finding that an employer or insurance carrier is liable for the payment of an employee's medical costs or fees, a medical provider shall under no circumstances seek to recover such costs or fees from the employee.

(5) [Editor's note: This version of subsection (5) is effective until January 1,

2028.] If any party files an application for hearing on whether the claimant is entitled to medical maintenance benefits recommended by an authorized treating physician that are unpaid and contested, and any requested medical maintenance benefit is admitted fewer than twenty days before the hearing or ordered after application for hearing is filed, the court shall award the claimant all reasonable costs incurred in pursuing the medical benefit. Such costs do not include attorney fees.

(5) [Editor's note: This version of subsection (5) is effective January 1, 2028.]

If any party files an application for hearing on whether a claimant is entitled to medical benefits recommended by an authorized treating physician that are unpaid and contested, and any requested medical benefit is admitted fewer than twenty days before the hearing or ordered after application for hearing is filed, the court shall award the claimant all reasonable costs incurred in pursuing the medical benefit. Such costs do not include attorney fees.

(6) (a)  If an employer receives notice of injury and the employer or, if insured,

the employer's insurance carrier, after notice of the injury, fails to furnish reasonable and necessary medical treatment to the injured worker for a claim that is admitted or found to be compensable, the employer or carrier shall reimburse the claimant, or any insurer or governmental program that pays for related medical treatment, for the costs of reasonable and necessary treatment that was provided. An employer, insurer, carrier, or provider may not recover the cost of care from a claimant where the employer or carrier has furnished medical treatment except in the case of fraud.

(b)  If a claimant has paid for medical treatment that is admitted or found to

be compensable and that costs more than the amount specified in the workers' compensation fee schedule, the employer or, if insured, the employer's insurance carrier, shall reimburse the claimant for the full amount paid. The employer or carrier is entitled to reimbursement from the medical providers for the amount in excess of the amount specified in the worker's compensation fee schedule.

(7) (a)  Except as provided in subsections (7)(b) and (7)(c) of this section, a

claimant must submit a request for mileage expense reimbursement for travel reasonably necessary and related to obtaining compensable treatment, supplies, or services specified in subsection (1)(a) of this section to the employer or, if insured, to the employer's insurer no later than one hundred twenty days after the date the expense is incurred, unless good cause for a later submission is shown. Good cause includes a failure by the employer or employer's insurer to provide the notice in the brochure required by section 8-43-203 (3)(c)(IV). Within thirty days after the date the claimant submits the request for mileage expense reimbursement, the employer or employer's insurer shall pay the mileage expenses or, if denying the request, provide written notice to the claimant stating the reason the request was denied.

(b)  Within seven days after the date of receipt of a claimant's written request

for advance mileage expenses for travel that is reasonably necessary and related to obtaining compensable treatment, supplies, or services specified in subsection (1)(a) of this section and requires round-trip travel greater than one hundred miles, the employer or the employer's insurer shall pay the advance mileage expenses or, if denying the request, provide written notice to the claimant stating the reason the request was denied.

(c)  If advance mileage expense payment is made pursuant to this subsection

(7), and the specific travel for which payment was provided does not occur, the employer or, if insured, the employer's insurer is entitled to a credit in the amount of the payment to be applied against liability for any future mileage expense reimbursements.

Source: L. 90: Entire article R&RE, p. 485, � 1, effective July 1. L. 91: (3)(b)

