C.R.S. § 25-2-112 — CO Code / Title 25 / Article 2 / Section 25-2-112
25-2-112. Certificates of birth - filing - establishment of parentage - notice to collegei
Status: repealed

25-2-112. Certificates of birth - filing - establishment of parentage - notice to collegeinvest. (1) A certificate of birth for each live birth which occurs in this state shall be filed with the state registrar or as otherwise directed by the state registrar within ten days after such birth and shall be registered if it has been completed and filed in accordance with this section. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in Colorado, the birth shall be registered in Colorado, and the place where the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international air space or in a foreign country or its air space and the child is first removed from the conveyance in Colorado, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. Either of the parents of the child shall verify the accuracy of the personal data entered thereon in time to permit its filing within such ten-day period.

(2) When a birth occurs in an institution, or upon order of any court with proper jurisdiction, the person in charge of the institution or such person's designated representative shall obtain the personal data, prepare the certificate, certify the authenticity of the birth registration either by signature or by an approved electronic process, and file it with the state registrar or as otherwise directed by the state registrar within the required ten days; the physician in attendance shall provide the medical information required by the certificate within five days after the birth. When the birth occurs outside an institution, the certificate shall be prepared and filed by the physician in attendance at or immediately after the birth, or in the absence of such a physician by any person witnessing the birth, or in the absence of any such witness by the father or mother, or in the absence of the father and the inability of the mother by the person in charge of the premises where the birth occurred. The person who completes and files the certificate shall also be responsible for obtaining the social security account numbers of the parents and delivering those numbers to the state registrar along with the certificate.

(2.5) Repealed.

(2.7) For the purposes of a birth registration, the mother is deemed to be the woman who has given birth to the child, unless otherwise provided by law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (3) of this section.

(3) (a) If the mother was married either at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless:

(I) Paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as so determined shall be entered; or

(II) The mother and the mother's husband execute joint or separate forms prescribed and furnished by the state registrar reflecting the mother's and the husband's signatures individually witnessed and attesting that the husband is not the father of the child, in which case, information about the father shall be omitted from the certificate; or

(III) The mother executes a form prescribed and furnished by the state registrar attesting that the husband is not the father and that the putative father is the father, the putative father executes a form prescribed and furnished by the state registrar attesting that he is the father, and the husband executes a form prescribed and furnished by the state registrar attesting that he is not the father. Such forms may be joint or individual or a combination thereof, and each signature shall be individually witnessed. In such event, the putative father shall be shown as the father on the certificate.

(IV) A court of competent jurisdiction has determined the husband is not the presumed father and the putative father executes a form prescribed and furnished by the state registrar which is individually witnessed attesting that he is the father and the mother executes a form prescribed and furnished by the state registrar which is individually witnessed that the putative father is the father. In such event the putative father shall be shown as the father on the birth certificate.

(b) If the mother was not married at the time of conception or birth, the name of the father shall be entered if, but only if, the mother and the person to be named as the father so request in writing on a form prescribed and furnished by the state registrar or if paternity has been determined by a court of competent jurisdiction, in which case the name of the father as so determined shall be entered.

(c) For purposes of acknowledging paternity, the form prescribed and furnished by the state registrar shall contain the minimum requirements specified by the secretary of the federal department of health and human services.

(3.5) Upon the birth of a child to an unmarried person in an institution, the person in charge of the institution or that person's designated representative shall provide an opportunity for the person who gave birth and the person seeking to acknowledge parentage pursuant to section 19-4-105 to complete a written acknowledgment of parentage on the form prescribed and furnished by the state registrar.

(4) Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar within ten days to the state registrar or as otherwise directed by the state registrar such information as the state registrar shall require, which report shall constitute the certificate of birth for the infant. The place where the child was found shall be entered as the place of birth, and the date of birth shall be determined by approximation. If the child is identified and a certificate of birth is found or obtained, any report registered under this section shall be sealed and filed and, except as provided in section 25-2-113.5, may be opened only by order of a court of competent jurisdiction or as provided by regulation.

(5) and (6) (Deleted by amendment, L. 93, p. 952, § 1, effective September 1, 1993.)

(7) The state registrar shall revise the birth certificate worksheet form used for the preparation of a certificate of live birth to include:

(a) A statement that knowingly and intentionally misrepresenting material information on the worksheet form used for the preparation of a birth certificate is a petty offense;

(b) A requirement to report whether the live birth occurred after a transfer to a hospital by a direct-entry midwife registered pursuant to article 225 of title 12; and

(c) A place to report where the pregnant person intended to give birth at the onset of the person's labor.

(8) On or before February 15, 2020, and on or before the fifteenth day of each month thereafter, the state registrar shall provide to the director of collegeinvest the name of each eligible child, as defined in section 23.3-1-306.5 (2)(a.7), born or adopted during the prior calendar month, the date and location of the birth or adoption, and the name and mailing address of the parent or parents, as defined in section 23-3.1-306.5 (2)(g), of the eligible child listed on the eligible child's certificate of birth or the report of adoption forwarded to the state registrar as required by section 25-2-107 (1).
C.R.S. § 25-15-208 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-208
25-15-208. Commission to promulgate rules and regulations - limitations
Status: in_force

25-15-208. Commission to promulgate rules and regulations - limitations. (1) The commission may promulgate rules and regulations establishing criteria for the engineering design of hazardous waste disposal sites and for the location of such sites to the extent that site characteristics are integrally related to the safe engineering design of such sites. Such rules and regulations shall take into account at least the following: Protection of surface and subsurface waters, suitable physical characteristics, distance from waste generation centers, access routes, distance from water wells, and final closure.

(2) The commission may also promulgate rules and regulations establishing what constitutes a substantial change in ownership, design, or operation of a hazardous waste disposal site under section 25-15-206.

(3) The rules and regulations promulgated by the commission pursuant to this section shall be based upon generally accepted scientific data.
C.R.S. § 25-3.5-310 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-310
25-3.5-310. Secure transportation - issuance of licenses and permits - term - requirements
Status: in_force

25-3.5-310. Secure transportation - issuance of licenses and permits - term - requirements. (1) (a) After receipt of an original application for a license to provide public or private secure transportation services, the board of county commissioners of the county in which the secure transportation service is based shall review the application, the applicant's record, and the applicant's equipment, as well as the applicant's training and operating procedures. In order to be approved for a license, the applicant must provide evidence that the applicant's equipment and training and operating procedures meet or exceed the minimum requirements established by the state board of health pursuant to section 25-3.5-311. The board of county commissioners of any county may impose, by resolution, additional requirements for secure transportation that is based in that county.

(b) If an applicant is approved pursuant to subsection (1)(a) of this section, the board of county commissioners of the county in which the secure transportation service is based shall issue a license, valid for three years, to the applicant to provide secure transportation services. The board of county commissioners of the county in which the secure transportation service is based shall also issue a permit, valid for twelve months after the date of issuance, for each vehicle used by the licensee if the vehicles and equipment meet or exceed the minimum requirements established by the state board of health pursuant to section 25-3.5-311.

(2) Any license or permit issued pursuant to this section, unless revoked by the board of county commissioners of the county in which the secure transportation service is based, may be renewed by filing an application, as applicable for an original license or permit. Applications for permit renewal must be filed annually, but not less than thirty days before the date the permit expires.

(3) A licensee or permit holder shall not sell, assign, or otherwise transfer a license or permit issued pursuant to this section.
C.R.S. § 25-7-507.5 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-507.5
25-7-507.5. Renewal of certificates - rules - recertification
Status: in_force

25-7-507.5. Renewal of certificates - rules - recertification. (1) Any certificate issued pursuant to this part 5 that has lapsed shall be deemed to have expired.

(2) (a) A certificate issued pursuant to this part 5 may be renewed prior to expiration upon payment of a renewal fee set by the commission.

(b) Renewal of a certificate may be made for a period not to exceed five years as established in rules promulgated by the commission.

(3) An individual may reinstate an expired certificate within one year after such expiration upon payment of a reinstatement fee in an amount set by the commission.

(4) An individual whose certificate has lapsed for a period longer than one year after expiration shall apply to the division for certification as required by this part 5 and shall not be recertified until the division determines that such individual has fully complied with the requirements of this part 5 and any rules promulgated pursuant thereto.

(5) (a) Any individual whose certificate has lapsed because such individual has not completed the refresher course required pursuant to section 25-7-503 (1)(f) may complete such refresher course within one year after the date the certificate lapses.

(b) Completion of the refresher course shall be a requirement for recertification.

(c) (I) The commission shall promulgate rules governing refresher training programs for persons who conduct asbestos abatement activities. Such programs shall not exceed the requirements of refresher training mandated under the federal "Asbestos Hazard Emergency Response Act of 1986", Public Law 99-519, codified at 15 U.S.C. sec. 2641 et seq., as amended, and any rules promulgated pursuant to such federal law.

(II) In adopting rules the commission shall ensure that refresher training requirements are related to ensuring continuing competency in asbestos abatement procedures.

(III) The division shall implement a system of testing to measure the knowledge obtained by certified persons attending the refresher training programs. Such testing shall not exceed the requirements of refresher training mandated pursuant to federal law.
C.R.S. § 25-8-311 — CO Code / Title 25 / Article 8 / Part 3 / Section 25-8-311
25-8-311. Water quality green infrastructure - feasibility studies - pilot projects - divi
Status: repealed

25-8-311. Water quality green infrastructure - feasibility studies - pilot projects - division collaboration with universities - legislative declaration - definitions - reports - gifts, grants, or donations - repeal. (1) (a) The general assembly finds and determines that green infrastructure may provide significant benefits to water and wastewater providers and water users in Colorado by:

(I) Supporting cost-effective, holistic solutions for the attainment of water quality standards;

(II) In furtherance of the Colorado pollutant trading policy, helping owners and operators of water and wastewater treatment facilities meet state and federal water quality standards without having to invest in gray infrastructure upgrades; and

(III) To finance the monitoring, management, conservation, and water quality improvement of both surface and groundwater in the state, connecting operators of water and wastewater treatment facilities with new, climate-focused sources of financing and capital, including carbon credits and wildfire mitigation investments.

(b) The general assembly declares that:

(I) The university of Colorado and Colorado state university should conduct, and the division may advise on, a feasibility study regarding the use of green infrastructure and develop pilot projects to demonstrate green infrastructure in Colorado; and

(II) Nothing in this section shall be construed to authorize or encourage speculation in the development of a water right, as defined in section 37-92-103 (12), or any violation of:

(A) The "Water Right Determination and Administration Act of 1969", article 92 of title 37;

(B) A court decree establishing water rights or conditional water rights pursuant to section 37-92-301;

(C) A well permit for use of underground water, as defined in section 37-92-103 (11), issued pursuant to article 90 of title 37;

(D) A substitute water supply plan approved pursuant to section 37-92-308; or

(E) An interruptible water supply agreement approved pursuant to section 37-92-309.

(2) As used in this section, unless the context otherwise requires:

(a) "Alternative compliance program" means a program established to comply with state and federal water quality standards through the use of green infrastructure.

(b) "Colorado pollutant trading policy" means the "Colorado Pollutant Trading Policy" published by the division in October 2004.

(c) "Federal water quality trading policy" means the United States environmental protection agency's "Water Quality Trading Policy" published in 2003.

(d) "Gray infrastructure" means traditional, centralized water quality treatment facilities, such as wastewater treatment facilities or drinking water treatment plants.

(e) "Green infrastructure" means a strategically planned, managed, and interconnected network of green spaces, such as conserved natural areas and features, public and private conservation lands, and private working lands with conservation value.

(3) (a) On or before October 1, 2024, the university of Colorado and Colorado state university, in collaboration with the division, shall start to conduct a feasibility study regarding the use of green infrastructure in the state. The feasibility study must include a determination of whether and how:

(I) Green infrastructure, rather than traditional gray infrastructure, may be used in an alternative compliance program using mechanisms described in the Colorado pollutant trading policy and the federal water quality trading policy;

(II) New sources of funding through environment-focused mechanisms, such as green bonds, mitigation banking, climate finance, and carbon credits, may:

(A) Reduce costs associated with complying with state and federal water quality standards; and

(B) Provide funding for green infrastructure projects prior to the issuance of a water quality permit;

(III) An alternative compliance program may be aligned with other state and community interests including wildfire mitigation; and

(IV) The use of alternative compliance programs would reduce costs for the department of public health and environment, municipalities, and other water and wastewater providers in the state in comparison to using gray infrastructure to comply with state and federal water quality standards.

(b) (I) The universities shall complete, and the division may advise on, the feasibility study on or before April 1, 2026. With consideration given to the findings of the feasibility study, the universities, with the approval of the division, shall establish up to three pilot projects in the state to demonstrate the:

(A) Use of green infrastructure in an alternative compliance program; and

(B) Financing of an alternative compliance program with one or more sources of funding listed in subsection (3)(a)(II) of this section.

(II) A pilot project established pursuant to this subsection (3)(b) may be operated for up to five years. The universities may provide technical assistance to the operator of a pilot project that the division approves under this subsection (3)(b), and the universities shall recommend for the division's approval the design, size, and monitoring requirements for each pilot project.

(c) On or before November 1, 2026, the division, in coordination with the entities listed in subsection (3)(a) of this section, shall submit a report and, on or before February 1, 2027, make a presentation summarizing the progress on the feasibility study and any pilot projects to the water resources and agriculture review committee created in section 37-98-102 (1)(a)(I). The committee may request similar reports and presentations be made in any year after 2027 in which the feasibility study or a pilot project is being conducted pursuant to this subsection (3).

(d) The report must include:

(I) Any conclusions of the division, in coordination with the entities listed in subsection (3)(a) of this section, regarding the potential success of alternative compliance programs or funding sources listed in subsection (3)(a)(II) of this section; and

(II) Any recommendations for legislative or administrative action needed to promote the use of alternative compliance programs or the funding sources listed in subsection (3)(a)(II) of this section.

(4) In developing the feasibility study pursuant to subsection (3)(a) of this section, any pilot projects pursuant to subsection (3)(b) of this section, and any legislative or administrative recommendations pursuant to subsection (3)(d)(II) of this section, the entities listed in subsection (3)(a) of this section must take into account:

(a) The Colorado pollutant trading policy;

(b) The federal water quality trading policy; and

(c) The prior appropriation system established in sections 5 and 6 of article XVI of the state constitution and the "Water Right Determination and Administration Act of 1969", article 92 of title 37.

(5) (a) The universities listed in subsection (3)(a) of this section may use their existing resources to help finance the feasibility study and the pilot projects.

(b) The department of public health and environment or any entity listed in subsection (3)(a) of this section may seek, accept, and expend gifts, grants, or donations for the implementation of this section.

(6) This section is repealed, effective September 1, 2032.
C.R.S. § 25-8-405 — CO Code / Title 25 / Article 8 / Part 4 / Section 25-8-405
25-8-405. Samples - secret processes
Status: in_force

25-8-405. Samples - secret processes. (1) If samples of water or water pollutants are taken for analysis, the person believed to be responsible for any suspected violation or who is or will be subject to any remedial action shall be notified immediately of the collection of the samples and a representative portion of the sample shall be furnished immediately upon request to said person. A representative portion of such sample shall be furnished to any suspected violator whenever any remedial action is taken with respect thereto by the division. A duplicate of every analytical report pertaining to such sample shall also be furnished as soon as practicable to such person. Any request for a sample split shall be made within six months of the notification of the collection of samples.

(2) Any information relating to any secret process, method of manufacture or production, or sales or marketing data which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the commission or the division, but shall be kept confidential. Any person seeking to invoke the protection of this subsection (2) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data.
C.R.S. § 25-4-505 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-505
25-4-505. Laboratories to report
Status: in_force

25-4-505. Laboratories to report. (Deleted by amendment)
C.R.S. § 25-17-602 — CO Code / Title 25 / Article 17 / Part 6 / Section 25-17-602
25-17-602. Circular economy development center - creation - administration - reports - repe
Status: repealed

25-17-602. Circular economy development center - creation - administration - reports - repeal. (1) Creation. The circular economy development center is hereby created in the department. The purpose of the center is to grow existing markets, create new markets, and provide necessary infrastructure, systems, logistics, and marketing to create a sustainable circular economy for recycled commodities and compost in Colorado. The primary activities of the center are:

(a) Connecting end markets to existing state grants and incentives;

(b) Working with processors and manufacturers in the state to increase the use of recycled content inputs;

(c) Supporting waste reduction and reuse within systems that advance circularity goals;

(d) Marketing Colorado recycled materials and recruiting out-of-state recycling end markets, including manufacturers, to Colorado;

(e) Facilitating connections among recyclers, waste haulers, processors, manufacturers, transporters, municipalities, investors, higher education, and other entities;

(f) Supporting end-market-related businesses as those businesses look to scale or grow; and

(g) Evaluating Colorado's recycling end markets and supply chains.

