C.R.S. § 25-8-205.5 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205.5
25-8-205.5. Pollution from agricultural chemicals - rules
Status: repealed

25-8-205.5. Pollution from agricultural chemicals - rules. (1) Legislative declaration. The general assembly hereby declares that the public policy of this state is to protect state waters and the environment from impairment or degradation due to the improper use of agricultural chemicals while allowing for their proper and correct use, in particular, to provide for the management of agricultural chemicals to prevent, minimize, and mitigate their presence in state waters and to provide for the education and training of agricultural chemical applicators and the general public regarding the protection of state waters, agricultural chemical use, and the use of other agricultural methods.

(2) Repealed.

(3) Powers and duties of the commissioner of agriculture. (a) The commissioner of agriculture shall identify agricultural management areas in the state.

(b) The commissioner shall promulgate rules for the following:

(I) Facilities for the storage of pesticides in bulk, except for facilities storing pesticides used for water treatment at public water systems, which are systems used to provide the public with piped water for human consumption, and domestic wastewater treatment works;

(II) Mixing and loading areas where any of the following are handled in any one-year period:

(A) Five hundred gallons or more, in the aggregate, of formulated product or combination of formulated products of liquid pesticides;

(B) Three thousand pounds or more, in the aggregate, of formulated product or combination of formulated products of dry pesticides;

(C) One thousand five hundred pounds or more, in the aggregate, of active ingredients of pesticides;

(III) Storage facilities where any liquid fertilizer is stored in any container or series of interconnected containers having a capacity greater than five thousand gallons;

(IV) Storage facilities where fifty-five thousand pounds or more, in the aggregate, of formulated product or combination of formulated products of bulk dry fertilizer are stored;

(V) Mixing and loading areas at any storage facility subject to the provisions of this section.

(b.1) No rule promulgated pursuant to paragraph (b) of this subsection (3) shall apply to any field mixing and loading of agricultural chemicals.

(b.2) Every rule promulgated pursuant to paragraph (b) of this subsection (3) shall include a three-year phase-in period after promulgation of the rule for persons subject to the rule.

(b.3) Pursuant to paragraph (h) of this subsection (3), the commissioner is authorized to enforce rules promulgated pursuant to paragraph (b) of this subsection (3).

(c) The commissioner may, in his discretion, develop best management practices for any other activity relating to the use of any agricultural chemical.

(d) If the commissioner determines that the use of best management practices is ineffective or insufficient to prevent or mitigate the pollution of state waters, the commissioner may require, by rule adopted pursuant to article 4 of title 24, the use of agricultural management plans.

(e) The commissioner is authorized to adopt, pursuant to article 4 of title 24, C.R.S., any other reasonable rules and regulations for the administration and implementation of this section.

(f) The commissioner is authorized to enter into an agreement with the Colorado cooperative extension service to provide training and education as specified in subsection (4) of this section.

(g) The commissioner shall perform the monitoring specified in subsection (5) of this section. The commissioner shall enter into an agreement with the department of public health and environment to assist in the identification of agricultural management areas and to perform analysis, interpretation, and reporting of state waters monitoring data supplied by the commissioner.

(h) With respect to any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) only, the commissioner shall have the following investigation and enforcement powers:

(I) At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:

(A) To all areas, buildings, yards, warehouses, and storage facilities in which any agricultural chemicals are kept, stored, handled, processed, or transported; and

(B) To all records, if any, required to be kept and to make copies of such records.

(II) The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

(III) Any complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on any such person subject to a rule or regulation adopted pursuant to paragraph (b) of this subsection (3).

(IV) (A) Whenever the commissioner has reasonable cause to believe that a violation of any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any such rule or regulation. Such cease-and-desist order shall set forth the rule or regulation alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.

(B) At any time after the date of the service of the order to cease and desist, the person may request a hearing on the question of whether or not such violation has occurred. Such hearing shall be concluded in not more than ten days after such request, excluding Saturdays, Sundays, and any legal holidays, and shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.

(C) In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.

(D) No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.

(E) Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.