repealed, p. 694, � 4, effective April 20; (1)(b) and (3) amended and (3.5), (3.6), and (3.7) added, p. 1296, � 10, effective July 1. L. 92: (3.5)(a)(II) amended, p. 2165, � 1, effective June 2; (3.6)(p)(I)(B) amended, p. 1723, � 2, effective July 1. L. 94: (1)(b) amended, p. 311, � 1, effective March 22; (3.5)(k) and (3.6)(r) amended, p. 1457, � 7, effective May 25; (3)(a)(II) amended, p. 2001, � 2, effective July 1. L. 95: (3.6)(g) amended, p. 234, � 1, effective April 17. L. 96: (3.6)(b) and (3.6)(o) amended, p. 268, � 1, effective April 8; (3)(a)(I), (3)(b), (3.5), and (3.6) amended, p. 151, � 2, effective July 1. L. 2002: (1)(c) added, p. 441, � 2, effective May 16. L. 2003: (3.5)(c)(I) and (3.6)(r)(I) amended, p. 918, � 2, effective July 1; IP(3.6) and (3.6)(h) amended, p. 614, � 4, effective July 1; (1)(c) amended, p. 1613, � 4, effective August 6. L. 2004: (3)(a)(I) amended, p. 396, � 4, effective August 4. L. 2007: (3)(a)(I) and (3.6)(k) amended, p. 1471, � 1, effective May 30. L. 2008: (1)(b) and (3)(a)(I) amended, p. 1675, � 1, effective July 1. L. 2009: (3)(a)(I) amended, (SB 09-243), ch. 269, p. 1222, � 2, effective July 1. L. 2010: (5) added, (SB 10-187), ch. 310, p. 1456, � 2, effective July 1. L. 2013: (6) added, (SB 13-285), ch. 301, p. 1593, � 1, effective July 1. L. 2014: (3.5)(a)(I) amended, (HB 14-1227), ch. 363, p. 1735, � 36, effective July 1; (3.5)(c)(I), (3.6)(d), and (3.6)(r)(I) amended, (HB 14-1278), ch. 293, pp. 1197, 1198, �� 1, 3, effective July 1. L. 2015: (2)(b) added, (SB 15-264), ch. 259, p. 942, � 8, effective August 5. L. 2016: (3.5)(a)(I) amended, (SB 16-158), ch. 204, p. 720, � 3, effective August 10. L. 2019: (3.5)(a)(I)(D) and (3.5)(a)(I)(E) added, (HB 19-1105), ch. 77, p. 281, � 1, effective August 2; (3.6)(n) amended, (SB 19-241), ch. 390, p. 3463, � 3, effective August 2; (3.5)(a)(I)(A) and (3.5)(a)(I)(B) amended, (HB 19-1172), ch. 136, p. 1647, � 22, effective October 1. L. 2021: (1)(a) amended and (7) added, (HB 21-1050), ch. 384, p. 2569, � 1, effective September 7. L. 2022: (3.9) added, (HB 22-1354), ch. 476, p. 3470, � 3, effective June 8; (7) amended, (HB 22-1347), ch. 477, p. 3472, � 1, effective August 10. L. 2023: (1)(b) amended, (HB 23-1076), ch. 370, p. 2222, � 2, effective August 7. L. 2025: (3.5)(a)(I)(A), (3.5)(a)(I)(E), (3.5)(c)(I), and (3.6)(r)(I) amended, (3.5)(a)(I)(C) repealed, and (3.5)(a)(I)(D.5) added, (SB 25-186), ch. 285, p. 1470, � 1, effective August 6; (3.6) amended, (SB 25-300), ch. 428, p. 2436, � 4, effective August 6; (3)(a)(I) and (5) amended and (3)(c) added, (HB 25-1300), ch. 442, p. 2545, � 2, effective January 1, 2028.

Editor's note: (1)  This section is similar to former � 8-49-101 as it existed

prior to 1990.

(2)  Although subsection (3)(b) was repealed by House Bill 91-1100, the repeal

was harmonized with the amendments to the entire subsection (3) by Senate Bill 91-218.

(3)  Amendments to subsection (3.6) by House Bill 96-1040 and House Bill

96-1126 were harmonized.

(4)  Amendments to subsection (3.6)(r)(I) by SB 25-186 and SB 25-300 were

harmonized.

(5)  Section 4(2) of chapter 442 (HB 25-1300), Session Laws of Colorado

2025, provides that the act changing this section applies to workers' compensation claims filed on or after January 1, 2028.

Cross references: For the legislative declaration in SB 16-158, see section 1

of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in HB 25-1300, see section 1 of chapter 442, Session Laws of Colorado 2025.

C.R.S. § 9-4-101

9-4-101. Definitions. As used in this article, unless the context otherwise requires:

(1)  A.S.M.E. boiler and pressure vessel code means the boiler and pressure

vessel code developed by the boiler and pressure vessel committee of the American society of mechanical engineers with amendments, addenda, and interpretations thereto, made and approved by the council of said society, 1968 edition, a copy of which code is on file in the office of the boiler inspection section of the division of oil and public safety.