(2) Administration. (a) On or before July 1, 2023, subject to available appropriations, the department shall contract with a third-party administrator to operate the center.

(b) In soliciting for a third-party administrator of the center, the department shall require applicants to submit a proposed work plan for the center, which work plan, at a minimum, outlines goals, strategies, activities, deliverables, and expected outcomes.

(c) The administrator shall update the work plan described in subsection (2)(b) of this section annually, and the department shall approve or disapprove the work plan. In submitting an updated work plan pursuant to this subsection (2)(c), the administrator shall include in the updated work plan recommended actions for developing markets for commodities comprising a significant percentage of the waste stream and having potential for use as an industrial or commercial feedstock.

(d) In administering the center, the administrator:

(I) Shall seek and consider the input of:

(A) The department;

(B) The office of economic development created in section 24-48.5-101;

(C) Representatives from the public and private sectors engaged in waste diversion or economic development activities on the western slope, in the mountains, on the front range, and in eastern and southeastern Colorado; and

(D) To the extent practicable, representatives of nonprofit organizations and institutions of higher education; and

(II) May seek and solicit on behalf of the center gifts, grants, and donations to pay for the functions of the center, as described in subsection (6) of this section.

(3) Web page. The center shall maintain a public web page.

(4) Reports. (a) (I) The center shall conduct a statewide end-market gap analysis and opportunity assessment and submit a final report of the analysis and assessment to the department by August 1, 2024.

(II) This subsection (4)(a) is repealed, effective July 1, 2025.

(b) (I) Beginning September 1, 2023, and on or before each September 1 thereafter, the center shall submit a report to the department describing the progress of the center. The report must include the following information from the preceding state fiscal year:

(A) A summary of activities completed by the center;

(B) The results achieved and progress made by the center on its approved work plan and progress in achieving its objective of completing circular economies for materials in the state; and

(C) A summary of activities and opportunities that the center plans to address in the future.

(II) The department shall include the report described in subsection (4)(b)(I) of this section in its annual presentation to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(5) Costs. The direct and indirect costs associated with the department's oversight and the administrator's operation of the center shall be paid by money appropriated to the department from:

(a) The Colorado circular communities cash fund, pursuant to section 25-16.5-109 (4); and

(b) (I) Through September 30, 2025, the recycling resources economic opportunity fund, pursuant to section 25-16.5-104 (2).

(II) This subsection (5)(b) is repealed, effective October 1, 2025.

(6) Gifts, grants, and donations. The center may seek, solicit, accept, and expend gifts, grants, and donations from public and private sources for the purposes of this part 6.
C.R.S. § 25-20.5-409 — CO Code / Title 25 / Article 20.5 / Part 4 / Section 25-20.5-409
25-20.5-409. Administration - funding - cash fund
Status: in_force

25-20.5-409. Administration - funding - cash fund. (1) To the extent moneys are available, the state review team and the local or regional review teams may hire staff or consultants to assist them in completing their duties.

(2) Staff and consultants of the state review team or the local or regional review teams shall receive reimbursement for travel and expenses to offset the costs incurred in fulfilling their duties, which shall be paid from moneys appropriated to implement this part 4 and within the limits of those moneys.

(3) The division of prevention services in the department of public health and environment, on behalf of the state review team, is authorized to receive contributions, grants, services, and donations from any public or private entity for any direct or indirect costs associated with the duties of the state review team set forth in this part 4.

(4) All private and public funds received by the state review team through grants, contributions, and donations pursuant to this part 4 shall be transmitted to the state treasurer, who shall credit the same to the child fatality prevention cash fund, which fund is hereby created and referred to in this section as the "fund". 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 this part 4. All moneys in the fund not expended for the purpose of this part 4 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.
C.R.S. § 25-5.5-207 — CO Code / Title 25 / Article 5.5 / Part 2 / Section 25-5.5-207
25-5.5-207. Subpoena of defendant
Status: in_force

25-5.5-207. Subpoena of defendant. Any defendant, in an action brought under the provisions of section 25-5.5-205, may be required to testify under a subpoena duly issued or in pursuance of the Colorado rules of civil procedure; and the books and records of any such defendant may be brought into court and introduced into evidence; but no information so obtained may be used against the defendant as the basis for a misdemeanor prosecution under the provisions of this part 2.
C.R.S. § 25-40-101 — CO Code / Title 25 / Article 40 / Section 25-40-101
25-40-101. Short title
Status: in_force

25-40-101. Short title. This article shall be known and may be cited as the "Colorado Cures Act".
C.R.S. § 25-1.5-304 — CO Code / Title 25 / Article 1.5 / Part 3 / Section 25-1.5-304
25-1.5-304. Repeal of part
Status: repealed

25-1.5-304. Repeal of part. (Repealed)
C.R.S. § 25-5-427 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-427
25-5-427. Classes of hemp-derived compounds and cannabinoids - definitions - registration
Status: repealed

25-5-427. Classes of hemp-derived compounds and cannabinoids - definitions - registration required - prohibitions - safe harbor - rules - repeal. (1) Legislative declaration. The general assembly finds, determines, and declares that the registration of hemp product and safe harbor hemp product manufacturers and the regulation of premises and places where hemp products and safe harbor hemp products are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution in accordance with this part 4 and any rules promulgated under this part 4:

(a) Are necessary to protect the public health;

(b) Will benefit consumers by ensuring that hemp products are sold and distributed by safe sources;

(c) Will assist retailers by ensuring that hemp products have not been adulterated during manufacturing, production, packaging, processing, preparing, treating, transporting, and storage; and

(d) Will contribute to the economic health of the state by ensuring that Colorado hemp product and safe harbor hemp product manufacturers are permitted to ship their products in interstate commerce.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Dietary supplement" has the meaning set forth in section 25-5-426 (2)(d).

(b) "Hemp" has the meaning set forth in section 35-61-101 (7).

(c) "Hemp manufacturer or storage facility" means a facility where hemp products are manufactured or stored.

(d) "Hemp product" means a finished product that contains hemp and that:

(I) Is a cosmetic, a dietary supplement, a food, a food additive, or an herb;

(II) Is intended for human use or consumption;

(III) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, or resins;

(IV) Is produced from hemp;

(V) Contains no more than one and three-fourths milligrams of THC per serving; and

(VI) Contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one.

(e) "Intoxicating cannabinoid" means a cannabinoid that is classified as an intoxicating cannabinoid in this section or by rule of the department acting in coordination with the state licensing authority, in accordance with subsections (4)(g) and (4)(h) of this section.

(f) "Manufacturing or processing", "manufacturing", "manufacture", "process", or "processing" has the same meaning as "manufacturing or processing", as set forth in section 25-5-426 (2)(h).

(g) "Nonintoxicating cannabinoid" means a cannabinoid that is classified as a nonintoxicating cannabinoid in this section or by rule of the department acting in coordination with the state licensing authority, in accordance with subsections (4)(g) and (4)(h) of this section.

(h) "Physical separation" means segregation of the operations of a regulated hemp facility, including:

(I) The physical separation of hemp products and safe harbor hemp products during manufacture, production, storage, and distribution; and

(II) The use of separate equipment for the manufacture or production of hemp products and safe harbor hemp products.

(i) "Potentially intoxicating cannabinoid" has the meaning set forth in section 44-10-103 (48.5).

(j) "Registrant" means a person registered under subsection (5) of this section.

(k) "Regulated hemp facility" means:

(I) A hemp manufacturer or storage facility; or

(II) A safe harbor manufacturer or storage facility.

(l) "Safe harbor hemp product" means a hemp-derived compound or cannabinoid, whether a finished product or in the process of being produced, that is permitted to be manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution in Colorado for export from Colorado but that is not permitted to be sold or distributed in Colorado.

(m) "Safe harbor manufacturer or storage facility" or "safe harbor facility" means a facility that manufactures for distribution, produces for distribution, packages for distribution, processes for distribution, prepares for distribution, treats for distribution, transports for distribution, or holds for distribution a safe harbor hemp product.

(n) "Semi-synthetic cannabinoid" has the meaning set forth in section 44-10-209 (2)(b).

(o) "Serving" means the size or portion customarily consumed per eating occasion, expressed in a common household measure as established in table 2 of 21 CFR 101.12.

(p) "State licensing authority" has the meaning set forth in section 44-10-103 (69).

(q) "Synthetic cannabinoid" has the meaning set forth in section 44-10-209 (2)(c).

(r) "Tetrahydrocannabinol" or "THC" has the meaning set forth in section 44-10-209 (2)(d).

(s) "Tincture" means a liquid hemp product that is packaged in a container of four fluid ounces or less, that is not a beverage or intended for drinking, and that consists of a solution:

(I) Containing at least twenty-five percent nondenatured alcohol or a base of glycerin or plant-based oil;

(II) Containing hemp, hemp concentrate, or hemp extract; and

(III) Intended for human use.

(3) Powers and duties of the department - rules. The department has the power and duty to:

(a) Grant or deny a registration issued under subsection (5) of this section and to grant or deny the annual renewal of a registration;

(b) Suspend, deny, or revoke a registration under circumstances prescribed in this section or in rules promulgated under this section;

(c) Review any records of a registrant that manufactures for distribution, produces for distribution, packages for distribution, processes for distribution, prepares for distribution, treats for distribution, transports for distribution, or holds for distribution products subject to this section as necessary to verify compliance with this section;

(d) Promulgate rules necessary to authorize or prohibit chemical modification, conversion, or synthetic derivation of cannabinoids or other hemp-derived compounds, unless otherwise permitted by this part 4 or by any rules promulgated under this part 4;

(e) (I) Promulgate rules, in coordination with the state licensing authority, establishing the amount of any cannabinoid that makes the cannabinoid intoxicating;

(II) Promulgate rules implementing subsection (8) of this section;

(III) If necessary, promulgate rules creating a process to prevent cross contamination between hemp products and safe harbor hemp products and specifying a set of requirements for:

(A) The co-location of the manufacture of, production of, storage of, and distribution of hemp products and safe harbor hemp products; and

(B) The use of the same equipment for the production of safe harbor hemp products and hemp products;

(IV) Promulgate rules prohibiting the export of a safe harbor hemp product to a state where the safe harbor hemp product is prohibited by state statute; and

(V) Promulgate rules prohibiting the manufacture, production, or distribution of a safe harbor hemp product that is also a synthetic cannabinoid;

(f) Promulgate rules governing testing and labeling, as provided in subsections (4)(c)(II) and (4)(d)(III) of this section. In promulgating the labeling for hemp products, the department shall consider:

(I) The labeling rules promulgated by the state licensing authority governing products with THC;

(II) How best to inform consumers of the ratio of cannabidiol to THC, including a differentiation between product labels based on the ratio of CBD to THC; and

(III) Information on potential health effects of using hemp products and requirements for consumer notice as required in subsection (4)(f) of this section.

(g) Promulgate rules authorizing, prohibiting, or regulating hemp-derived ingredients in hemp products that are compounds other than cannabinoids;

(h) Promulgate any other rules that are necessary for the fair, impartial, and comprehensive administration of this part 4 with respect to hemp, hemp products, or safe harbor hemp products; and

(i) Issue a cease-and-desist order or clean-up order to address violations of this section.

(4) Classifications of hemp-derived compounds and cannabinoids - rules. (a) Hemp-derived compounds and cannabinoids are divided into three classifications:

(I) Nonintoxicating cannabinoids;

(II) Potentially intoxicating cannabinoids; and

(III) Intoxicating cannabinoids.

(b) (I) Nonintoxicating cannabinoids include:

(A) Full spectrum hemp extract that contains no more than one and three-fourths milligrams of THC per serving and contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one;

(B) Broad spectrum hemp extract;

(C) Cannabidiol, also known as "CBD";

(D) Tetrahydrocannabivarin, also known as "THCV";

(E) Cannabichromene, also known as "CBC";

(F) Cannabicitran, also known as "CBT";

(G) Cannabicyclol, also known as "CBL";

(H) Cannabielsoin, also known as "CBE";

(I) Cannabigerol, also known as "CBG";

(J) Cannabidivarin, also known as "CBDV"; and

(K) Cannabinol, also known as "CBN".

(II) Nonintoxicating cannabinoids that are derived from hemp may be used as an ingredient in a hemp product or as a finished hemp product in accordance with this section and the rules promulgated under this part 4 or in accordance with article 10 of title 44 and the rules promulgated under article 10 of title 44.

(c) (I) A person shall not:

(A) Manufacture, produce, or distribute a potentially intoxicating cannabinoid within Colorado, as an ingredient in a hemp product or as a finished hemp product, unless the potentially intoxicating cannabinoid is a safe harbor hemp product that is exported from Colorado; or

(B) Market or promote a hemp product as containing THC or any other potentially intoxicating cannabinoid.

(II) A person that manufactures, produces, or distributes a product containing a potentially intoxicating cannabinoid shall label the product in accordance with the rules promulgated under this section.

(d) (I) Intoxicating cannabinoids include the following in an amount that exceeds the amount established by rule or, if no rule establishes the amount, in any amount:

(A) Delta-10 THC and its isomers;

(B) Delta-9 THC and its isomers;

(C) Delta-8 THC and its isomers;

(D) Delta-7 THC and its isomers;

(E) Delta-6a, 10a THC and its isomers;

(F) Exo-tetrahydrocannabinol;

(G) Metabolites of THC, including 11-hydroxy-THC, 3-hydroxy-THC, or 7-hydroxy-THC;

(H) Hydrogenated forms of THC, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol;

(I) Synthetic forms of THC, including dronabinol;

(J) Ester forms of THC, including delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate;

(K) Tetrahydrocannabivarins, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin;

(L) Analogues of tetrahydrocannabinols with an alkyl chain of four or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols; and

(M) Any combination of the compounds, including hexahydrocannabiphorol-O-ester, listed in this subsection (4)(d)(I).

(II) A person shall not:

(A) Manufacture, produce, or distribute an intoxicating cannabinoid within Colorado, as an ingredient in a hemp product or as a finished hemp product, unless the intoxicating cannabinoid is a safe harbor hemp product that is exported from Colorado; or

(B) Market or promote a safe harbor hemp product or hemp product as containing THC or any other intoxicating cannabinoid.

(III) A person that manufactures, produces, or distributes a product containing an intoxicating cannabinoid shall label the product in accordance with the rules promulgated under this section.

(e) (I) A person shall not manufacture, produce, sell, or offer to sell a synthetic cannabinoid or a product containing a synthetic cannabinoid unless authorized by rule. If synthetic cannabinoids are permitted by rule, the department, in coordination with the state licensing authority, shall promulgate rules providing standards and requirements for the manufacture and production of synthetic cannabinoids in Colorado. The rules must include a labeling requirement for any hemp-derived product manufactured or produced in Colorado that contains a semi-synthetic or synthetic cannabinoid as an ingredient.

(II) To be sold, offered for sale, or distributed, semi-synthetic cannabinoids must meet production, testing, and labeling requirements established in rules promulgated by the department under section 25-5-420 and subsection (4)(e)(I) of this section.

(f) The department shall promulgate rules requiring a consumer notice statement if any hemp-derived products that are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution in this state contain intoxicating cannabinoids or potentially intoxicating cannabinoids.

(g) The department, in coordination with the state licensing authority, may promulgate rules to:

(I) Classify a hemp-derived compound or cannabinoid that is not classified in this subsection (4);

(II) Reclassify a hemp-derived compound or cannabinoid classified in this subsection (4) if:

(A) The state has adopted or federal law has established a process to review and approve hemp-derived compounds or cannabinoids;

(B) The review and approval process described in subsection (4)(g)(II)(A) of this section evaluates the intoxicating potential of the hemp-derived compound or cannabinoid; and

(C) The reclassification is based on the findings of the process and evaluation described in subsections (4)(g)(II)(A) and (4)(g)(II)(B) of this section.

(h) To reclassify a hemp-derived compound or cannabinoid, under subsection (4)(g) of this section, the reclassification must:

(I) Be supported by peer-reviewed research or clinical trials establishing to a reasonable degree of scientific certainty that the hemp-derived compound or cannabinoid or a product containing a hemp-derived compound or cannabinoid should be reclassified; or

(II) Be based on a threat to human health, including substantial reports of intoxication or adverse health event reports.