(V) Whenever the commissioner possesses evidence satisfactory to him that any person has engaged in or is about to engage in any act or practice constituting a violation of any rule or regulation adopted pursuant to paragraph (b) of this subsection (3), he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with the rule or regulation. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

(VI) (A) Any person who violates any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation. Each day the violation occurs shall constitute a separate violation.

(B) No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(C) If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(D) Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.

(4) Training and education. The Colorado cooperative extension service, acting in cooperation with the commissioner of agriculture and pursuant to any contract authorized in paragraph (f) of subsection (3) of this section, shall disseminate information and provide training regarding agricultural management areas, best management practices, and agricultural management plans.

(5) Monitoring. Pursuant to the commissioner's duties as set forth in any contract authorized in subsection (3)(g) of this section, the commissioner shall identify agricultural management areas and shall conduct monitoring programs to determine:

(a) The presence of any agricultural chemical in state waters at a level that meets or exceeds any water quality standard applicable under this article 8 or that has a reasonable likelihood of meeting or exceeding any such standard; or

(b) The likelihood that an agricultural chemical will enter the state waters, based upon the existence of sufficient, valid scientific data that reasonably predict the behavior of a particular agricultural chemical in the soil.

(6) Reporting of monitoring results - regulation. (a) If the division determines that any agricultural chemical exists at a level which meets or exceeds any water quality standard or which has a reasonable likelihood of meeting or exceeding any such standard, it shall so notify the commissioner of agriculture and shall provide him with any written reports it deems necessary or desirable to define the extent of such occurrence. When the commissioner has been notified of such an occurrence related to an agricultural chemical which is registered as a pesticide, he shall take reasonable steps to notify the registrant of any such pesticide. When the commissioner has been notified of such an occurrence related to any other agricultural chemical, he shall take reasonable steps to notify the distributors of such chemical in the area affected by such occurrence.

(b) Unless such occurrence is determined by the commissioner of agriculture and the water quality control commission to require a control regulation as set forth in paragraph (c) of this subsection (6), the commissioner of agriculture may promulgate rules and regulations regarding the use of any agricultural chemical giving rise to the occurrence.

(c) If continued monitoring reveals that rules and regulations adopted by the commissioner pursuant to this section are not preventing or mitigating the presence of the subject agricultural chemical to the extent necessary, the commissioner of agriculture and the water quality control commission shall confer and determine whether an amendment to such rules and regulations may be sufficient to prevent or mitigate the occurrence to the extent necessary. Only if the commissioner of agriculture and the water quality control commission determine that such rules and regulations have been or will be insufficient to meet the requirements of state law or the federal act shall the occurrence be referred to the water quality control commission for the promulgation of a control regulation. In the event that the commissioner of agriculture and the water quality control commission fail to agree on such a determination, the authority of the water quality control commission shall be final.

(7) Promulgation of control regulations. (a) With respect to the regulation of pollutants from agricultural chemicals, the water quality control commission is authorized to promulgate control regulations only when:

(I) Any occurrence has been referred to the commission pursuant to subsection (6) of this section; or

(II) Incentive, grant, and cooperative programs are determined by the water quality control commission to be inadequate as set forth in section 25-8-205 (5).

(b) Any such control regulations shall be promulgated in consultation with the commissioner of agriculture.

(8) Groundwater protection fund - transfer of moneys to the plant health, pest control, and environmental protection cash fund - fees. The fees as specified and collected pursuant to sections 35-9-118 (3)(a) and 35-12-106 (1), C.R.S., and any civil fines imposed pursuant to subparagraph (VI) of paragraph (h) of subsection (3) of this section shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3, C.R.S. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the groundwater protection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(9) Repealed.
C.R.S. § 25-17-307 — CO Code / Title 25 / Article 17 / Part 3 / Section 25-17-307
25-17-307. Charitable donations of electronic devices
Status: in_force

25-17-307. Charitable donations of electronic devices. (1) A charitable organization, as defined in section 6-16-103 (1), C.R.S., may:

(a) Refuse to accept a donation of an electronic device; and

(b) Establish a surcharge for acceptance of a donation of an electronic device.
C.R.S. § 25-17-701 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-701
25-17-701. Short title
Status: in_force

25-17-701. Short title. The short title of this part 7 is the "Producer Responsibility Program for Statewide Recycling Act".
C.R.S. § 25-7-137 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-137
25-7-137. Requirements for legislative approval of Grand Canyon visibility transport commi
Status: in_force

25-7-137. Requirements for legislative approval of Grand Canyon visibility transport commission or successor body advisory recommendations, reports, and interpretations. (1) The general assembly hereby finds, determines, and declares:

(a) That the Grand Canyon visibility transport commission (GCVTC) was created pursuant to section 169B of the federal act to issue a report directed toward protecting visibility in the Grand Canyon national park;

(b) That the GCVTC's tasks assigned under the federal act have been completed, and a successor body is being proposed;

(c) That protecting visibility is important to the people of Colorado, is an interstate issue, and is highly technical, complex, and subject to varying interpretations; and

(d) That the provisions of this section are enacted to preserve Colorado sovereignty and to enhance public notice and awareness of the GCVTC or its successor bodies' advisory recommendations, reports, or interpretations, and to ensure public confidence in the fairness of the implementation of any Colorado requirements.

(2) The governor or the governor's designee is encouraged to attend and participate in the successor body to the GCVTC. A stakeholder process shall be implemented to include representatives of the general assembly. The governor shall provide an annual report of the activities of the GCVTC or its successor bodies to the general assembly until such time as the governor has forwarded to the federal environmental protection agency notification that the state shall comply with the provisions of Title 40, code of federal regulations, part 51.308, adopted in accordance with the federal act. The goal of this process is to protect the interest of Colorado over air quality issues.

(3) No final recommendation or report or other action of the GCVTC or its successor bodies may impose any new or different requirements upon the regulated community or citizens of the state of Colorado unless approved or enacted by the general assembly acting by bill.
C.R.S. § 25-20-107 — CO Code / Title 25 / Article 20 / Section 25-20-107
25-20-107. Falsifying identification or misrepresenting condition
Status: in_force

25-20-107. Falsifying identification or misrepresenting condition. Any person who, with intent to deceive, provides, wears, uses, or possesses a false identifying device or identification card of the type described in section 25-20-103 (2) commits a petty offense.
C.R.S. § 25-7-106.8 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-106.8
25-7-106.8. Colorado clean vehicle fleet program
Status: repealed

25-7-106.8. Colorado clean vehicle fleet program. (Repealed)
C.R.S. § 25-8-210 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-210
25-8-210. Fees established administratively - rules - shareholding requirement - phase-in
Status: repealed

25-8-210. Fees established administratively - rules - shareholding requirement - phase-in period - clean water cash fund - creation - repeal. (1) (a) On or before October 31, 2025, the commission shall establish the following fees by rule:

(I) Drinking water fees assessed on public water systems pursuant to section 25-1.5-209 (1), as that section existed prior to its repeal on July 1, 2026;

(II) Commerce and industry sector permitting fees assessed pursuant to section 25-8-502 (1.1)(b), as that section existed prior to its repeal on July 1, 2026;

(III) Construction sector permitting fees assessed pursuant to section 25-8-502 (1.1)(c), as that section existed prior to its repeal on July 1, 2026;

(IV) Pesticide sector permitting fees assessed pursuant to section 25-8-502 (1.1)(d), as that section existed prior to its repeal on July 1, 2026;

(V) Public and private utilities sector permitting fees pursuant to section 25-8-502 (1.1)(e), as that section existed prior to its repeal on July 1, 2026;

(VI) Municipal separate storm sewer system sector permitting fees pursuant to section 25-8-502 (1.1)(f), as that section existed prior to its repeal on July 1, 2026;

(VII) Review fees assessed pursuant to section 25-8-502 (1.2) for requests for certification under section 401 of the federal act, as that section existed prior to its repeal on July 1, 2026;

(VIII) Preliminary effluent limitation determination fees assessed pursuant to section 25-8-502 (1.3)(b), as that section existed prior to its repeal on July 1, 2026;

(IX) Wastewater site application and design review fees assessed pursuant to section 25-8-502 (1.3)(c), as that section existed prior to its repeal on July 1, 2026;

(X) On-site wastewater treatment system fees assessed pursuant to section 25-10-107 (3), including rules establishing the percentage of the on-site wastewater treatment system fees collected that a county may retain to cover the county's administrative costs, as that section existed prior to its repeal on July 1, 2026; and

(XI) Biosolids management program fees assessed pursuant to section 30-20-110.5 (1), as that section existed prior to its repeal on July 1, 2026.