(1.5)  A.S.M.E. review and survey means the review and survey of the

manufacturers quality control system for the certification of authorization for the use of the A.S.M.E. applicable code symbol stamp.

(2)  Boiler means a closed pressure vessel in which a fluid is heated for use

external to itself by the direct application of heat resulting from the combustion of fuel, solid, liquid, or gaseous, or by the use of electricity or nuclear energy.

(2.5)  Chief boiler inspector means the person appointed by the director to

oversee the boiler inspection section created in section 9-4-102.

(3)  Colorado boiler and pressure vessel code is used to designate the

accepted reference for construction, installation, operation, and inspection of boilers and pressure vessels and will be referred to as the Colorado boiler and pressure vessel code, which includes the A.S.M.E. boiler and pressure vessel codes and the national board inspection code.

(4)  Condemned boiler means a boiler which has been inspected and

declared unsafe or disqualified as to legal requirements by an inspector qualified to take such action and to which has been applied a stamping or marking designating its rejection.

(5)  Director means the director of the division of oil and public safety or his

or her designee.

(6)  External inspection means an inspection made when a boiler is in

operation.

(7)  Hot-water heating boiler means a boiler operated at pressure not

exceeding one hundred sixty PSIG and temperature not exceeding two hundred fifty degrees Fahrenheit for water.

(8)  Hot-water supply boiler means a boiler used to supply hot water

operated at pressure not exceeding one hundred sixty PSIG and temperatures not exceeding two hundred fifty degrees Fahrenheit at or near the boiler outlet.

(9)  Internal inspection means an inspection made when a boiler is shut

down with all handholes or manholes opened for inspection of its interior.

(10)  Locomotive boiler means a boiler mounted on a self-propelled track

carrier and which is used to furnish motivating power for traveling on rails.

(11)  Miniature boiler means any boiler which does not exceed any of the

following limits:

(a)  Sixteen inches inside diameter of shell;


(b)  Five cubic feet gross volume exclusive of casing and insulation;


(c)  One hundred pounds PSIG maximum working pressure.


(12)  National board inspection code means the manual for boiler and

pressure vessel inspections published in 1970 by the national board of boiler and pressure vessel inspectors, 10th edition, and subsequent revisions.

(13)  Nonstandard boiler means any boiler which does not qualify as a

standard boiler.

(14)  Owner or user means any person, firm, corporation, or business entity

of whatever nature owning or operating any boiler within this state.

(14.3)  Owner-user inspection organization means an owner or user of

pressure-retaining items who maintains a regularly established inspection department, and whose organization and inspection procedures meet the requirements of the national board of boiler and pressure vessel inspectors rules or the American petroleum institute's API 510 program and are acceptable to the director.

(14.5)  Owner-user inspector means an inspector who holds a valid national

board of boiler and pressure vessel inspectors owner-user inspector commission and who has passed the examination prescribed by the national board or is an American petroleum institute certified inspector under a jurisdictionally approved owner-user inspection organization.

(15)  Portable boiler means an internally fired boiler which is primarily

intended for temporary locational use, the construction and usage of which is obviously portable for use in multiple locations.

(16)  Power boiler means any boiler exceeding the miniature boiler size

which generates steam or vapor at a pressure of more than fifteen pounds per square inch gauge (PSIG).

(16.5)  Pressure vessel means a pressure vessel or a container for the

containment of pressure, either internal or external. Except as exempted in section 1910.172 of the Colorado occupational safety and health general standards, such pressure may be obtained from an external source or by the application of heat from a direct or indirect source or by any combination of such methods. The scope in relation to the geometry of pressure-containing parts shall terminate at the following: The first circumferential joint for welding end connections, or the face of the first flange in bolted flanged connections, or the first threaded joint in that type of connection.

(17)  Reinstalled boiler means a boiler removed from its original setting and

reerected at the same location or erected at a new location without change of ownership.

(18)  Relief valve means an automatic pressure-relieving device actuated by

static pressure upstream of the valve which opens farther with an increase in pressure over the opening pressure. It is used primarily for liquid service.