(5) Registration required - regulated hemp facilities - application - fees - repeal. (a) Beginning July 1, 2023, and on or before July 1 of each year thereafter, the owner of a regulated hemp facility shall submit a registration application to the department. To submit an application, each hemp manufacturer or storage facility and each safe harbor manufacturer or storage facility must pay an annual application fee of one hundred dollars plus any additional registration fee specified in subsection (5)(b) of this section. Each registration expires on June 30 of the year for which the registration is issued, regardless of whether the registration was issued after July 1 for the year. Notwithstanding that a registration is valid for only a portion of a fiscal year, the application and registration fee do not change.

(b) In addition to the application fee imposed in subsection (5)(a) of this section, the annual registration fee for a regulated hemp facility is one thousand five hundred dollars.

(c) (I) To be registered under subsection (5)(a) of this section, a safe harbor manufacturer or storage facility must demonstrate compliance with the federal current good manufacturing practices for food or dietary supplements before registering or within twelve months after the previous registration by submitting to the department:

(A) An attestation form, as provided by the department, within thirty days after June 7, 2023, and each year thereafter; and

(B) Evidence of obtaining an inspection from an approved third-party auditor by July 1, 2024, and by July 1 of each year thereafter.

(II) The department shall not register a person as a safe harbor manufacturer or storage facility under this subsection (5) if the person is registered as a hemp manufacturer or storage facility or as a wholesale food manufacturing and storage facility, unless each safe harbor hemp product:

(A) Is physically separated from hemp products during the manufacture of, production of, storage of, and distribution of the safe harbor hemp product;

(B) Is manufactured, produced, stored, and distributed in accordance with procedures that are approved by the department and that ensure no cross contamination between hemp products and safe harbor hemp products; or

(C) Is manufactured, produced, stored, and distributed in accordance with rules of the department promulgated in accordance with subsection (3)(e)(III) of this section.

(III) To be exported for sale or distribution, each safe harbor hemp product must be tested and labeled in accordance with rules promulgated under section 25-5-420 and subsection (4)(e) of this section.

(d) A registration issued under this subsection (5) is subject to suspension or revocation, in accordance with article 4 of title 24, if the registrant violates this part 4 or rules promulgated under this part 4.

(e) A registrant who violates this section is subject to the civil penalties established in subsection (9) of this section.

(f) (I) A regulated hemp facility may continue manufacturing, producing, and distributing hemp products and safe harbor hemp products until the department promulgates rules implementing this subsection (5) if the regulated hemp facility complies with the currently applicable statutes and rules.

(II) This subsection (5)(f) is repealed, effective July 1, 2025.

(6) Hemp products not adulterated. A product containing hemp produced by a registrant is not deemed adulterated, as defined in sections 25-5-410 and 25-5-416, unless the product meets one or more of the criteria for adulteration set forth in section 25-5-410 or 25-5-416.

(7) Fees deposited in fund. The department shall transmit fees collected in accordance with subsection (5) of this section to the state treasurer, who shall credit the fees to the wholesale food manufacturing and storage protection cash fund established in section 25-5-426 (5).

(8) Offenses. It is unlawful to engage in or knowingly cause a person to engage in any of the following acts:

(a) Manufacturing, selling, or delivering or holding or offering for sale any products containing hemp and intoxicating cannabinoids or potentially intoxicating cannabinoids in excess of limits established by rules promulgated under subsection (3)(e) of this section or section 25-5-420;

(b) Manufacturing a product containing hemp that is not a cosmetic, a dietary supplement, a food, a food additive, or an herb;

(c) Manufacturing, producing, selling, distributing, or holding for sale or distribution a hemp product without registering with the department under this section;

(d) Manufacturing, producing, selling, distributing, or holding for sale or distribution a safe harbor hemp product without registering with the department under this section;

(e) (I) Selling a hemp product to an individual who is under twenty-one years of age if the hemp product:

(A) Has more than one and one-fourth milligrams of THC per serving; or

(B) Has a ratio of cannabidiol to THC of less than twenty to one.

(II) This subsection (8)(e) does not apply to:

(A) Products with no THC;

(B) Tinctures;

(C) Cosmetics; or

(D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.

(f) (I) Selling a hemp product in a package with more than five servings if the hemp product:

(A) Has more than one and one-fourth milligrams of THC per serving; and

(B) Has a ratio of cannabidiol to THC of less than twenty to one.

(II) This subsection (8)(f) does not apply to:

(A) Products with no THC;

(B) Tinctures;

(C) Cosmetics; or

(D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.

(g) (I) Selling a hemp product in a package with more than thirty servings if the hemp product:

(A) Has more than one and one-fourth milligrams of THC per serving; and

(B) Has a ratio of cannabidiol to THC of twenty to one or more.

(II) This subsection (8)(g) does not apply to:

(A) Products with no THC;

(B) Tinctures;

(C) Cosmetics; or

(D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.

(9) Penalties. A person who violates this section, the rules promulgated under this section, or a final cease-and-desist order or clean-up order under subsection (3)(i) of this section is subject to a civil penalty of not more than ten thousand dollars per day per violation. The department or the court shall transmit each civil penalty collected under this subsection (9) to the state treasurer, who shall credit the penalty to the wholesale food manufacturing and storage protection cash fund established in section 25-5-426 (5). In determining the amount of a civil penalty under this subsection (9), the department or the court shall consider the following factors:

(a) The actual or potential damage from the violation;

(b) The violator's compliance history;

(c) Whether the violation was intentional, reckless, or negligent;

(d) The effect upon or threat posed to the public health or environment as a result of the violation;

(e) The duration of the violation; and

(f) Any economic benefit realized by the violator as a result of the violation.

(10) Inspections and monitoring - rules. (a) For the purpose of enforcement of this section, the department may conduct inspections of regulated hemp facilities in accordance with section 25-5-421.

(b) Unless the department approves, a county, a district created under article 1 of title 32, a municipality, or a city and county shall not perform a food safety inspection at a premises or place where hemp products or safe harbor hemp products are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution.

(c) The department may promulgate rules establishing monitoring requirements for safe harbor hemp products in accordance with good manufacturing practices. The rules may include inventory tracking, surveillance, and record-keeping requirements.
C.R.S. § 25-17-714 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-714
25-17-714. Restriction on fees
Status: in_force

25-17-714. Restriction on fees. A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers to recoup its costs in meeting the obligations of or complying with this part 7.
C.R.S. § 25-2-115 — CO Code / Title 25 / Article 2 / Section 25-2-115
25-2-115. Alteration of reports and certificates - amended reports and certificates
Status: repealed

25-2-115. Alteration of reports and certificates - amended reports and certificates. (1) A vital statistics report or certificate shall not ever be altered in any way except in accordance with this article 2 and applicable rules. Except for amended birth certificates issued pursuant to section 25-2-113.8, the date of alteration and a summary description of the evidence submitted in support of the alteration must be endorsed on or made a part of each vital statistics certificate that is altered. Every vital statistics report or certificate that is altered in any way must be marked "Amended", except for amended birth certificates issued pursuant to section 25-2-113.8; the birth report or certificate of a child altered by the addition of a father's name pursuant to section 25-2-112 (3), in which case, upon request of the parents, the surname of the child shall be changed on the report and certificate to that of the father; or additions and minor corrections made within one year after the date of the statistical event as may be specified by applicable rules. A child's surname may be changed upon affidavit of the parent that the change is being made to conform the child's surname to the parent's legal surname.

(2) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person, or upon the request of his parent, guardian, or legal representative if he is under a legal disability, the original certificate of birth shall be amended to reflect the new name thereon.

(3) In the event the state registrar alters a birth certificate or death certificate, he shall promptly report the amendment to any other custodians of the vital statistics record and their records shall be amended accordingly.

(4) Repealed.

(5) When an applicant does not submit the minimum documentation required in the regulations for amending a vital statistics record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital statistics record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
C.R.S. § 25-19-101 — CO Code / Title 25 / Article 19 / Section 25-19-101
25-19-101. Short title
Status: in_force

25-19-101. Short title. This article shall be known and may be cited as the "Small Community Environmental Flexibility Act".
C.R.S. § 25-7-1107 — CO Code / Title 25 / Article 7 / Part 11 / Section 25-7-1107
25-7-1107. Applicability of article - child-occupied facilities and target housing
Status: in_force

25-7-1107. Applicability of article - child-occupied facilities and target housing. Nothing in this article shall be interpreted to affect any facility or location other than a child-occupied facility or target housing.
C.R.S. § 25-18.5-104 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-104
25-18.5-104. Entry into illegal drug laboratories
Status: in_force

25-18.5-104. Entry into illegal drug laboratories. (1) If a structure or vehicle has been determined to be contaminated or if a governing body or law enforcement agency issues a notice of probable contamination, the owner of the structure or vehicle shall not permit any person to have access to the structure or vehicle unless:

(a) The person is trained or certified to handle contaminated property under board rules or federal law; or

(b) The owner has received certificates of compliance under section 25-18.5-102 (1)(e).
C.R.S. § 25-27.6-108 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-108
25-27.6-108. Behavioral health entity cash fund - created
Status: in_force

25-27.6-108. Behavioral health entity cash fund - created. (1) The behavioral health entity cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money credited to the fund pursuant to section 25-27.6-107. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties pursuant to this article 27.6. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund.

(2) On December 31, 2024, the state treasurer shall transfer all unexpended and unencumbered money in the fund to the behavioral health licensing cash fund created pursuant to section 27-50-506.
C.R.S. § 25-5-312 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-312
25-5-312. Appropriation
Status: repealed

25-5-312. Appropriation. (Repealed)
C.R.S. § 25-54-101 — CO Code / Title 25 / Article 54 / Section 25-54-101
25-54-101. Definitions
Status: in_force

25-54-101. Definitions. As used in this article 54, unless the context otherwise requires:

(1) (a) "Advance health-care directive" means:

(I) A directive concerning medical orders for scope of treatment executed pursuant to article 18.7 of title 15;

(II) A declaration as to medical treatment executed pursuant to section 15-18-104;

(III) A directive relating to cardiopulmonary resuscitation executed pursuant to article 18.6 of title 15;

(IV) A medical durable power of attorney executed pursuant to section 15-14-506; or

(V) Any of the advance health-care directives listed in subsections (1)(a)(I) to (1)(a)(IV) of this section that have been properly executed in another state.

(b) A power of attorney form executed pursuant to section 15-14-741 is not an advance health-care directive for the purposes of this article 54.

(2) "Authorized surrogate decision-maker" means a guardian appointed pursuant to article 14 of title 15, an agent appointed pursuant to a medical durable power of attorney, a proxy decision-maker for medical treatment decisions appointed pursuant to article 18.5 of title 15, or a similarly authorized surrogate, as defined by the laws of another state, who is authorized to make medical decisions for an individual who lacks decisional capacity.

(3) "Department" means the department of public health and environment created and existing pursuant to section 24-1-119.

(4) "Health information organization network" means a Colorado organization that has experience in overseeing and governing the exchange of health-related information among organizations according to Colorado law and nationally recognized standards including but not limited to the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended.

(5) "Individual" means the individual whose medical treatment is the subject of the advance health-care directive.

(6) "Qualified provider" means a person or entity that may use or disclose protected health information for treatment purposes in accordance with guidelines under the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended.
C.R.S. § 25-20.5-104 — CO Code / Title 25 / Article 20.5 / Part 1 / Section 25-20.5-104
25-20.5-104. Functions of division - repeal
Status: repealed

25-20.5-104. Functions of division - repeal. (1) The division has the following functions:

(a) and (b) Repealed.

(c) To act as a liaison with communities throughout the state and assist the communities in their efforts to assess their needs with regard to prevention, intervention, and treatment services and to provide information to assist the communities in obtaining funding for appropriate prevention, intervention, and treatment programs;

(d) To provide technical assistance to communities and to entities that provide prevention, intervention, and treatment services;

(e) To operate the prevention and intervention programs specified in this article and such other prevention and intervention programs as may be created in or transferred to the division by executive order to be funded solely by nonstate moneys, including but not limited to reviewing applications submitted by entities to receive funding through said programs, awarding grants based on such applications, and notifying the state board of health of the grants awarded and the amounts of said grants;

(f) To solicit and accept grants from the federal government and to solicit and accept contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations for the operation of any prevention and intervention programs under the authority of the division;

(g) To periodically review the federal funding guidelines for federal prevention, intervention, and treatment programs and to seek the maximum flexibility in the use of federal money in funding prevention, intervention, and treatment programs;

(h) To seek such federal waivers as may be necessary to allow the division to combine federal moneys available through various federal prevention, intervention, and treatment programs and to combine said moneys with moneys appropriated by the general assembly to fund state prevention, intervention, and treatment programs to allow the greatest flexibility in awarding combined program funding to community-based prevention, intervention, and treatment programs.

(i) Repealed.

(2) In addition to any prevention and intervention programs created in or transferred to the division by executive order and any prevention and intervention programs transferred to the division by the executive director pursuant to subsection (4) of this section, the division shall operate the following prevention and intervention programs:

(a) to (e) (Deleted by amendment, L. 2013.)

(f) The school-based health center grant program created in part 5 of this article.

(2.5) (a) For state fiscal year 2023-24, the general assembly shall appropriate two hundred fifty thousand dollars to the division for the division to partner with a statewide nonprofit organization to provide healthy eating program incentives among Colorado's low-income populations. These program incentives must attempt to improve access to fresh Colorado-grown fruits and vegetables among Colorado's low-income populations.

(b) The statewide nonprofit organization selected by the division for the partnership described in this subsection (2.5) shall have experience in supporting healthy eating incentives programs, such as programs at local farmers markets, and experience with coordinating healthy eating programs and funding between local, state, and federal programs.

(c) In providing the program incentives described in this subsection (2.5), both the division and the nonprofit shall minimize their administrative expenses. The division shall not use more than ten thousand dollars and the nonprofit shall not use more than five percent of the amount transferred pursuant to subsection (2.5)(a) of this section for their administrative expenses.

(d) The division shall use the funding provided in subsection (2.5)(a) of this section to supplement, not supplant, other general fund appropriations to the division.

(e) All but seventy-seven thousand seven hundred fifty-two dollars of the amount transferred pursuant to subsection (2.5)(a) of this section must be expended for healthy eating program incentives among Colorado's low-income populations.

(f) This subsection (2.5) is repealed, effective September 1, 2025.

(3) In operating prevention and intervention programs, on receipt of an application for funding through any of said prevention and intervention programs, the division shall review the application and determine whether there are other prevention, intervention, and treatment programs operated by state agencies within this state through which funding may be available to the applicant. With the applicant's consent, the division shall forward a copy of the application to any such program for consideration.

(4) The executive director shall transfer any prevention and intervention programs operated by the department to the division, as he or she deems appropriate. The division shall collaborate with any other division within the department that operates a prevention, intervention, and treatment program in the same manner that it collaborates with other state agencies that operate prevention, intervention, and treatment programs.
C.R.S. § 25-7-111 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-111
25-7-111. Administration of air quality control programs - directive - prescribed fire - r
Status: repealed

25-7-111. Administration of air quality control programs - directive - prescribed fire - review. (1) The division shall administer and enforce the air quality control programs adopted by the commission. In furtherance of such responsibility of the division, the executive director of the department of public health and environment shall establish within the division a separate air quality control agency, the head of which shall be a licensed professional engineer or shall have a graduate degree in engineering or other specialty dealing with the problems of air quality control. Such person shall also have appropriate practical and administrative experience related to air quality control. Such person shall not be the technical secretary employed pursuant to section 25-7-105 (3). Any potential conflict of interest of such person shall be adequately disclosed prior to appointment and as may from time to time arise.

(2) In addition to authority specified elsewhere in this article, the division has the power to:

(a) Conduct or cause to be conducted studies and research with respect to air pollution and the control, abatement, or prevention thereof, as requested by the commission;

(b) Collect data, by means of field studies and air monitoring conducted by the division or by individual stationary sources or individual indirect air pollution sources, and determine the nature and quality of existing ambient air throughout the state;

(c) Enter and inspect any property, premises, or place for the purpose of investigating any actual, suspected, or potential source of air pollution or ascertaining compliance or noncompliance with any requirement of this article or any order or permit, or term or condition thereof, issued or promulgated pursuant to this article; and the division may, at reasonable times, have access to and copy any record, inspect any monitoring equipment or method, or sample any emissions required pursuant to section 25-7-106 (6) or part 5 of this article; except that, if such entry or inspection is denied or not consented to and no emergency exists, the division is empowered to and shall obtain from the district or county court for the district or county in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district and county courts of this state are empowered to issue such warrants upon a proper showing of the need for such entry and inspection. Any information relating to secret processes or methods of manufacture or production obtained in the course of the inspection or investigation shall be kept confidential; except that emission data shall not be withheld from the division as confidential. A duplicate of any analytical report or observation of an air pollutant by the division shall be furnished promptly to the person who is suspected of causing such air pollution.