(b) The commission shall set the fees and periodically adjust the fees, and the general assembly may, by bill, annually adjust the fees, in an amount sufficient to cover the division's direct and indirect costs associated with administering and implementing the federal act, the federal "Safe Drinking Water Act", 42 U.S.C. sec. 300f et seq., section 25-1-114.1, part 2 of article 1.5 of this title 25, this article 8, and the "On-site Wastewater Treatment Systems Act", article 10 of this title 25.

(c) (I) The fee-setting rules adopted pursuant to subsection (1)(a) of this section must become effective on or before January 1, 2026. If the commission adopts rules authorizing the division to phase in the fee-setting rules, the division may require permit applicants, permit holders, and public water systems to pay fees as set by the fee-setting rules instead of the fees set forth in statute before July 1, 2026.

(II) If the commission establishes a process for the division's phase in of the fee-setting rules pursuant to subsection (1)(c)(I) of this section, the commission's rules must establish a process for the division's phase in of the fee-setting rules. The process established by rule must include notice to permit applicants, permit holders, and public water systems regarding the process, including requirements to post the process on the division's website and engage in community outreach regarding the process.

(III) This subsection (1)(c) is repealed, effective September 1, 2027.

(d) On or before December 31, 2025, the commission shall establish by rule the authorization fees for the dredge and fill program, as defined in section 25-8-205.1 (3). The division shall transmit the fees collected pursuant to the commission's fee-setting rules adopted under this subsection (1)(d) to the state treasurer, who shall credit the fees to the clean water cash fund created in subsection (4) of this section.

(2) (a) Before the commission adopts the fee-setting rules pursuant to subsection (1)(a) of this section or adopts any subsequent adjustments to the fees, and in accordance with section 25-8-502 (1.5)(c)(I)(B), the department of public health and environment shall conduct outreach to obtain stakeholder input regarding the total funding for the division, including federal money, money from the general fund, and all cash fees.

(b) Through the stakeholder process, the department of public health and environment shall identify the fee revenue needed for evaluation of the feasibility of treatment methods required to meet water quality standards and other regulations adopted or proposed for adoption, including the funding needed:

(I) To support the development of variances;

(II) To improve permit issuance processes to increase efficiency and facilitate the timely issuance of new permits;

(III) For renewal permits, permit modifications, and reducing permit backlog; and

(IV) For the preparation of cost-benefit analyses and regulatory analyses when required pursuant to section 24-4-103 (2.5) or (4.5) of the "State Administrative Procedure Act".

(c) In conducting stakeholder outreach, the department of public health and environment shall discuss with stakeholders the options for setting a cap on the amount of fee increases.

(d) Through the stakeholder process, the department of public health and environment shall seek input from:

(I) Owners and operators of regulated drinking water systems;

(II) Permit holders;

(III) County representatives;

(IV) Representatives of other local governments;

(V) Conservation groups;

(VI) Environmental justice groups; and

(VII) Community members, including members of disproportionately impacted communities as defined in section 24-4-109 (2)(b)(II).

(e) The department of public health and environment shall conduct outreach to and engagement of disproportionately impacted communities pursuant to this subsection (2) in accordance with section 24-4-109 (3).