(19)  Safety relief valve means an automatic pressure-actuated relieving

device suitable for use either as a safety valve or relief valve, depending on application.

(20)  Safety valve means an automatic pressure-relieving device activated

by static pressure upstream of the valve and characterized by full-opening pop action. It is used for steam, gas, or vapor service.

(21)  Secondhand boiler means a boiler in which both location and

ownership have been changed after primary use.

(22)  Section means the boiler inspection section of the division of oil and

public safety.

(23)  Service and domestic-type water heater means a water heater of

either instantaneous or storage type used for heating or combined heating and storage of hot water for domestic or sanitary purposes or for space heating in which none of the following limitations is exceeded:

(a)  Heat input of two hundred thousand BTUs per hour;


(b)  Fluid temperature of two hundred ten degrees Fahrenheit;


(c)  Normal internal fluid capacity of one hundred twenty gallons.


(24)  Shop inspection means inspection of new construction of boilers or

pressure vessels, and shall include review of the specifications, determination that such construction is in accordance with the applicable codes, and certification to the national board and to the A.S.M.E. that such completed new construction is eligible to be stamped with the appropriate A.S.M.E. symbol.

(25)  Special boiler inspector means an inspector who has received and

maintained in force a commission as inspector issued by the national board of boiler and pressure vessel inspectors and authorized by the boiler inspection section to inspect or insure boilers in the state of Colorado.

(26)  Standard boiler means a boiler which bears the stamp of the state of

Colorado or another state which has adopted a standard boiler construction equivalent to that required by the Colorado boiler and pressure vessel code or a boiler which bears the A.S.M.E. stamp.

(27)  State boiler inspector means any boiler inspector employed by the

division of oil and public safety.

(28)  Steam-heating boiler means a boiler operated at pressure not

exceeding fifteen PSIG for steam.

Source: L. 71: R&RE, p. 267, � 1. C.R.S. 1963: � 17-3-1. L. 76: (28) amended

and (1.5) and (16.5) added, p. 362, � 1, effective July 1. L. 2001: (1), (22), and (27) amended, p. 1134, � 56, effective June 5. L. 2009: (23)(b) amended, (HB 09-1309), ch. 234, p. 1071, � 1, effective May 4. L. 2011: (2.5) added and (5) amended, (HB 11-1050), ch. 8, p. 16, � 1, effective August 10. L. 2012: (14.3) and (14.5) added, (HB 12-1217), ch. 51, p. 184, � 1, effective August 8.

C.R.S. § 9-4-118

9-4-118. Existing heating boilers and hot-water supply boilers installations. (1) The maximum allowable working pressure of a boiler built in accordance with the A.S.M.E. boiler and pressure vessel code shall in no case exceed the pressure indicated by the manufacturer's identification stamped or cast on the boiler or a plate secured to it.

(2)  The maximum allowable working pressure on the shell of a nonstandard,

riveted heating boiler shall be determined in accordance with section 9-4-114 (1) covering existing power boiler installations. In no case shall the maximum allowable working pressure of a steam-heating boiler exceed fifteen pounds per square inch gauge, or a hot-water boiler exceed one hundred sixty pounds per square inch gauge, at a temperature not exceeding two hundred fifty degrees Fahrenheit.

(3)  The maximum allowable working pressure of a nonstandard steel or

wrought-iron heating boiler of welded construction shall not exceed fifteen pounds per square inch gauge. For other than steam service, the maximum allowable working pressure shall be calculated in accordance with the rules for construction of low-pressure heating boilers of the A.S.M.E. boiler and pressure vessel code.

(4)  The maximum allowable working pressure of a nonstandard boiler

composed principally of cast iron shall not exceed fifteen pounds per square inch gauge for steam service or thirty pounds per square inch gauge for hot-water service.

(5)  The maximum allowable working pressure of a nonstandard boiler having

cast-iron shell or heads and steel wrought-iron tubes shall not exceed fifteen pounds per square inch gauge for steam service or thirty pounds per square inch gauge for water service.

(6)  A radiator in which steam pressure is generated at a pressure of fifteen

pounds per square inch gauge or less is a low-pressure boiler.