(d) Furnish technical advice and services relating to air pollution problems and control techniques;

(e) Inform the appropriate governmental agency of the results of atmospheric tests conducted in its jurisdiction and notify the affected city, town, county, or city and county whenever tests establish that the ambient air or source of emission of smoke or air pollution fails to meet the standards established under this article;

(f) Designate one or more persons or agencies in any area of the state as an air pollution control authority as agent of the division to exercise and perform such powers and duties of the division as may be specified in such designation;

(g) Furnish such personnel to the commission as the commission may reasonably require to carry out its duties and responsibilities under this article;

(h) Certify, or otherwise designate, to any other agency or department of this state or of any other state or of the federal government that any facility, land, building, machinery, or equipment, or any part thereof, has been constructed, erected, installed, or acquired in conformity with the requirements of this state or of this article for control of air pollution or in conformity with the requirements for control of air pollution of any other state or the federal government;

(i) Require any source to furnish information which the division may reasonably require relating to emissions of the source or to any investigation authorized by this article. If such request for information is refused, the division is empowered to and may obtain from the district or county court for the district or county in which the source is located a subpoena to compel production of such information.

(3) Repealed.

(4) The division shall assure that any information obtained by the division which is entitled to protection as a trade secret under federal or Colorado law is kept confidential and protected against disclosure, except as required by the federal act.

(5) Repealed.
C.R.S. § 25-3.5-208 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-208
25-3.5-208. Emergency medical service providers' peer health assistance program - fund - rul
Status: in_force

25-3.5-208. Emergency medical service providers' peer health assistance program - fund - rules. (1) As a condition of initial certification or licensure and certification or licensure renewal, every applicant shall pay to the department, at the time of application, two dollars and fifty-five cents. This amount may be adjusted on January 1, 2021, and annually thereafter by the board to reflect:

(a) Changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood, or its successor index; and

(b) Overall utilization of the program.

(2) The fee imposed pursuant to subsection (1) of this section is to support designated providers the department selects to provide assistance to emergency medical service providers needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to provide emergency medical services.

(3) The department shall deposit the fees collected pursuant to this section in the emergency medical services peer assistance fund, referred to in this section as the "fund", which is hereby created in the state treasury. Money in the fund is not subject to annual appropriation by the general assembly. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(4) The department shall select one or more peer health assistance programs as designated providers. To be eligible for designation by the department, a peer health assistance program must:

(a) Provide for the education of emergency medical service providers with respect to the recognition and prevention of physical, emotional, and psychological conditions and provide for intervention when necessary or under circumstances that the department may establish by rule;

(b) Offer assistance to an emergency medical service provider in identifying physical, emotional, or psychological conditions;

(c) Evaluate the extent of physical, emotional, or psychological conditions and refer the emergency medical service provider for appropriate treatment;

(d) Monitor the status of an emergency medical service provider who has been referred for treatment;

(e) Provide counseling and support for the emergency medical service provider and for the family of any emergency medical service provider referred for treatment;

(f) Agree to receive referrals from the department; and

(g) Agree to make services available to all certified and licensed emergency medical service providers.

(5) The department may select an entity to administer the emergency medical service providers peer health assistance program. The administering entity must be a nonprofit private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to medicine, medical education, medical research and science, and other medical charitable purposes.

(6) The administering entity shall:

(a) Distribute the money collected from the department, less expenses, to an approved designated provider, as directed by the department;

(b) Provide an annual accounting to the department of all amounts collected, expenses incurred, and amounts disbursed; and

(c) Post a surety performance bond in an amount specified by the department to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.

(7) (a) Any certificate holder or licensee who does not have access to an employee assistance program may apply to the department for participation in a qualified peer health assistance program. In order to be eligible for participation, a certificate holder or licensee shall:

(I) Acknowledge the existence or the potential existence of a physical, psychological, or emotional condition; excessive alcohol or drug use; or a substance use disorder, as defined in section 27-81-102;

(II) After a full explanation of the operation and requirements of the peer health assistance program, agree to voluntarily participate in the program and agree in writing to participate in the program of the peer health assistance organization designated by the department.

(b) (I) Any certificate holder or licensee may self-refer to the qualified peer health assistance program selected by the department. If a certificate holder or licensee who self-refers in accordance with this subsection (7)(b) has access to an employee assistance program, the certificate holder or licensee shall cover the cost of the program.

(II) A certificate holder or licensee who self-refers and is accepted into a qualified peer health assistance program shall affirm that, to the best of their knowledge, information, and belief, they know of no instance in which they have violated this article 3.5 or the rules of the board, except in instances affected by the certificate holder's or licensee's physical, psychological, or emotional condition.

(8) All documents, records, or reports generated in the provision of services to a certificate holder or licensee who is attending a qualified peer health assistance program are confidential and not subject to subpoena and shall not be used as evidence in any proceeding other than disciplinary action by the department. The documents, records, and reports are not public records for purposes of section 24-72-203.

(9) Notwithstanding the provisions of this section, the department may summarily suspend the certification of any certificate holder or the license of any licensee who is referred to a peer health assistance program by the department and who fails to attend or to complete the program. If a certificate holder or licensee objects to the suspension, the certificate holder or licensee may submit a written request to the department for the formal hearing on the suspension within two days after receiving notice of the suspension and the department shall grant the request. In the hearing, the certificate holder or licensee shall have the burden of proving that the certificate holder's certification or licensee's license should not be suspended. The hearing shall be conducted in accordance with section 24-4-105.

(10) Nothing in this section creates any liability on the department or the state of Colorado for the actions of the department in making grants to peer assistance programs, and no civil action may be brought or maintained against the department or the state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or the result of an act or omission of an emergency medical service provider participating in or referred by a state-funded peer assistance program. However, the state remains liable under the "Colorado Governmental Immunity Act", article 10 of title 24, if an injury alleged to have been the result of an act or omission of an emergency medical service provider participating in or referred by a state-funded peer assistance program occurred while the emergency medical service provider was performing duties as an employee of the state.

(11) The department may promulgate rules necessary to implement this section.
C.R.S. § 25-13-111 — CO Code / Title 25 / Article 13 / Section 25-13-111
25-13-111. Enforcement
Status: in_force

25-13-111. Enforcement. This article shall be enforced by the department, the division of parks and wildlife, all county, district, and municipal public health agencies and boards of health, and any peace officer in this state.
C.R.S. § 25-7-134 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-134
25-7-134. Study of air quality control programs
Status: repealed

25-7-134. Study of air quality control programs. (Repealed)
C.R.S. § 25-4-1606 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1606
25-4-1606. Licensure - exception
Status: in_force

25-4-1606. Licensure - exception. (1) An application for a license or a certificate of license shall be filed with the department or a county or district board of health before any person may operate a retail food establishment in this state. The application shall be on a form supplied by the department and shall include such information as the department may require.

(2) Before granting any license or certificate of license, the department or a county or district board of health may conduct an inspection of the retail food establishment to determine compliance with the rules promulgated by the department. If the applicant appears to be in compliance with the rules and with the applicable provisions of this part 16, the department or a county or district board of health shall approve the application for a license or certificate of license.

(2.5) If the applicant is found to be in violation of section 25-4-1610 (1)(c) during a preoperational inspection, and the applicant is unable to correct the violation while the inspector is on site, a reinspection shall be conducted for the purpose of granting a license or certificate of license.

(3) Every license and certificate of license granted pursuant to this section shall specify the date granted, the period of coverage, the name of the licensee, and the name and address of the licensed establishment. All licenses shall be conspicuously displayed at all times in the licensed establishment.

(4) Licenses and certificates of license shall be valid for one calendar year or such portion thereof as remains after the granting of a license or certificate. When a license or certificate is valid for only a portion of a calendar year, there shall be no reduction of the fees required by section 25-4-1607. All licenses and certificates of license shall expire December 31 of the year in which they were granted and renewal applications shall be filed with the department during December of each year. Once a license or certificate of license has been granted, the department or a county or district board of health shall not refuse to renew such license or certificate unless the licensee has engaged in an unlawful act set forth in section 25-4-1610 or is in violation of any rules promulgated pursuant to this part 16.

(5) Subsections (1) and (2) of this section shall not apply in the city and county of Denver, which, by ordinance, may provide for the licensure of retail food establishments.
C.R.S. § 25-7-121 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-121
25-7-121. Injunctions
Status: in_force

25-7-121. Injunctions. (1) In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending administrative or judicial review or in the event any person violates any emission control regulation of the commission, the requirements of the state implementation plan, or any provision of or commission rule adopted pursuant to parts 1 to 4 of this article 7, including any term or condition contained in any permit required under this article 7, the division or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is the district attorney's or the attorney general's duty to bring, a suit for an injunction to:

(a) Prevent any further or continued violation;

(b) Reduce the potential for a recurrence of a violation for which the division has previously commenced enforcement pursuant to section 25-7-115 (2)(c)(I); or

(c) Obtain any permit required to construct or operate.
C.R.S. § 25-15-318 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-318
25-15-318. Nature of environmental covenants
Status: in_force

25-15-318. Nature of environmental covenants. (1) An environmental covenant shall be perpetual unless by its terms it is limited to a specific duration, unless the department approves a request to terminate or modify it pursuant to section 25-15-319 (1)(h), or unless it is terminated by a court of competent jurisdiction. An environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed or through adverse possession, nor may an environmental covenant be extinguished, limited, or impaired by reason of the doctrines of abandonment, waiver, lack of enforcement, or other common law principles relating to covenants, or by the exercise of eminent domain.

(2) Notwithstanding any other provision of law, including any common-law requirement for privity of estate, an environmental covenant shall run with the land and shall bind the owner of the land, the owner's successors and assigns, and any person using the land. An environmental covenant shall not be deemed unenforceable on the basis of:

(a) A lack of privity of contract;

(b) A lack of benefit to a particular parcel of land;

(c) Failure of the environmental covenant to expressly state that it runs with the land; or

(d) Any other inconsistency with common-law requirements applicable to common-law covenants.

(3) The requirements and restrictions of an environmental covenant are requirements under this part 3 but may only be enforced as provided in section 25-15-322. The creation of an environmental covenant does not trigger the application of any other requirement of this part 3.

(4) The department shall not acquire any liability under state law by virtue of accepting an environmental covenant, nor shall any named beneficiary of an environmental covenant acquire any liability under state law by virtue of being such a beneficiary.
C.R.S. § 25-5.5-209 — CO Code / Title 25 / Article 5.5 / Part 2 / Section 25-5.5-209
25-5.5-209. Penalty
Status: in_force

25-5.5-209. Penalty. Any person who violates any of the provisions of this part 2 or who directs or knowingly permits such violation or aids or assists therein commits a petty offense.
C.R.S. § 25-5-420 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-420
25-5-420. Enforcement
Status: in_force

25-5-420. Enforcement. (1) The authority to promulgate regulations for the efficient enforcement of this part 4 is vested in the department. The department is authorized to make the regulations promulgated under this part 4 conform, insofar as practicable, with those promulgated under the federal act, the federal "Fair Packaging and Labeling Act", 15 U.S.C. secs. 1451-1461, and the "Federal Meat Inspection Act", as amended, 21 U.S.C. secs. 603-623. All regulations promulgated under this part 4 shall be promulgated in accordance with the provisions of article 4 of title 24, C.R.S.

(2) Hearings authorized or required by this part 4 or by article 4 of title 24, C.R.S., shall be conducted by the department or such officer, agent, or employee as the department may designate for the purpose.

(3) All pesticide chemical regulations and their amendments adopted under authority of the federal act are the pesticide chemical regulations in this state. However, the department may adopt regulations which prescribe tolerances for pesticides in finished foods in this state which are no less stringent than regulations promulgated under the federal act.

(4) All food additive regulations and their amendments adopted under authority of the federal act are the food additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a food additive may be used in this state which are no less stringent than regulations promulgated under the federal act.

(5) All color additive regulations and their amendments adopted under authority of the federal act are the color additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a color additive may be used in this state which are no less stringent than regulations promulgated under the federal act.

(6) All special dietary use regulations and their amendments adopted under authority of the federal act are the special dietary use regulations in this state. However, the department may, if it finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations which are no less stringent than regulations promulgated under the federal act.

(7) All regulations and their amendments adopted under the federal "Fair Packaging and Labeling Act" shall be the regulations in this state. However, the department may, if it finds it necessary in the interest of consumers, prescribe packaging and labeling regulations for consumer commodities which are no less stringent than regulations promulgated under such "Fair Packaging and Labeling Act", but no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to the "Fair Packaging and Labeling Act", 15 U.S.C. sec. 1453, and the regulations promulgated thereunder.

(8) All regulations establishing standards of identity and composition for meat and meat food products and their amendments adopted under the "Federal Meat Inspection Act", as amended, 21 U.S.C. secs. 603-623, are the established standards of identity and composition for meat and meat food products in this state. However, the department may, if it finds it necessary in the interest of consumers, adopt additional regulations establishing standards of identity and composition for meat and meat food products which are no less stringent than regulations promulgated under the "Federal Meat Inspection Act".

(9) (a) A federal regulation automatically adopted pursuant to this part 4 takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations thirty days prior to hearing thereon. A person who may be adversely affected by a regulation may file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in this state.

(b) If no substantial objections are received and no hearing is requested within thirty days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least sixty days after the time for filing objections has expired.

(c) If substantial objections are made to a federal regulation within thirty days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify such regulation. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least sixty days after publication of the order.
C.R.S. § 25-5-406 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-406
25-5-406. Tagging articles misbranded or adulterated
Status: in_force

25-5-406. Tagging articles misbranded or adulterated. (1) Whenever a duly authorized agent of the department finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated or misbranded within the meaning of this part 4, he shall affix to such article a tag or other appropriate marking giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until provision for removal or disposal is given by the department or such agent or the court. No person shall remove or dispose of such embargoed article by sale or otherwise without the permission of the department or its agent or, after summary proceedings have been instituted, without permission from the court. If the embargo is removed by the department or by the court, neither the department nor the state shall be held liable for damages because of such embargo in the event that the court finds that there was probable cause for the embargo.

(2) When an article detained or embargoed under subsection (1) of this section has been found by such agent to be adulterated or misbranded, he shall petition the judge of the district court in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. When such agent finds that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.

(3) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of such agent, and all court costs and fees and storage and other proper expense shall be taxed against the claimant of such article or his agent; except that, when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the department. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article on representation to the court by the department that the article is no longer in violation of this part 4 and that the expenses of such supervision have been paid.

(4) Whenever the department or any of its authorized agents find in any room, building, vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound or contain any filthy, decomposed, or putrid substance or which may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the department or its authorized agent shall forthwith condemn or destroy the same or in any other manner render the same unsalable as human food.
C.R.S. § 25-4-1502 — CO Code / Title 25 / Article 4 / Part 15 / Section 25-4-1502
25-4-1502. Definitions
Status: in_force

25-4-1502. Definitions. As used in this part 15, unless the context otherwise requires:

(1) (Deleted by amendment, L. 95, p. 487, § 2, effective July 1, 1995.)

(2) "Board" means the state board of health.

(3) "Department" means the department of public health and environment.

(3.5) "Diagnostic screening" means the use of procedures including physical examinations, radiologic imaging, surgical techniques, and any new technologies approved by the board for detecting whether abnormalities of the breast are malignant or benign.

(4) "Fund" means the breast cancer screening fund established in section 25-4-1503.

(5) "Screening" means the conduct of physical examinations, visual inspections, or other medical tests exclusively for the purpose of ascertaining the existence of any physiological abnormality which might be indicative of the presence of disease. "Screening" includes diagnostic screening services.
C.R.S. § 25-56-103 — CO Code / Title 25 / Article 56 / Section 25-56-103
25-56-103. Definitions
Status: in_force

25-56-103. Definitions. As used in this article 56, unless the context otherwise requires:

(1) "Anatomical gift" means the donation of part of a human body for the purpose of transplantation to another person.

(2) "Auxiliary aids or services" means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability, and is available in a format or manner that allows the individual to better understand the information.

(3) "Covered entity" means a health-care practitioner, as defined in section 12-30-103 (4)(a); a health facility licensed pursuant to section 25-1.5-103; and a correctional facility, as defined in section 24-4.1-302 (1.3).

(4) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12102 (1), as amended.