(3) (a) (I) Upon the effective date of the rules adopted pursuant to subsection (1)(a) of this section and until June 30, 2026, the division shall transmit:

(A) The fees collected pursuant to the commission's fee-setting rules adopted under subsections (1)(a)(II) to (1)(a)(XI) of this section to the state treasurer, who shall credit the fees as directed by the division, either to the clean water cash fund created in subsection (4) of this section or to the statutory fund into which such fees were transmitted before May 17, 2023; and

(B) The fees collected pursuant to the commission's fee-setting rules adopted under subsection (1)(a)(I) of this section to the state treasurer, who shall credit the fees to the drinking water cash fund created in section 25-1.5-209 (2).

(II) This subsection (3)(a) is repealed, effective September 1, 2026.

(b) On and after July 1, 2026, the division shall transmit:

(I) The fees collected pursuant to the commission's fee-setting rules adopted under subsections (1)(a)(II) to (1)(a)(XI) of this section to the state treasurer, who shall credit the fees to the clean water cash fund created in subsection (4) of this section; and

(II) The fees collected pursuant to the commission's fee-setting rules adopted under subsection (1)(a)(I) of this section to the state treasurer, who shall credit the fees to the drinking water cash fund created in section 25-1.5-209 (2).

(4) (a) The clean water cash fund is created in the state treasury. The fund consists of:

(I) Fees collected pursuant to the commission's fee-setting rules adopted pursuant to subsections (1)(a)(II) to (1)(a)(XI) of this section;

(I.5) Money that the general assembly transfers to the fund pursuant to subsection (4)(d) of this section;

(II) Any other money that the general assembly may appropriate or transfer to the fund; and

(III) Any federal funds credited to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the clean water cash fund to the fund.

(c) The general assembly shall annually appropriate money from the sources specified in subsections (1)(a)(I) and (1)(a)(II) of this section in the clean water cash fund to the department for use by the division for the division's administration and implementation of the federal act and this article 8.

(d) For the 2026-27 state fiscal year and for each state fiscal year thereafter, the state treasurer shall transfer two hundred forty-eight thousand three hundred four dollars from the general fund to the clean water cash fund.
C.R.S. § 25-14-103.5 — CO Code / Title 25 / Article 14 / Part 1 / Section 25-14-103.5
25-14-103.5. Prohibition against the use of tobacco products and retail marijuana on school p
Status: repealed

25-14-103.5. Prohibition against the use of tobacco products and retail marijuana on school property - legislative declaration - education program - special account - definitions. (1) The general assembly finds that many of the schools in this state permit the use of tobacco products in and around school property. The general assembly further finds that secondhand smoke generated by such activity and the negative example set and frequently imitated by our school children are detrimental to the health and well-being of such children as well as to school teachers, staff, and visitors. Accordingly, the general assembly finds and declares that it is appropriate to create a safe and healthy school environment by prohibiting the use of tobacco products on all school property.

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

(a) "School" means a public nursery school, day care center, child care facility, head start program, kindergarten, or elementary or secondary school through grade twelve.

(b) "School property" means all property, whether owned, leased, rented, or otherwise used by a school, including, but not limited to, the following:

(I) All interior portions of any building used for instruction, administration, support services, maintenance, and storage and any other structure used by a school; except that such term shall not apply to a building primarily used as a residence;

(II) All school grounds surrounding any building specified in subparagraph (I) of this paragraph (b) over which the school is authorized to exercise dominion and control. Such grounds shall include any playground, athletic field, recreation area, and parking area; and

(III) All vehicles used by the school for the purpose of transporting students, workers, visitors, or any other persons.

(c) "Tobacco product" shall have the same meaning as set forth in section 18-13-121 (5), C.R.S.

(d) "Use" means the lighting, chewing, smoking, ingestion, or application of any tobacco product.

(3) (a) (I) The board of education of each school district shall adopt appropriate policies and rules that mandate a prohibition against the use of all tobacco products and all retail marijuana or retail marijuana products authorized pursuant to article 10 of title 44 on all school property by students, teachers, staff, and visitors and that provide for the enforcement of such policies and rules.

(II) Repealed.

(b) Signs regarding such prohibition and the consequences of violation shall be displayed prominently on all school property to ensure compliance no later than September 1, 1994.

(4) This section shall not be applicable to the use of a tobacco product in a limited classroom demonstration to show the health hazards of tobacco.