(7)  Each steam-heating boiler shall have one or more officially rated valves

of the spring pop-type adjusted to discharge at a pressure not to exceed fifteen PSI. The safety valves shall be arranged so that they cannot be reset to relieve at a higher pressure than the maximum allowable working pressure of the boiler.

(8)  No safety valve for a steam-heating boiler shall be smaller than three-fourths of an inch except in case the boiler and radiating surfaces are a self-contained unit.


(9)  The safety valve capacity for each steam-heating boiler shall be such

that with the fuel-burning equipment installed the pressure cannot rise more than five pounds above the maximum allowable working pressure.

(10)  Each hot-water boiler shall have not less than one officially rated

pressure relief valve set to relieve at or below the maximum allowable working pressure of the boiler. Each hot-water supply boiler shall have not less than one officially rated relief valve or not less than one officially rated pressure-temperature relief valve of the automatic-reseating type set to relieve at or below the maximum allowable working pressure of the boiler. Relief valves shall be so constructed that they cannot be reset to relieve at a higher pressure than the maximum permitted pressure.

(11)  Seats and discs of safety relief valves shall be of material suitable to

resist corrosion. No materials subject to deterioration or vulcanization when subjected to saturated steam temperature corresponding to capacity test pressure shall be used in any safety relief valve.

(12)  No safety relief valve shall be smaller than three-fourths of an inch nor

larger than four and one-half inches pipe size.

(13)  When the size of the boiler requires a safety relief valve larger than four

and one-half inches in diameter, two or more valves having the required combined capacity shall be used.

(14)  Each steam-heating boiler shall have a steam gauge connected to its

steam space, or to its water column, or to its steam connection. The gauge or connection shall have a siphon or equivalent device which will develop and maintain a water seal that will prevent steam from entering the gauge tube. The connection shall be so arranged that the gauge cannot be shut off from the boiler except by a cock placed in the pipe at the gauge and provided with a tee or lever handle arranged to be parallel to the pipe in which it is located when the cock is open.

(15)  Each hot-water heating boiler or hot-water supply boiler shall have a

pressure or altitude gauge connected to it or to its flow connection in such a manner that it cannot be shut off from the boiler except by a cock with tee or lever handle placed on the pipe near the gauge. The handle of the cock, when the cock is open, shall be parallel to the pipe in which it is located.

(16)  The scale on the dial of the pressure or altitude gauge for a hot-water

heating boiler shall be graduated to not less than one and one-half nor more than three times the maximum allowable working pressure.

(17)  The scale on the dial of a steam-heating boiler gauge shall be graduated

to not less than thirty PSIG nor more than sixty PSIG, and travel of the pointer from zero to thirty PSIG pressure shall be at least three inches.

(18)  In addition to the mandatory requirements for a pressure relief device,

each hot-water heating or hot-water supply boiler shall be fitted with a temperature-actuated control, which will control the rate of combustion to prevent the temperature of the water from rising above two hundred fifty degrees Fahrenheit at or near the boiler outlet. The control shall be constructed so that it cannot be set or reset to permit operation of the firing equipment when the temperature of the water is higher than two hundred degrees Fahrenheit.

(19)  When a pressure-actuated control is used on a steam-heating boiler, it

shall operate to prevent the steam pressure from rising above fifteen PSIG.

(20)  Each automatically fired steam or vapor-system heating boiler shall be

equipped with an automatic low-water fuel cutoff, so located as to automatically cut off fuel supply when the surface of the water falls to the lowest safe water line.

(21)  Each steam-heating boiler shall have one or more water-gauge glasses

attached to the water column or boiler by means of valved fittings with the lower fitting provided with a drain valve of the straightway type with opening not less than one-fourth inch diameter to facilitate cleaning. Gauge-glass replacement shall be possible under pressure.

(22)  If, in the judgment of an inspector, a steam-heating or hot-water supply

boiler is unsafe for operation at the pressure previously approved, the pressure shall be reduced, proper repair made, or the boiler retired from service.

Source: L. 71: R&RE, p. 283, � 1. C.R.S. 1963: � 17-3-18.

ARTICLE 5

Standards for Accessible Housing

Editor's note: This article was amended with relocations in 2003, resulting in

the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)