(5) "Organ transplant" means the transplantation or transfusion of an anatomical gift into the body of another person for the purpose of treating or curing a medical condition.

(6) "Qualified recipient" means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

(a) Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;

(b) Auxiliary aids or services;

(c) Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:

(I) Communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or

(II) Consideration of support networks available to the individual, including family members, friends, home and community-based services the individual is enrolled in, or any program or source of funding available to the individual when determining whether the individual is able to comply with post-transplant medical requirements.
C.R.S. § 25-5.5-203 — CO Code / Title 25 / Article 5.5 / Part 2 / Section 25-5.5-203
25-5.5-203. Definitions
Status: in_force

25-5.5-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Department" means the department of public health and environment or its authorized representative.

(2) (a) "Imitation dairy product" means any milk, cream, skimmed milk, or any combination thereof, whether or not condensed, evaporated, concentrated, frozen, powdered, dried, or desiccated, or any food product made or manufactured therefrom to which is added, or which is blended or compounded with, any fat or oil other than milk fat so that the resulting product is in imitation or semblance of any dairy product, including but not limited to milk, cream, sour cream, butter cream, skimmed milk, ice cream, whipped or whipping cream, flavored milk or skim milk drink, dried or powdered milk, cheese, cream cheese, cottage cheese, creamed cottage cheese, ice-cream mix, sherbet or other frozen desserts, condensed milk, evaporated milk, or concentrated milk. "Imitation dairy product" also means any food product that does not contain milk or dairy products but which is made in imitation or semblance of any milk or dairy product defined in part 1 of this article and, on the basis of its appearance, flavor, and texture, closely resembles such product.

(b) "Imitation dairy product" does not mean or include:

(I) Any distinctive proprietary food compound not readily mistaken for a dairy product, if such product is customarily used on the order or prescription of a physician, is prepared or designed for medicinal or special dietary use, and is prominently so labeled;

(II) Any dairy product which is flavored with chocolate or cocoa, or the vitamin content of which has been increased, or which is both so flavored and which contains such increased vitamin content, if the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, in no event in excess of one-hundredth of one percent of the weight of the finished product, is used as a carrier of such vitamins; or

(III) Oleomargarine.

(3) "Person" includes an individual, firm, partnership, association, trust, estate, and corporation, any other business unit, device, arrangement, or organization, and any officer, agent, servant, and employee thereof.
C.R.S. § 25-3-112 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-112
25-3-112. Hospitals - charity care information - charges for the uninsured - reports to de
Status: repealed

25-3-112. Hospitals - charity care information - charges for the uninsured - reports to department - department review - collections protection - hospital financial assistance standards committee established - rules. (Repealed)
C.R.S. § 25-4-405 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-405
25-4-405. Reporting requirements - immunity
Status: in_force

25-4-405. Reporting requirements - immunity. (1) (a) In accordance with sections 12-240-139, 25-1-122, 25-4-404, and 25-4-406, and except as provided in subsection (1)(b) of this section, for every individual known to the person or entity to have a diagnosis of a sexually transmitted infection or to have a positive test for a sexually transmitted infection, the following persons and entities shall report any information required by rule of the state board to the state department or local public health agency, in a form and within a time period designated by rule of the state board:

(I) Every health-care provider in the state;

(II) Persons who test, diagnose, or treat sexually transmitted infections in a hospital, clinic, correctional institution, community-based organization, nonclinical setting, or other private or public institution; or

(III) A laboratory or a person performing a test for a case of a sexually transmitted infection.

(b) The reporting requirement specified in subsection (1)(a) of this section does not apply to a mental health professional who is not engaged in testing a patient for, diagnosing a patient with, or treating a patient with a sexually transmitted infection, regardless of whether the mental health professional knows the patient has a sexually transmitted infection.

(2) The reports submitted pursuant to subsection (1) of this section must include the name, date of birth, sex at birth, gender identity, address, and phone number of the individual with the sexually transmitted infection, and the name, address, and phone number of the person making the report. The report must also include any test results and the name, address, and phone number of the health-care provider and any other person or agency that referred the specimen for testing.

(3) (a) A person who, in good faith, complies with the reporting and treatment requirements of this part 4 is immune from civil and criminal liability for such actions.

(b) Immunity from liability pursuant to paragraph (a) of this subsection (3) does not apply to a negligent act or omission on the part of the health-care provider.
C.R.S. § 25-16.5-101 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-101
25-16.5-101. Short title
Status: in_force

25-16.5-101. Short title. The short title of this article 16.5 is the "Colorado Sustainability Act".
C.R.S. § 25-1.5-607 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-607
25-1.5-607. No effect on credentialing and privileging
Status: in_force

25-1.5-607. No effect on credentialing and privileging. (a) In this section:

(1) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.

(2) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.

(b) This part 6 does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
C.R.S. § 25-47-107 — CO Code / Title 25 / Article 47 / Section 25-47-107
25-47-107. Good samaritan protections - liability
Status: in_force

25-47-107. Good samaritan protections - liability. (1) The following individuals and entities are immune from criminal liability and from suit in any civil action brought by any person for injuries or related damages that result from an act or omission taken pursuant to this article:

(a) An authorized entity that possesses and makes available epinephrine auto-injectors or an EPAS and the entity's employees, agents, and other individuals;

(b) An authorized entity that does not possess or make available epinephrine auto-injectors or an EPAS and the entity's employees, agents, and other individuals;

(c) An individual or entity that conducts an anaphylaxis training program;

(d) An individual who prescribes or dispenses an epinephrine auto-injector;

(e) An individual who administers or provides an epinephrine auto-injector;

(f) A medical professional who consults the user of an EPAS and makes the epinephrine auto-injectors stored in the EPAS available to the user; or

(g) An individual who uses an EPAS.

(2) Immunity under subsection (1) of this section does not apply to acts or omissions that are grossly negligent or willful and wanton.

(3) This section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including the protections set forth in section 13-21-108, C.R.S. Providing or administering an epinephrine auto-injector by an entity or individual is deemed emergency care or emergency assistance for purposes of section 13-21-108, C.R.S.

(4) An authorized entity located in this state that provides or administers an epinephrine auto-injector outside of this state is not liable for any resulting injuries or related damages if the authorized entity:

(a) Would not be liable for the injuries or related damages if the epinephrine auto-injector had been provided or administered in this state; or

(b) Is not liable for injuries or related damages under the law of the state where the authorized entity provided or administered the epinephrine auto-injector.
C.R.S. § 25-7-509 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-509
25-7-509. Prohibition against local certification regarding asbestos abatement
Status: in_force

25-7-509. Prohibition against local certification regarding asbestos abatement. Inasmuch as uniformity in the regulation of asbestos abatement practices and uniformity in the qualifications and certification of persons performing asbestos abatement is a matter of statewide concern, no certification or licensing of asbestos abatement projects nor any examination or certification of persons certified under this part 5 shall be required by any city, town, county, or city and county; however, any such local governmental authority may impose reasonable registration requirements on any person performing asbestos abatement as a condition of performing such activity within the jurisdiction of such authority. Registration fees charged by any such local governmental authority to any such person shall not exceed those costs associated with such registration requirements and functions.
C.R.S. § 25-7-110.5 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-110.5
25-7-110.5. Required analysis of proposed air quality rules
Status: repealed

25-7-110.5. Required analysis of proposed air quality rules. (1) In addition to the requirements of section 25-7-110.8, whenever the commission proposes a rule, the technical secretary of the commission shall provide to the public upon request at cost, at the time the notice for public rule-making is published, a proposed rule-making packet containing:

(a) A memorandum of notice, as required by subsection (3) of this section;

(b) The actual language of the proposed rule;

(c) A statement describing the fiscal and economic impact of the proposed rule, as required by subsection (4) of this section;

(d) A statement describing the potential justification for terms differing from federal requirements, as required by subsection (5) of this section;

(e) On or before July 1, 1997, a statement describing the risk analysis, if required by the general assembly under subsection (6) of this section;

(f) The range of regulatory alternatives, including the no-action alternative, to be considered in adopting the proposed rule; and

(g) Any other concise background material that would assist the interested and affected public in understanding the impact of the proposed rule.

(1.5) As used in this section, "rule" includes an amendment to an existing rule.

(2) The requirements of subsections (1)(c) to (1)(f), (3)(g), and (4) of this section shall not apply to any rule-making packet for any commission rule, and the requirements of subsections (3)(g) and (4) of this section shall not apply to any commission rule, which adopts by reference applicable federal rules or which rule is adopted to implement prescriptive state statutory requirements, where the commission is allowed no significant policy-making options, or which rule will have no regulatory impact on any person, facility, or activity.

(3) Whenever the commission proposes a rule, the technical secretary of the commission, in cooperation with the proponent of the rule, shall provide a memorandum of notice containing:

(a) An explanation of the proposed rule;

(b) A disclosure of materials contained in the proposed rule;

(c) A preliminary plan for meetings with the commission staff on the proposed rule;

(d) An explanation of the problem sought to be remedied by the proposed rule;

(e) An analysis of how the proposed rule solves the problem delineated in paragraph (d) of this subsection (3);

(f) An explanation of the process that was used to develop the proposed rule;

(g) An initial analysis of the economic effects of the proposed rule pursuant to subsection (4) of this section;

(h) An explanation of the substantive differences with federal requirements and the requirements of Utah, Arizona, and New Mexico, where relevant;

(i) An explanation of how the proposed rule may be implemented;

(j) Whether there will be any time constraints on the regulated community and state agencies as a result of implementation or a delay in implementation of the proposed rule;

(k) A contact person or persons who may provide additional information on the proposed rule to interested persons; and

(l) A no-action analysis.

(4) (a) Before any permanent rule is proposed pursuant to this section, an initial economic impact analysis shall be conducted in compliance with this subsection (4) of the proposed rule or alternative proposed rules. Such economic impact analysis shall be in writing, developed by the proponent, or the division in cooperation with the proponent and made available to the public at the time any request for hearing on a proposed rule is heard by the commission. A final economic impact analysis shall be in writing and delivered to the technical secretary and to all parties of record five working days prior to the prehearing conference or, if no prehearing conference is scheduled, at least ten working days before the date of the rule-making hearing. The proponent of an alternative proposal will provide, in cooperation with the division, a final economic impact analysis five working days prior to the prehearing conference. The economic impact analyses shall be based upon reasonably available data. Except where data is not reasonably available, or as otherwise provided in this section, the failure to provide an economic impact analysis of any noticed proposed rule or any alternative proposed rule will preclude such proposed rule or alternative proposed rule from being considered by the commission. Nothing in this section shall be construed to restrict the commission's authority to consider alternative proposals and alternative economic impact analyses that have not been submitted prior to the prehearing conference for good cause shown and so long as parties have adequate time to review them.

(b) Before any emergency rule is adopted, any person may request that a regulatory analysis, as defined in section 24-4-103 (4.5), C.R.S., be prepared and made available to the public five working days prior to the hearing, unless there is an imminent and serious hazard to health, welfare, or the environment.

(c) The proponent and the division shall select one or more of the following economic impact analyses. The commission may ask affected industry to submit information with regard to the cost of compliance with the proposed rule, and, if it is not provided, it shall not be considered reasonably available. The economic impact analysis required by this subsection (4) shall be based upon reasonably available data and shall consist of one or more of the following:

(I) Cost-effectiveness analyses for air pollution control that identify:

(A) The cumulative cost including but not limited to the total capital, operation, and maintenance costs of any proposed controls for affected business entity or industry to comply with the provisions of the proposal;

(B) Any direct costs to be incurred by the general public to comply with the provisions of the proposal;

(C) Air pollution reductions caused by the proposal;

(D) The cost per unit of air pollution reductions caused by the proposal; and

(E) The cost for the division to implement the provisions of the proposal; or

(II) Industry studies that examine the direct costs of the proposal on directly affected entities that may be either in the form of a business analysis (The regulatory impacts on the general business climate or subsets thereof) or an industry analysis (the regulatory impacts on specific industries), including:

(A) The characteristics and current economic conditions of the impacted business or industry sector; and

(B) The projected impacts on the growth of the affected industry sectors with and without implementation of the proposal; and

(C) How the proposal may effect or alter the growth of the affected industry sector; and

(D) The direct cost of the proposal on the affected industry sector; or

(III) An economic impact analysis that:

(A) Identifies the industrial and business sectors that will be impacted by the proposal; and

(B) Quantifies the direct cost to the primary affected business or industrial sector; and

(C) Incorporates an estimate of the economic impact of the proposal on the supporting business and industrial sectors associated with the primary affected business or industry sectors.

(d) Repealed.

(e) Except as provided in subsection (4)(f) of this section, the economic impact analysis required by this subsection (4) must not consist of an analysis of any nonmarket costs or external costs asserted to occur notwithstanding compliance by a source with applicable environmental regulations.

(f) For a rule that implements section 25-7-105 (1)(e) that may materially affect greenhouse gas emissions, the economic impact analysis required by this subsection (4) must include an analysis of the social cost of greenhouse gases related to the estimated emission reductions from the proposed rule. The analysis must use the most recent assessment of the social cost for those greenhouse gases for which the federal government has determined the cost, and the consideration of the social cost of greenhouse gases must be consistent with existing law and include use of a discount rate of no more than two and one-half percent; except that the social cost of greenhouse gases that is used may not be lower than that established in 2016, using a two and one-half percent discount rate, by the federal interagency working group on the social cost of carbon or than the final social cost of greenhouse gases, using a two and one-half percent or lower effective discount rate, established by the federal interagency working group on the social cost of greenhouse gases pursuant to federal executive order 13990, dated January 20, 2021, whichever is higher.

(g) With regard to the changes made in 2021 by House Bill 21-1266:

(I) Nothing:

(A) Alters the greenhouse gas emission reduction goals previously established in section 25-7-102 (2)(g), in either amount or timing; or

(B) Detracts from the air quality control commission's existing authority to require more than the minimum greenhouse gas emission reduction goals and deadlines previously established in section 25-7-102 (2)(g); and

(II) The changes add to, but do not otherwise alter, the air quality control commission's authority and obligation to publish and promulgate rules pursuant to sections 25-7-102 (2)(g), 25-7-105, and 25-7-140.

(5) (a) Whenever the commission proposes any rule that exceeds the requirements of the federal act or differs from the federal act or rules thereunder, the commission shall make available in writing a copy of any such proposed rule and a detailed, footnoted explanation of the differences between the rule and the federal requirements.

(b) The written explanation required pursuant to paragraph (a) of this subsection (5) shall contain an explanation of the following information:

(I) Any federal requirements that are applicable to this situation with a commentary on those requirements;

(II) Whether the applicable federal requirements are performance-based or technology-based and whether there is any flexibility in those requirements, and if not, why not;

(III) Whether the applicable federal requirements specifically address the issues that are of concern to Colorado and whether data or information that would reasonably reflect Colorado's concern and situation was considered in the federal process that established the federal requirements;

(IV) Whether the proposed requirement will improve the ability of the regulated community to comply in a more cost-effective way by clarifying confusing or potentially conflicting requirements (within or cross-media), increasing certainty, or preventing or reducing the need for costly retrofit to meet more stringent requirements later;

(V) Whether there is a timing issue which might justify changing the time frame for implementation of federal requirements;

(VI) Whether the proposed requirement will assist in establishing and maintaining a reasonable margin for accommodation of uncertainty and future growth;

(VII) Whether the proposed requirement establishes or maintains reasonable equity in the requirements for various sources;

(VIII) Whether others would face increased costs if a more stringent rule is not enacted;

(IX) Whether the proposed requirement includes procedural, reporting, or monitoring requirements that are different from applicable federal requirements and, if so, why and what the "compelling reason" is for different procedural, reporting, or monitoring requirements;

(X) Whether demonstrated technology is available to comply with the proposed requirement;

(XI) Whether the proposed requirement will contribute to the prevention of pollution or address a potential problem and represent a more cost-effective environmental gain; and

(XII) Whether an alternative rule, including a no-action alternative, would address the required standard.

(6) Repealed.
C.R.S. § 25-5-1009 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1009
25-5-1009. Penalties
Status: in_force

25-5-1009. Penalties. (1) Upon a finding by the board that an owner or lessee of a tanning facility is in violation of any of the provisions of this part 10, or the standards, rules, or regulations adopted by the board pursuant to this part 10, the board may assess a penalty of up to two hundred dollars for each day of violation, and each day of violation shall be considered a separate offense. Actions may be brought by the attorney general in the district court of the district within which the tanning device is located. In determining the amount of the penalty, the board shall consider the degree of danger to the public caused by the violation, the duration of the violation, and whether the owner or lessee has committed any similar violations. Any penalty fees collected by the board shall be remitted to the state treasurer, who shall credit the same to the tanning device education fund, created in section 25-5-1004.