(5) The board of education of each school district is authorized to seek and accept gifts, donations, or grants of any kind from any private or charitable source or from any governmental agency to meet expenses required by this section. Such gifts, donations, and grants shall be accounted for separately, and, to the extent that such moneys are available, the board of education of each school district may maintain and operate an educational program designed to assist students, faculty, and staff to avoid and discontinue the use of tobacco products. Such program shall be offered at each school under the board's direction and control.

(6) This section shall not prohibit any school from enacting more stringent policies or rules than required by this section.
C.R.S. § 25-3.5-904 — CO Code / Title 25 / Article 3.5 / Part 9 / Section 25-3.5-904
25-3.5-904. Quality management programs - creation - assessments - confidentiality of inform
Status: in_force

25-3.5-904. Quality management programs - creation - assessments - confidentiality of information - exceptions - immunity for good faith participants. (1) Each emergency medical services organization that institutes a quality management program to conduct quality management assessments shall include in that program at least the following components:

(a) Periodic review of treatment protocols, compliance with treatment protocols, and prehospital emergency medical care provided to patients;

(b) Peer review of emergency medical service providers, including review of their qualifications and competence and quality and appropriateness of patient care;

(c) The collection of data if required pursuant to section 25-3.5-704 (2)(h)(II);

(d) A general description of the types of cases, problems, or risks to be reviewed and the process used for identifying potential risks;

(e) Identification of the personnel or committees responsible for coordinating quality management activities and the means of reporting within the quality management program;

(f) A description of the method for systematically reporting information to the organization's medical director;

(g) A description of the method for investigating and analyzing causes of individual problems and patterns of problems;

(h) A description of possible corrective actions to address the problems, including education, prevention, and minimizing potential problems or risks; and

(i) A description of the method for following up in a timely manner on corrective action to determine the effectiveness of the action.

(2) (a) Except as provided in subsection (2)(b) or (3) of this section, information required to be collected and maintained, including information from the prehospital care reporting system that identifies an individual, and records, reports, and other information obtained and maintained in accordance with a quality management program established pursuant to this section are confidential and shall not be released except to the department in cases of an alleged violation of board rules pertaining to emergency medical service provider certification or licensure or except in accordance with section 25-3.5-205 (4).

(b) (I) An emergency medical services organization or prehospital medical director may share quality management records related to peer review of an emergency medical service provider with another emergency medical services organization or a licensed or certified health-care facility that has a quality management program under this section or section 25-3-109, as applicable, without violating the confidentiality requirements of paragraph (a) of this subsection (2) and without waiving the privilege specified in subsection (3) of this section, if the emergency medical service provider seeks to subject himself or herself to, or is currently subject to, the authority of the emergency medical services organization or health-care facility.

(II) A health-care facility licensed or certified by the department pursuant to section 25-1.5-103 (1)(a) that has a quality management program pursuant to section 25-3-109 may share quality management records related to peer review of an emergency medical service provider with an emergency medical services organization or prehospital medical director if the emergency medical service provider seeks to subject himself or herself to, or is currently subject to, the authority of the emergency medical services organization or prehospital medical director without violating the confidentiality requirements of this subsection (2) and section 25-3-109 (3) and without waiving the privilege specified in subsection (3) of this section and section 25-3-109 (4).

(c) The confidentiality of information provided for in this section is not impaired or otherwise adversely affected solely because the prehospital medical director or emergency medical services organization submits the information to a nongovernmental entity to conduct studies that evaluate, develop, and analyze information about emergency medical care operations, practices, or any other function of emergency medical care organizations. The records, reports, and other information collected or developed by a nongovernmental entity remain protected as provided in paragraph (a) of this subsection (2). In order to adequately protect the confidentiality of the information, the findings, conclusions, or recommendations contained in the studies conducted by a nongovernmental entity are not deemed to establish a standard of care for emergency medical care organizations.

(3) (a) The records, reports, and other information described in subsection (2) of this section are not subject to subpoena and are not discoverable or admissible as evidence in any civil or administrative proceeding. A person who participates in the reporting, collection, evaluation, or use of quality management information with regard to a specific circumstance shall not testify about his or her participation in any civil or administrative proceeding.