(2) An owner or lessee subject to a penalty assessment pursuant to this section may appeal the penalty to the board by requesting a hearing before the board. Such a request shall be filed within thirty days after the penalty assessment is issued. A hearing before the board shall be conducted in accordance with article 4 of title 24, C.R.S.
C.R.S. § 25-8-205.1 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205.1
25-8-205.1. State waters protection - applicability - program to regulate the discharge of d
Status: repealed

25-8-205.1. State waters protection - applicability - program to regulate the discharge of dredged or fill material - duties of commission and division - applicability and scope of section - legislative declaration - definitions - rules - repeal. (1) Legislative declaration. (a) The general assembly finds that:

(I) On May 25, 2023, the United States supreme court issued an opinion in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), that interpreted the types of water resources that are considered to be "waters of the United States", which are subject to federal permitting requirements under section 404 of the federal "Clean Water Act", Pub.L. 92-500, codified at 33 U.S.C. sec. 1251 et seq., as amended, for the discharge of dredged or fill material. The Sackett ruling became immediately effective in Colorado, and the federal environmental protection agency and the United States Army corps of engineers subsequently published new regulations seeking to conform to the Sackett ruling. As a result, federal permitting requirements for the discharge of dredged or fill material no longer apply to certain state waters, including many wetlands.

(II) As of March 2024, Colorado has not had a state program to authorize the discharge of dredged or fill material into state waters and has instead relied on the United States Army corps of engineers section 404 permit program. The new definition of "waters of the United States" under Sackett, which narrows federal jurisdiction in this area, has created a need for a state dredge and fill program. With fewer federal discharge permits being issued by the United States Army corps of engineers following Sackett, many streams, lakes, and wetlands in Colorado are at risk of irreversible harm.

(III) Some projects involving the discharge of dredged or fill material, such as those for flood control; stream restoration; water development; construction or maintenance of underground utilities, roads, transit, rail, and housing; and similar efforts that are no longer regulated by the federal act as a result of Sackett, face regulatory uncertainty unless Colorado develops its own dredge and fill program; and

(IV) The department of public health and environment led stakeholder efforts during 2023 that focused on regulatory options to address the Sackett decision, and the provisions of this section directly reflect the input received during these efforts concerning exempted activities and excluded types of waters.

(b) The general assembly further finds that:

(I) Water is Colorado's most critical natural resource, and safeguarding water quality is of paramount importance for the protection of public health and Colorado's environment;

(II) Colorado's wetlands and seasonal streams play a crucial role in maintaining water quality for drinking water and wildlife habitats, recharging groundwater, controlling floods, and keeping pollution from entering larger bodies of water;

(III) Given the crucial role that wetlands play in protecting Colorado's water resources, it is in the state's interest to expressly include "wetlands" as a category of "state waters" in the definition of that term used in this article 8. This clarification is consistent with and reiterates the department of public health and environment's longstanding recognition through rules and program implementation that wetlands are state waters deserving of protection under this article 8.

(IV) Developing a state dredge and fill program will benefit the entities that wish to engage in dredge and fill projects within Colorado because, without a discharge authorization framework, those projects will be prohibited to the detriment of Colorado's economy and general welfare;

(V) A state dredge and fill program can provide a mechanism for protecting the chemical, physical, and biological integrity of Colorado's water resources while facilitating a strong and prosperous economy; and

(VI) Notwithstanding the narrower scope of waters protected at the federal level after the Sackett decision, the United States Army corps of engineers' section 404 permit program provides a well-established and protective framework upon which Colorado should model its own dredge and fill program.

(c) Now, therefore, the general assembly declares that:

(I) This section is necessary to establish a comprehensive dredge and fill program to protect state waters, no matter how the federal term "waters of the United States" is defined in the future; and

(II) For the purpose of providing clarification concerning the limitations on the scope of Colorado's dredge and fill program going forward, the program established in this section includes:

(A) Express exemptions for certain types of activities that are not subject to dredge and fill program requirements; and

(B) Express exclusions for certain types of waters that may otherwise fall under the definition of "state waters".

(2) Applicability - limitations. Nothing in this section applies to the activities of federally recognized Indian tribes, Indians, their political subdivisions, or tribally controlled affiliates, which activities are undertaken or to be undertaken on lands within the boundaries of an Indian reservation located within the state. Additionally, nothing in this section applies to the activities of third-party non-Indian owners and operators, which activities are undertaken or to be undertaken with respect to reservation waters on Indian trust lands within the boundaries of an Indian reservation located within the state. With regard to privately owned fee land, as defined in section 25-7-1302 (4), within the boundaries of an Indian reservation located within the state, this section applies only to the discharge of dredged or fill materials of persons who are not Indians.

(3) Definitions. As used in this section, unless the context otherwise requires:

(a) "Clean Water Policy 17" means the division's Clean Water Policy 17, "Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters".

(b) "Compensatory mitigation" means the restoration, reestablishment, rehabilitation, establishment, creation, enhancement, or preservation of state waters for the purpose of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.

(c) "Consultation" means to give a federal, state, local, or tribal entity the opportunity to provide special expertise to authorization processes and technical groups, act as a cooperating agency, or engage as mutually agreed by the division and the entity.

(d) (I) "Discharge of dredged or fill material" means, except as described in subsection (3)(d)(II) of this section, any addition of dredged or fill material into, including redeposit of dredged or fill material other than incidental fallback within, state waters. The term includes:

(A) The addition of dredged or fill material to a specified discharge site located in state waters;

(B) Runoff or overflow from a contained land or water disposal area; and

(C) Any addition, including redeposit other than incidental fallback, of dredged or fill material into state waters that is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation.

(II) "Discharge of dredged or fill material" does not include:

(A) Discharges of pollutants into state waters resulting from the onshore processing of dredged material that is extracted for any commercial use other than fill, which discharges are subject to section 402 of the federal act, even though the extraction and deposit of such material may require a section 404 permit or an authorization issued pursuant to this section;

(B) Activities that involve only the cutting or removing of vegetation above the ground, such as mowing, rotary cutting, and chainsawing, so long as the activity neither substantially disturbs the vegetation's root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material; or

(C) Incidental fallback.

(e) (I) "Discharge of fill material" means, except as described in subsection (3)(e)(II) of this section, the addition of fill material into state waters. The term includes:

(A) Placement of fill material that is necessary for the construction of any structure or infrastructure in state waters;

(B) The building of any structure, infrastructure, or impoundment requiring rock, sand, dirt, or other material for its construction;

(C) Site development fills for recreational, industrial, commercial, residential, or other uses;

(D) Causeways or road fills;

(E) Dams and dikes;

(F) Artificial islands;

(G) Property protection or reclamation devices such as riprap;

(H) Levees;

(I) Placement of fill material for infrastructure such as sewage treatment facilities, intake and outfall pipes associated with power plants, and subaqueous utility lines;

(J) Placement of fill material for construction or maintenance of any liner, berm, or other infrastructure associated with solid waste landfills; and

(K) Placement of overburden, slurry, tailings, or similar mining-related materials.

(II) "Discharge of fill material" does not include:

(A) Plowing, cultivating, seeding, or harvesting for the production of food, fiber, or forest products; or

(B) Placement of pilings in state waters, unless the placement has or would have the effect of a discharge of fill material. Placement of pilings for linear projects, such as bridges, elevated walkways, and power line structures, generally does not have the effect of a discharge of fill material. Furthermore, placement of pilings in state waters for a pier, a wharf, or an individual house on stilts generally does not have the effect of a discharge of fill material. Examples of activities that would have the effect of a discharge of fill material include projects where the pilings are so closely spaced that sedimentation rates would be increased, projects in which the pilings themselves effectively would replace the bottom of a body of state waters, projects involving the placement of pilings that would reduce the reach or impair the flow or circulation of state waters, and projects involving the placement of pilings that would result in the adverse alteration or elimination of aquatic functions.

(f) "Drainage ditch" means a ditch that is designed for at least the partial purpose of increasing drainage of a particular land area or infrastructure for purposes including agriculture; transportation, including roadside and railroad transportation; mosquito abatement; and stormwater management.

(g) "Dredge and fill activity" means an activity that includes the discharge of dredged or fill material.

(h) "Dredge and fill program" means the regulatory dredge and fill discharge authorization program described by this section, including the rules promulgated by the commission, as administered by the division pursuant to this section.

(i) "Dredged material" means material that is excavated or dredged from state waters.

(j) "Dredged or fill material" means dredged material or fill material.

(k) "Ecological lift" means an improvement in the biological health, as well as the chemical, geomorphic, or hydrologic health, of an area that has been damaged, degraded, or destroyed.

(l) "Fens or peatlands" means wetlands with organic soil that are classified as a histosol in the guidance document titled "Field Indicators of Hydric Soils in the United States" published by the federal natural resources conservation service.

(m) (I) "Fill material" means, except as described in subsection (3)(m)(III) of this section, material placed in state waters where the material has the effect of:

(A) Replacing any portion of state waters with upland; or

(B) Changing the bottom elevation of any portion of any state waters.

(II) "Fill material" includes rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in state waters.

(III) "Fill material" does not include solid waste.

(n) "Isolated ordinary high watermark reaches" means reaches of state waters with an ordinary high watermark that are bordered upstream and downstream by uplands.

(o) "Isolated ponds and impoundments" means ponds and impoundments that are not within the one-hundred-year floodplain or within one thousand five hundred feet of an ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.

(p) "Isolated wetlands" means wetlands wholly surrounded by uplands. "Isolated wetlands" does not include wetlands where any portion of the wetland is within the one-hundred-year floodplain or within one thousand five hundred feet of the ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.

(q) "Kettle ponds" means lakes, ponds, or wetlands located within a formerly glaciated landscape and formed by ice blocks left by a retreating glacier.

(r) "Ordinary high watermark" means that line on the shore established by the fluctuations of water and indicated by physical characteristics, such as:

(I) A clear, natural line impressed on the bank;

(II) Shelving;

(III) Changes in the character of soil;

(IV) Destruction of terrestrial vegetation;

(V) The presence of litter and debris; or

(VI) Other appropriate means that consider the characteristics of the surrounding area.

(s) "Section 404 permit" means a permit issued by the United States Army corps of engineers pursuant to section 404 of the federal act. The term includes an individual permit, activities authorized by a nationwide or regional permit, and a letter of permission issued in accordance with regulations of the United States Army corps of engineers.

(t) "State waters" has the meaning set forth in section 25-8-103 (19).

(u) "Upland" means any land area that, under normal circumstances, is not a wetland and does not lie below the ordinary high watermark.

(v) "Wetlands" means areas that are inundated or saturated by surface or groundwater at a frequency and for a duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(4) Duties of the commission. (a) (I) Rules for state dredge and fill discharge authorization program - definition. The commission shall promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal act.

(II) The rules promulgated pursuant to subsection (4)(a)(I) of this section must include:

(A) Procedures for the issuance, modification, and termination of individual and general authorizations, including public notice and participation requirements;

(B) The duration of authorizations; except that the duration of an authorization must not exceed five years;

(C) The establishment of authorization fees that will be utilized to implement the program pursuant to section 25-8-210;

(D) Details concerning the division's consultation with federal, state, local, and tribal entities, especially those entities with special expertise with respect to any environmental-, natural resource-, or agriculture-related issue; and

(E) An exemption for voluntary stream restoration efforts in ephemeral streams that do not require compensatory mitigation and are designed solely to provide ecological lift where the activity is taking place. As used in this subsection (4)(a)(I)(E), "ephemeral stream" means a stream channel or a reach of a stream channel that carries flow during, and for a short duration as the direct result of, precipitation events and that has a channel bottom that is always above the groundwater table.

(III) The rules promulgated pursuant to subsection (4)(a)(I) of this section may include:

(A) Further minor clarification of the terminology used to define the exemptions and exclusions in subsections (8)(b) and (8)(d) of this section without limiting or expanding the scope of the exemptions and exclusions; and

(B) A deadline shorter than two years for the division to act upon a complete application for an individual authorization for projects that involve minimal to moderate costs and have minimal water quality impacts or limited potential water quality impacts.

(IV) (A) In promulgating the rules described in subsection (4)(a)(I) of this section, the commission shall ensure that the rules are as protective as the guidelines set forth in section 404 (b)(1) of the federal act and in effect as of May 29, 2024.

(B) If the commission finds, based on a demonstration at a public rulemaking hearing, that the guidelines set forth in section 404 (b)(1) of the federal act are not protecting state waters, the commission shall amend its rules or adopt new rules to protect state waters. Such a hearing may be initiated by the commission upon its own motion or upon a petition from the division. Any interested person may petition to the commission to initiate a hearing, and the commission may grant or deny such a request.

(C) The commission's findings to support any changes to its rules must be based on sound scientific or technical evidence in the record demonstrating that rules more protective than the guidelines set forth in section 404 (b)(1) of the federal act are necessary to protect the chemical, physical, and biological integrity of state waters. The findings must be accompanied by a statement of basis and purpose referring to and evaluating the information and studies contained in the record, which form the basis for the commission's conclusion.

(b) Rules for individual authorizations. The commission shall promulgate rules by December 31, 2025, concerning individual authorizations for dredge and fill activities. The rules must include:

(I) Application requirements, including:

(A) Project location information;

(B) A project description, including site plans;

(C) An alternatives analysis;

(D) A purpose and need statement;

(E) A description of avoidance and minimization measures;

(F) A projected impacts analysis; and

(G) A compensatory mitigation plan;

(II) A prohibition against the discharge of dredged or fill material where there is a practicable alternative to the proposed discharge that would have less adverse impact on state waters so long as the alternative does not have other significant adverse environmental consequences. Any purpose and need statement, evaluation of alternatives, and impacts analysis developed through the section 404 permitting process shall be used for the purpose of implementing this prohibition. The rules must also include criteria for the division to use to implement the prohibition.

(III) Direction to the division to include conditions in individual authorizations, which conditions are designed to:

(A) Remove or reduce the impact to state waters of a discharge of dredged or fill material;

(B) Protect downstream uses;

(C) Address the direct, indirect, and cumulative impacts of the activity on the chemical, physical, and biological integrity of state waters; and

(D) Ensure that an authorized activity as a whole will comply with all applicable state water quality requirements, either as proposed or as conditioned in the authorization; and

(IV) Other individual authorization terms, such as monitoring, record-keeping, and reporting requirements.

(c) Rules for compensatory mitigation. The commission shall promulgate rules by December 31, 2025, to provide details concerning compensatory mitigation requirements, including methods for assuring impacts to wetlands and streams are fully compensated through functional assessments and ratios that can be applied through individual mitigation projects or by applying acre-based ratios using the watershed approach as described by the United States Army corps of engineers.

(5) Duties of the division. The division has the following duties in administering the state dredge and fill discharge authorization program:

(a) Individual authorizations. (I) Upon the commission's promulgation of rules pursuant to subsection (4) of this section, the division shall issue individual authorizations consistent with the rules promulgated by the commission under subsection (4) of this section.

(II) In addition to any compensatory mitigation requirements the division determines are necessary to comply with the commission's rules and subsection (5)(c) of this section, for projects subject to the requirements of section 37-60-122.2 (1)(b), the division shall take into consideration the official state position regarding mitigation for fish and wildlife resources, which position is established pursuant to section 37-60-122.2 (1), and may adopt all or part of such position into individual authorizations as conditions.

(III) The division shall act upon an application for an individual authorization within two years after receiving a complete application. This period may be extended by a written agreement between the division and the applicant. This period may also be extended by the division if there are significant changes to the project that is the subject of the application or if there is significant new information concerning the environmental impacts of the project, in which case the division shall provide notice to the applicant of the extension in writing along with an explanation of the basis for the extension.

(IV) An individual authorization, including all conditions incorporated into the individual authorization, is subject to administrative reconsideration by the commission under section 25-8-403 and then judicial review under section 25-8-404.

(b) General authorizations - categories - definitions. (I) In addition to the division's authority in subsection (5)(b)(III) of this section to issue a statewide general authorization for discharges to isolated state waters, the division shall issue general authorizations for the discharge of dredged or fill material into state waters for categories of activities that are similar in nature and similar in impact on the quality of state waters, cause only minimal adverse impacts to state waters when performed separately, and have only minimal cumulative adverse impacts on state waters. The categories of general authorizations must correspond with the various nationwide and regional permits issued by the United States Army corps of engineers. The division may tailor the terms of certain nationwide or regional permits or create additional general authorizations to achieve greater efficiency and to address Colorado-specific needs, including but not limited to emergency response to wildfire and voluntary ecological restoration and enhancement projects.

(II) Beginning January 1, 2025, until the rules described in subsection (4) of this section are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers, as such permits apply to Colorado and subject to subsections (8)(b) and (8)(d) of this section, constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction. The division shall recognize compliance with the applicable terms of the nationwide and regional general permits as constituting compliance with this section. Beginning January 1, 2025, an applicant seeking authorization for discharges of dredged or fill material into state waters that are not subject to federal jurisdiction shall submit to the division any preconstruction notification required under the applicable nationwide or regional general permit. If the applicable nationwide or regional general permit requires compensatory mitigation, the applicant shall obtain a temporary authorization from the division pursuant to subsection (6)(a)(II) of this section before the commencement of the activity.

(III) (A) As expeditiously as is prudent and feasible, the division shall issue a statewide general authorization for discharges to isolated state waters. For purposes of this subsection (5)(b)(III), "isolated state waters" are isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches.

(B) The division's statewide general authorization for discharges to isolated state waters does not include the following state waters, which may be isolated state waters: Fens or peatlands or kettle ponds. Discharges of dredged or fill material to these isolated state waters of significance require an authorization by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.

(C) The division's statewide general authorization for discharges to isolated state waters must identify best management practices to protect isolated state waters. The statewide general authorization for discharges to isolated state waters must not require preconstruction notification as described in subsection (5)(d) of this section.

(D) The division's statewide general authorization for discharges to isolated waters must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. A project in excess of one of these thresholds requires a permit by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.

(E) If the division issues the statewide authorization for discharges to isolated state waters described in this subsection (5)(b)(III) prior to the commission's rule-making described in subsection (4) of this section, the division shall notice the draft general authorization for public comment for sixty days prior to its issuance. The statewide general authorization for discharges to isolated state waters is subject to administrative review by the commission pursuant to section 25-8-403.

(F) The authorization term of the statewide general authorization for discharges to isolated state waters is five years.

(IV) General authorizations issued by the division are subject to administrative reconsideration by the commission under section 25-8-403; except that notices of authorization to conduct an activity under a general authorization are not subject to such administrative reconsideration but are subject to judicial review under section 25-8-404.

(c) Compensatory mitigation requirements. (I) The division shall include compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in:

(A) Greater than one-tenth of an acre of unavoidable adverse impacts to wetlands; or

(B) Greater than three-hundredths of an acre of unavoidable impacts to streams.

(II) Compensatory mitigation must compensate for all functions of state waters that will be lost as a result of the authorized activity. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or permittee-responsible mitigation.

(d) Preconstruction notifications. The division shall utilize the existing structure of preconstruction notifications in the nationwide and regional permits issued by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification. Where preconstruction notification is required by a general authorization before the commencement of an activity, the project proponent must provide at least thirty calendar days of preconstruction notice to the division unless a shorter notice is allowed under the terms of the applicable general authorization. After providing such preconstruction notification, the project proponent may commence the activity if:

(I) The division issues to the project proponent a notice of authorization in writing that the project proponent may commence the activity; or

(II) Forty-five calendar days elapse without the division providing the project proponent a notice of written objection to the activity or providing a notice that the division has determined the notification is incomplete, the activity does not meet the criteria for the category of activities covered by the general authorization, or the activity will not comply with all applicable federal and state statutory and regulatory requirements. A notice of written objection provided to a project proponent by the division must state the basis of the division's objections with specificity, is subject to direct judicial review under section 25-8-404, and is not subject to administrative reconsideration under section 25-8-403.

(e) Notices of authorization. The division may issue notices of authorization, where appropriate, to memorialize coverage under a general authorization. The division may include conditions in notices of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that the activity will have only minimal individual and cumulative adverse impacts on state waters.

(f) Administrative guidance. The division may establish guidance to assist in administering the dredge and fill discharge authorization program. Additionally, the division may rely upon relevant guidance from the federal environmental protection agency and the United States Army corps of engineers, including technical guidance and environmental analyses under the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4231 et seq., as amended, in administering the program, to the extent such guidance is consistent with this section and the commission's rules.

(g) Western slope staff. The division may, to the extent resources allow, establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area.

(6) Transition - repeal. (a) Until the rules promulgated by the commission pursuant to subsection (4) of this section become effective and the division issues general authorizations under the rules:

(I) Notwithstanding subsection (8)(a) of this section, Clean Water Policy 17 continues in effect until January 1, 2025;

(II) For activities that do not qualify for enforcement discretion under Clean Water Policy 17 because the activities would require compensatory mitigation, and for activities that proceed under a federal nationwide or regional permit pursuant to subsection (5)(b)(II) of this section and that require compensatory mitigation, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters:

(A) Where any required compensatory mitigation is associated only with streams and not wetlands and would result in net increases in the functions and services of state waters; or

(B) Where the applicant shows proof of purchase of mitigation bank credits that meet or exceed the compensatory mitigation requirements that would have been applicable under the federal nationwide or regional permit; and

(III) Temporary authorizations must include conditions necessary to protect the public health and the environment and to meet the intent of this section. The division may issue a temporary authorization for a period not to exceed two years, and a temporary authorization expires as provided in the issuance or denial of the final notice of authorization. The final notice of authorization must include such terms and conditions, including those for compensatory mitigation, as are necessary to address discharges that occurred under the temporary authorization.

(b) This subsection (6) is repealed, effective September 1, 2026.

(7) Relationship to section 25-8-104. The rules promulgated pursuant to this section are subject to, and do not amend or limit, the restrictions described in section 25-8-104.

(8) Applicability and scope of dredge and fill discharge authorization program - prohibitions on discharge without an authorization - definitions. (a) Except when conducting an exempted activity described in subsection (8)(b) of this section or when discharging into an excluded type of water described in subsection (8)(d) of this section, a person shall not discharge dredged or fill material into state waters without first obtaining coverage under a general authorization or an individual authorization for the discharge.

(b) The following activities are exempt from the requirements of this section and do not require a discharge authorization:

(I) Activities in receipt of an active section 404 permit that was issued prior to May 25, 2023;

(II) Activities in receipt of an approved jurisdictional determination issued by the United States Army corps of engineers prior to May 25, 2023, finding that the state waters into which the proposed discharge of dredged or fill material will occur are not waters of the United States unless there has been a significant hydrological change since the determination was issued;

(III) Activities in receipt of an active section 404 permit that was issued on or after May 25, 2023, except to the extent that the project area of the section 404 permit involves a discharge of dredged or fill material into state waters that have been determined by the United States Army corps of engineers to not be waters of the United States under the section 404 permit and are not otherwise excluded under this section;

(IV) Activities associated with a project for which the project proponent applied for an individual section 404 permit prior to May 25, 2023;

(V) Normal farming, silviculture, and ranching activities, such as plowing; seeding; cultivating; minor drainage; application of on-farm chemicals; harvesting for the production of food, fiber, and forest products; or upland soil and water conservation practices. As used in this subsection (8)(b)(V), "upland soil and water conservation practices" means any discharge of dredged or fill material into state waters incidental to soil and water conservation practices for the purpose of improving, maintaining, or restoring uplands, including rangeland management practices, erosion control practices, and vegetation management practices.

(VI) Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures, such as dikes, dams, levees, lagoons, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance also includes minor deviations in a structure's configuration or filled area to accommodate changes in materials, construction techniques, regulatory requirements, or construction codes or safety standards.

(VII) Construction or maintenance of farm ponds, stock ponds, farm lagoons, springs, recharge facilities located in uplands, and irrigation ditches or acequias, or maintenance of a drainage ditch, roadside ditch, or a ditch or canal conveying wastewater or water. Construction of new work or to extend, expand, or relocate an irrigation ditch or acequia for municipal or industrial purposes is not an exempt activity. As used in this subsection (8)(b)(VII):

(A) "Construction" includes new work and work that results in an extension or expansion of an existing structure, and the construction of irrigation ditches or acequias includes activities such as placement of new control structures, ditch relocation, ditch conversion into pipe, and lining, which means placing impervious material such as concrete, clay, or geotextile within the flow perimeter of an open canal, lateral, or ditch with the intent of reducing seepage losses and improving conveyance efficiency. All new lining of ditches, in instances where the ditch has not previously been lined, is considered construction.

(B) "Irrigation ditch or acequia" includes a human-made feature or a maintained natural feature if use of the maintained natural feature existed on January 1, 2024, and an upland swale that moves or conveys water to an ultimate irrigation use or place of use, or moves or conveys irrigation water, also known as "runoff", away from irrigated lands. "Irrigation ditch or acequia" may include a distribution system or its parts, including human-made canals, laterals, ditches, siphons, pumps, headgates, wing walls, weirs, diversion structures, pipes, pump systems, return structures, and such other facilities appurtenant to and functionally related to irrigation ditches. If a ditch carries water that is used for irrigation, irrigation return flows or return flow obligations, aquifer recharge, aquifer or stream augmentation or replacement, or precipitation or snowmelt that moves from an irrigated field either to or away from an area subject to being irrigated, that ditch is considered an irrigation ditch and not a drainage ditch.

(C) "Maintenance" means maintenance pertaining to a human-made structure, such as a farm pond, stock pond, or maintained spring, or a maintained natural feature conveying water for irrigation or wildlife purpose if use of the maintained natural feature existed as of January 1, 2024; maintenance pertaining to a drainage ditch, a roadside ditch, or a ditch or canal conveying wastewater or water for irrigation or for municipal purposes, domestic purposes, industrial purposes, commercial purposes, augmentation, recharge, wildlife, recreation, compact compliance, or any other purpose; and maintenance pertaining to repairs to an existing structure or feature to keep it in its existing state or proper condition or to preserve it from failure or decline. Such maintenance includes excavation of accumulated sediments back to original contours; reshaping of side-slopes; bank stabilization to prevent erosion where reasonably necessary using best management practices and, for maintenance of drainage ditches, materials that are compatible with existing bank materials; armoring, lining, and piping for the purpose of repairing a previously armored, lined, or piped section of a ditch so long as all work occurs within the footprint of the previous work; and replacement of existing control structures where the original function is not changed and original approximate capacity is not increased.

(VIII) Construction of temporary sedimentation basins on a construction site, which construction does not include placement of fill material into state waters;

(IX) Construction or maintenance of farm roads or forest roads or temporary roads for moving wildfire and post-fire mitigation equipment and related materials or mining equipment where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of the state waters is not reduced, and that any adverse impacts on the state waters will be otherwise minimized;

(X) Activities for the purpose of providing emergency response to, preventative mitigation of, or recovery from damage caused by a fire, a flood, or other natural disaster so long as the activity is conducted in a manner that minimizes the loss of state waters to the extent practicable and in accordance with best management practices that do not interfere with efforts to address the underlying emergency;

(XI) Maintenance of water reuse facilities, wastewater reclamation facilities, water management facilities, water treatment facilities, or wastewater water treatment facilities. Such maintenance includes reconstruction due to recent damage or maintenance of currently serviceable structures, such as pumps, control systems, weirs, gates, clarifiers, solids handling, filters, sedimentation basins, treatment ponds and lagoons, and related features, which maintenance activities keep the facility in its existing state or proper condition to preserve it from failure or decline.

(XII) Maintenance activities in off-channel reservoirs that do not directly affect a connected natural stream. Such maintenance includes emergency reconstruction due to recent damage; maintenance of currently serviceable structures such as spillways, outlet structures, gates, pumps, and control systems; and reshaping of side slopes, bank stabilization, or dredging, which maintenance activities keep an off-channel reservoir in its existing state or proper condition and to preserve it from failure or decline.

(XIII) Wildlife habitat management activities, including seeding, cultivating, minor drainage, vegetation management, irrigating, water management, and maintenance of ditches, dikes, embankments, impoundments, water control features, and other water conveyance features that are human-made or maintained or that occur naturally to support wildlife habitat. "Wildlife habitat management" means activities that occur on land managed primarily for wetland or riparian habitats to support wetland and riparian species and does not include activities that are incidental to land used for residential, industrial, or commercial purposes.

(c) Recapture provision - rules. Consistent with section 404 (f)(2) of the federal act, any discharge of dredged or fill material into state waters incidental to any activity that brings an area of the state waters into a use to which it was not previously subject, where the flow or circulation of state waters may be impaired or where the reach of such waters may be reduced, is not included within the exempted activities described in subsection (8)(b) of this section. The commission may further clarify the effect of this subsection (8)(c) through rule-making.

(d) Excluded types of waters - definitions. Notwithstanding the definition of "state waters" provided in section 25-8-103 (19), an authorization is not required for the discharge of dredged or fill material into the following types of waters, and such a discharge is not otherwise prohibited or regulated under this section:

(I) All portions of ditches and canals that are excavated on upland and that convey water or wastewater;

(II) Storm water control features that are constructed to convey, treat, or store storm water and that are created in upland;

(III) Artificially irrigated areas that would revert to uplands if irrigation ceased;

(IV) Artificial lakes, lagoons, or ponds that are created entirely by excavating or diking upland to collect and retain water and that are used exclusively for stock watering, irrigation, settling basins, or rice growing;

(V) Wetlands that are adjacent to a ditch or canal and supported by water in the adjacent ditch or canal;

(VI) Recharge facilities, including ponds, included in uplands for the purpose of facilitating recharge of aquifers or streams;

(VII) Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating or diking upland to retain water for primarily aesthetic reasons;

(VIII) Water-filled depressions created in uplands incidental to mining or construction activity and pits excavated in uplands for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting water feature is state waters;

(IX) Swales and erosional features, such as gullies, small washes, and rills, that do not contain wetlands or an ordinary high watermark;

(X) Groundwater. As used in this subsection (8)(d)(X), "groundwater" means subsurface waters in a zone of saturation that are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas. "Groundwater" does not include wetlands.

(XI) Prior converted cropland. As used in this subsection (8)(d)(XI), "prior converted cropland" means any area that, prior to December 23, 1985, was drained or otherwise manipulated for agricultural purposes, which includes land use that makes the production of an agricultural product possible, including grazing and haying. Cropland that is left idle or fallow for conservation or agricultural purposes for any period of time remains in agricultural use and, if the cropland otherwise qualifies under this subsection (8)(d)(XI), is prior converted cropland. The commission and the division shall recognize designations of prior converted cropland made by the United States secretary of agriculture. An area is no longer considered prior converted cropland if the area is abandoned and has reverted to wetlands. Abandonment occurs when prior converted cropland is not used for, or in support of, agricultural purposes at least once in the immediately preceding five years. The division shall determine whether prior converted cropland has been abandoned, subject to appeal to the commission.

(9) For the 2024-25 state fiscal year and for each state fiscal year thereafter, if the total number of authorizations issued pursuant to subsection (5) of this section exceeds or is projected by the department of public health and environment to exceed one hundred ten authorizations, the department of public health and environment shall seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner.
C.R.S. § 25-5-1306 — CO Code / Title 25 / Article 5 / Part 13 / Section 25-5-1306
25-5-1306. Certificate of compliance
Status: in_force

25-5-1306. Certificate of compliance. The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance must attest that a manufacturer's products meet the requirements of this part 13.
C.R.S. § 25-15-200.2 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-200.2
25-15-200.2. Legislative declaration
Status: in_force

25-15-200.2. Legislative declaration. (1) The general assembly hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matter of statewide concern, and the provisions of this part 2 are therefore enacted to provide an effective method of establishing such sites.

(2) It is the intent of the general assembly that generators of hazardous waste be encouraged to use on-site and off-site alternative treatment methods to reduce the amount of hazardous waste that must be discharged into the environment and the associated hazards to the health and welfare of the citizens of this state. Alternative management technologies which detoxify, stabilize, and reduce the amount of hazardous waste that must be buried are available. For such purpose, the provisions of this part 2 are enacted to allow the development of safe alternative methods for the treatment of hazardous waste and to provide a means for the designation of hazardous waste disposal sites when such methods are unable to obviate the need for hazardous waste disposal on land. Whereas the state of Colorado may be responsible for the perpetual care of hazardous waste land disposal facilities, alternative technologies such as incineration, resource recovery, or physical, chemical, or biological degradation should be implemented to the maximum extent possible.
C.R.S. § 25-27-114 — CO Code / Title 25 / Article 27 / Section 25-27-114
25-27-114. Direct care workers in assisted living residences - training - portability - rul
Status: in_force

25-27-114. Direct care workers in assisted living residences - training - portability - rules. [Editor's note: This section is effective January 1, 2025.] (1) (a) If an operator of an assisted living residence provides or pays for a portable test for a direct care worker or for qualified medication administration personnel employed by the assisted living residence, the operator shall make the results of the test available to the direct care worker or qualified medication administration personnel upon completion of the test.

(b) If, upon hire by an assisted living residence, a new employee provides proof of completion of a portable test, the operator of the assisted living residence may determine that the individual has satisfied related testing requirements or require the individual to complete new testing.

(c) The results of a tuberculosis test may be accepted for purposes of new employment records if presented to the new employer within two years after the testing date. Notwithstanding any provision of this section, the department may require additional testing as determined through administrative action, notice, rule, or state law.

(2) If an operator of an assisted living residence provides or pays for portable training for a direct care worker or qualified medication administration personnel employed by the operator, upon completion of the portable training, the operator or the entity that provides the portable training shall provide the individual who completes the portable training with a certificate of completion. The certificate of completion must include:

(a) The portable topic covered;

(b) The date of the portable training;

(c) The individual or entity that provided the portable training;

(d) Documentation of competency in the specific portable topic of the portable training; and

(e) Additional elements as determined by rule.

(3) (a) If, upon hire by an assisted living residence, a new direct care worker provides proof of completion of portable training, the assisted living residence shall ensure, in a form and manner determined by the operator, that the direct care worker has satisfied the related portable training requirements in order to ensure that each direct care worker can safely carry out the duties and responsibilities for the care and provision of services to residents.

(b) In addition to portable training, the operator of an assisted living residence shall ensure that each direct care worker receives any training required by rules adopted by the state board, or as set forth in state law, within the timelines set by state law or rule.

(4) The state board shall accept proof of a portable test or a certificate for portable training that is deemed sufficient by an assisted living residence operator as proof of completion of a portable test or portable training. The state board may, but is not required to, promulgate rules to define other portable tests or portable trainings as portable.

(5) If an assisted living residence operator accepts proof of portable training conducted by another entity, the assisted living residence operator shall ensure competency in a form and manner to be determined by the operator in order to ensure prior education and portable training are sufficient for the direct care worker to safely carry out the direct care worker's duties and responsibilities. An assisted living residence that currently employs a direct care worker is liable for any acts or omissions by the direct care worker employee that are directly related to the employee's previous portable training and the acceptance of the certification of completion of that training by the assisted living residence.
C.R.S. § 25-3.5-1301 — CO Code / Title 25 / Article 3.5 / Part 13 / Section 25-3.5-1301
25-3.5-1301. Definitions
Status: in_force

25-3.5-1301. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Community integrated health-care service agency" or "agency" means a sole proprietorship, partnership, corporation, nonprofit entity, special district, governmental unit or agency, or licensed or certified health-care facility that is subject to regulation under article 1.5 or 3 of this title that manages and offers, directly or by contract, community integrated health-care services.

(2) "Manager" or "administrator" means any person who controls and supervises or offers or attempts to control and supervise the day-to-day operations of a community integrated health-care service agency.

(3) "Medical direction" means the supervision over and direction of individuals who perform acts on behalf of an agency by a physician or advanced practice registered nurse who is licensed in Colorado, is in good standing, and is identified as being responsible for assuring the competency of those individuals in the performance of acts on behalf of the agency; except that, if the agency hires or contracts with a community paramedic, only a licensed physician in good standing may provide medical direction.

(4) "Owner" means an officer, director, general partner, limited partner, or other person having a financial or equity interest of twenty-five percent or greater.
C.R.S. § 25-4-2208 — CO Code / Title 25 / Article 4 / Part 22 / Section 25-4-2208
25-4-2208. Necessary document program - report - definition
Status: in_force

25-4-2208. Necessary document program - report - definition. (1) As used in this section, "necessary document" means:

(a) A social security card issued pursuant to 42 U.S.C. sec. 405 (c)(2)(G);

(b) One of the following documents issued in Colorado or analogous documents issued in another jurisdiction:

(I) A driver's license issued pursuant to part 1 of article 2 of title 42, C.R.S.;

(II) An identification card issued pursuant to part 3 of article 2 of title 42, C.R.S.; and

(III) A vital statistics certificate or vital statistics report issued pursuant to article 2 of this title; or

(c) Any document required as a condition of issuance of a document specified in paragraph (a) or (b) of this subsection (1).

(2) The office shall administer a necessary document program. The office shall make one or more grants per fiscal year to, enter into one or more vendor contracts with, or both, a nonprofit entity or collection of nonprofit entities that conduct a collaborative identification project to assist Colorado residents who are victims of domestic violence, impacted by a natural disaster, low-income, disabled, homeless, or elderly and who are seeking documentation of their identity, status, or citizenship by paying the fees to acquire a necessary document.

(3) The general assembly shall annually appropriate to the office up to three hundred thousand dollars from the general fund. The office shall expend the money for the purposes specified in this section, including up to fifteen thousand dollars for the office's direct and indirect costs in administering the necessary document program.

(4) Beginning January 1, 2032, and each five years thereafter, the department shall include, as part of its annual presentation to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, a report on the total number of necessary documents acquired on an annual basis and any significant technological changes or other developments that affect the need for, or operations of, the necessary document program.
C.R.S. § 25-8-1002 — CO Code / Title 25 / Article 8 / Part 10 / Section 25-8-1002
25-8-1002. Division duties - testing water quality at mobile home parks - parameters of tes
Status: in_force

25-8-1002. Division duties - testing water quality at mobile home parks - parameters of testing - notice of results. (1) Testing program. (a) By July 1, 2024, the division shall develop and begin conducting a program to test the quality of finished water at mobile home parks. The testing program is in addition to any other testing performed pursuant to this article 8. The division may contract with third-party entities to perform the testing.

(b) The division shall ensure that materials, information, and communications shared with members of the public related to the testing program are available in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice.

(c) The division shall test, in accordance with this section, finished water at:

(I) Twenty-five percent of the total number of parks by July 1, 2025;

(II) Fifty percent of the total number of parks by July 1, 2026;

(III) Seventy-five percent of the total number of parks by July 1, 2027; and

(IV) One hundred percent of the total number of parks by July 1, 2028.

(d) (I) The division shall begin testing by sampling the finished water and the water supply at parks that represent geographically diverse locations across Colorado, both in urban and rural locations, based on the following prioritization criteria, not listed in order of importance:

(A) Parks located in a census block group where at least forty percent of residents identify as a racial or ethnic minority;

(B) Parks in a geographic area that is known to produce contaminants in finished water because of the geology of the geographic area;

(C) Parks at a higher risk of experiencing cumulative effects on water quality because they are located in the most recent version of its census block group with a Colorado EnviroScreen score above the eightieth percentile;

(D) Parks where residents have requested testing;

(E) Parks where residents have submitted complaints, including consideration of the largest number of complaints, about the quality of the finished water to the department, to the division of housing, or to the ombudsperson;

(F) Parks that are supplied with finished water from an unregulated water supply; and

(G) Parks the division determines should be prioritized.

(II) The division shall create a waiting list if requests for finished water testing at parks exceed the division's capacity for conducting the testing within thirty days after the request.

(2) Testing parameters. (a) In developing the testing program, the division shall interview residents of parks to understand resident experiences, including damage to appliances, health effects, and economic effects, and shall assess possible causes of concern about the quality of finished water, including concerns about finished water that has an abnormal color, odor, or taste. The division shall conduct the interviews in English, Spanish, or any other language requested by a resident or that the division determines is necessary to conduct the interview.

(b) In developing the testing program, the division shall determine and approve a specific sampling and testing plan for each park requiring any water quality testing that the division determines is necessary to assess the finished water's safety and quality and to assess park resident concerns identified in the interviews described in subsection (2)(a) of this section. The testing may include:

(I) Testing to determine if the water complies with the primary and secondary drinking water standards established by rule under sections 25-8-202 and 25-8-204 and with the maximum contaminant levels or secondary maximum contaminant levels established by the United States environmental protection agency;

(II) Testing to evaluate hardness, iron, calcium, and total dissolved solids; and

(III) Testing for chemicals with health advisory levels if the division believes the chemicals may be present in the finished water.

(c) Each approved sampling and testing plan is subject to review and revision by the department.

(d) The division is authorized to not test finished water at a park for a specific contaminant if information exists showing the contaminant is not near or in excess of the standard in the finished water or if testing of the contaminant is already required by a park's registration as a public water system.

(e) The division shall require that any sampling and analysis performed in the field for the testing program be conducted by a qualified professional, as determined by the division.

(f) In implementing the testing program, the division shall:

(I) Use the sample hold times for valid sampling in accordance with the rules promulgated under sections 25-8-202 and 25-8-204; and

(II) Avoid testing within a mobile home without the owner's or renter's consent and evaluate possible alternate testing locations, including pedestals and service lines.

(3) Notice of test results. (a) Test results obtained in accordance with this section are public records. The division shall make the test results accessible as soon as possible on a public website on which the test results may be viewed in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice.

(b) (I) Within ten days after receiving the test results, the division shall notify the following persons of the test results obtained in accordance with this section for each park:

(A) The park owner;

(B) The county department of health where the park is located;

(C) The municipality, if any, where the park is located;

(D) The division of housing in the department of local affairs;

(E) The water supplier; and

(F) The ombudsperson.

(II) If test results show that a park's finished water has a water quality issue, the division's notification described in subsection (3)(b)(I) of this section must include:

(A) A summary of the test results and information concerning the availability of the complete test results;

(B) Information about any violation of water quality standards for finished water;

(C) Guidance about any actions residents should take in light of any violations of water quality standards for finished water;

(D) Guidance about the remediation process, as described in section 25-8-1003; and

(E) Information about the grant program.

(c) (I) Upon receiving notice of test results in accordance with subsection (3)(b)(I)(A) of this section, the park owner shall notify the park residents of the test results within five days in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice and include in the notice the information and guidance received from the division in accordance with subsection (3)(b)(II) of this section. The park owner shall use a professional translator to provide the notice in any language other than English. After giving the notice, the park owner shall certify to the division that the park owner has notified the residents.

(II) In addition to directly notifying residents, a park owner shall also post the notice of test results in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice in a clearly visible location in park common areas, including any community hall or recreation hall. The notice must:

(A) Remain clearly visible in the common area for at least one hundred twenty days after the date it is posted; and

(B) Use a translation provided by a professional translator.

(III) If a park owner fails to provide and post the notice required by subsections (3)(c)(I) and (3)(c)(II) of this section to residents within five business days after receipt of the notice from the division, the park owner is subject to section 38-12-1104 and part 2 of article 12 of title 38.
C.R.S. § 25-27-104.3 — CO Code / Title 25 / Article 27 / Section 25-27-104.3
25-27-104.3. Involuntary discharge - notice - grievance process - appeal - hearing - rules -
Status: in_force

25-27-104.3. Involuntary discharge - notice - grievance process - appeal - hearing - rules - definition. (1) (a) (I) Except as provided in subsection (1)(c) of this section, an assisted living residence shall provide written notice of any involuntary discharge of a resident at least thirty calendar days in advance of the discharge to:

(A) The resident;

(B) The resident's legal representative; and

(C) Any relative or other person listed as a contact person for the resident or designated to receive notice of a discharge.

(II) Within five days after providing written notice to the resident, the residence shall send the discharge notice to the state long-term care ombudsman and the local ombudsman.

(b) (I) At a minimum, the notice of discharge must include a detailed explanation of the reason or reasons for the involuntary discharge, including:

(A) Facts and evidence supporting each reason given by the residence;

(B) A recounting of events leading to the involuntary discharge, including interactions with the resident over a period of time prior to the notice, and actions taken to avoid discharge and the timing of those actions;

(C) A statement that the resident or a person listed in subsection (1)(a)(I) of this section has the right to file a grievance with the residence challenging the involuntary discharge within fourteen days after the written notice, that the residence's designee must provide a response to the grievance within five business days after receiving the grievance, and, if the resident or person filing the grievance is dissatisfied with the response, that the resident or person filing the grievance may appeal to the executive director of the department or the executive director's designee pursuant to subsection (3) of this section; and

(D) Names and contact information, including telephone numbers, addresses, and e-mail addresses, for the state long-term care ombudsman, the local ombudsman, and the department.

(II) If the residence's involuntary discharge of the resident is due to a medical or physical condition resulting in a required level of care that cannot be treated with medication or services routinely provided by the residence's staff or an external service provider, the notice must also include an assessment by the resident's physician or applicable health-care or behavioral health provider of the resident's current needs in relation to the resident's medical and physical condition.

(c) If the stated reason for the involuntary discharge is because the resident requires a level of care that cannot be met by the residence or the resident has demonstrated that the resident is a danger to the resident or others, thirty days' notice is not required. However, the residence shall give as much advance notice as is reasonable under the circumstances prior to the resident's removal from the residence. The residence must still provide written notice of the involuntary discharge pursuant to subsection (1)(b) of this section as soon as possible to the resident, other persons listed in subsection (1)(a)(I) of this section, and the state long-term care ombudsman and the local ombudsman. Notwithstanding the resident's removal from the residence pursuant to this subsection (1)(c), the resident may file a grievance relating to the involuntary discharge within fourteen days after the resident's receipt of the written notice of involuntary discharge required pursuant to subsection (1)(b) of this section.

(2) (a) (I) Each assisted living residence shall designate an individual to receive grievances, pursuant to subsection (2)(a)(II) of this section, relating to the involuntary discharge of a resident.

(II) A resident or any person listed in subsection (1)(a)(I) of this section may file a grievance with the designee within fourteen days after written notice is given to the resident pursuant to subsection (1)(b) or (1)(c) of this section challenging the involuntary discharge of the resident and the reasons for the discharge.

(III) A resident or a person listed in subsection (1)(a)(I) of this section filing a grievance shall submit the grievance in writing, cause it to be written, or state it orally to the designee, with the person filing the grievance providing some evidence of the oral submission of the grievance or a witness attesting to the oral submission.

(b) No later than five business days after a grievance has been submitted pursuant to subsection (2)(a) of this section, the designee shall provide a written response to the grievance to the resident, the persons listed in subsection (1)(a)(I) of this section, and the state long-term care ombudsman and the local ombudsman. The designee's written response must be accompanied by an oral explanation to the resident or person filing the grievance if appropriate because of the mental or physical condition of the resident or person filing the grievance.

(c) The state long-term care ombudsman or the local ombudsman may provide assistance to a resident or person filing a grievance in investigating, preparing, and filing the grievance pursuant to this subsection (2) or investigating, preparing, and filing an appeal of the designee's response to the grievance pursuant to subsection (3) of this section.

(3) If the resident or person filing the grievance is dissatisfied with the designee's written response, the resident or the person filing the grievance may appeal to the department for review of the designee's response to the grievance by filing the same grievance, the original notice and supporting documentation given to the resident pursuant to subsection (1)(b) or (1)(c) of this section, and the designee's written response pursuant to subsection (2)(b) of this section, including supporting documentation, along with any additional information or documentation, to the executive director of the department for the department's review. An appeal to the executive director of the department must be filed within five business days after the resident or person filing the grievance receives the designee's written response. The department shall review the grievance and response as soon as possible, but no later than sixty days after receiving the appeal, to determine whether the involuntary discharge complies with the law and the process established in this section. The department may confer with or receive information from the resident, the residence, and the state long-term care ombudsman and the local ombudsman concerning the involuntary discharge.

(4) (a) The assisted living residence shall not take any punitive or retaliatory action against a resident due to the resident filing a grievance or appeal pursuant to this section and shall continue to assist with planning a discharge or transfer of the resident while the grievance or appeal to the department is pending.

(b) If the stated reason for the involuntary discharge is for nonpayment of monthly services or room and board, the residence may discharge the resident on the thirty-first day after the written notice of discharge has been provided to the resident. If it is determined through the grievance and appeal process that the resident substantially complied with payments due to the residence, the residence shall allow the resident to return to the residence.

(5) If the resident, the person filing the grievance or the appeal, or the assisted living residence is dissatisfied with the findings and recommendations of the department, that resident, person, or residence may request a hearing conducted by the department pursuant to section 24-4-105.

(6) (a) No later than January 1, 2024, the state board shall promulgate rules necessary to implement the grievance process set forth in this section.

(b) Prior to the board's adoption of rules for the implementation of the grievance process, the department shall confer with the advisory committee established in section 25-27-110 for the purpose of making recommendations to the board concerning rules relating to the grievance process.

(7) As used in this section, "designee" means the individual designated by the assisted living residence to receive grievances relating to an involuntary discharge of a resident pursuant to subsection (2)(a)(I) of this section.