(b) This subsection (3) does not apply to:

(I) Any civil or administrative proceeding, inspection, or investigation as otherwise provided by law by the department or other appropriate regulatory agency having jurisdiction for disciplinary or licensing sanctions;

(II) A person giving testimony concerning facts of which he or she has personal knowledge acquired independently of the quality management program or function;

(III) The availability, as provided by law or the rules of civil procedure, of factual information relating solely to the individual in interest in a civil suit by the person, next friend, or legal representative, but factual information does not include opinions or evaluations performed as a part of the quality management program;

(IV) A person giving testimony concerning an act or omission that he or she observed or in which he or she participated, notwithstanding any participation by him or her in the quality management program;

(V) A person giving testimony concerning facts he or she had recorded in a medical record relating solely to the individual in interest in a civil suit.

(4) A person, acting in good faith, within the scope and functions of a quality management program, and without violating any applicable laws, who participates in the reporting, collection, evaluation, or use of quality management information or performs other functions as part of a quality management program with regard to a specific circumstance is immune from liability in any civil action based on his or her participation in the quality management program brought by an emergency medical service provider or person to whom the quality management information pertains. This immunity does not apply to any negligent or intentional act or omission in the provision of care.

(5) Nothing in this section:

(a) Affects or prevents the voluntary release of any quality management record or information by a prehospital medical director or emergency medical services organization; except that no patient-identifying information may be released without the patient's consent;

(b) Limits any statutory or common-law privilege, confidentiality, or immunity; or

(c) Affects a person's ability to access his or her medical records as provided in section 25-1-801 or the right of any family member or other person to obtain medical record information upon the consent of the patient or his or her authorized representative.
C.R.S. § 25-18.5-102 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-102
25-18.5-102. Illegal drug laboratories - rules
Status: in_force

25-18.5-102. Illegal drug laboratories - rules. (1) The board shall promulgate rules in accordance with section 24-4-103, C.R.S., as necessary to implement this article, including:

(a) Procedures for testing contamination, evaluating contamination, and establishing the acceptable standards for cleanup of illegal drug laboratories involving methamphetamine;

(b) Procedures for a training and certification program for people involved in the assessment, decontamination, and sampling of illegal drug laboratories. The board may develop different levels of training and certification requirements based on a person's prior experience in the assessment, decontamination, and sampling of illegal drug laboratories.

(c) A definition of "assessment", "decontamination", and "sampling" for purposes of this article;

(d) Procedures for the approval of persons to train consultants or contractors in the assessment, decontamination, or sampling of illegal drug laboratories; and

(e) Procedures for contractors and consultants to issue certificates of compliance to property owners upon completion of assessment, decontamination, and sampling of illegal drug laboratories to certify that the remediation of the property meets the clean-up standards established by the board under paragraph (a) of this subsection (1).

(2) The board shall establish fees for the following:

(a) Certification of persons involved in the assessment, decontamination, and sampling of illegal drug laboratories;

(b) Monitoring of persons involved in the assessment, decontamination, and sampling of illegal drug laboratories, if necessary to ensure compliance with this article; and

(c) Approval of persons involved in training for consultants or contractors under paragraph (d) of subsection (1) of this section.

(3) The board shall adopt rules for determining administrative penalties for violations of this article, based on the factors enumerated in section 25-18.5-107 (2)(g).
C.R.S. § 25-11-201 — CO Code / Title 25 / Article 11 / Part 2 / Section 25-11-201
25-11-201. Definitions - scope
Status: in_force

25-11-201. Definitions - scope. (1) As used in this part 2, unless the context otherwise requires:

(a) "Disposal" means burial in soil, release through a sanitary sewerage system, incineration, or long-term storage with no intention of or provision for subsequent removal.

(b) "Facility" means a uranium or thorium mill, processing, or disposal facility required to be licensed pursuant to this article and a site for the facility.

(c) "Ore" means naturally occurring uranium-bearing, thorium-bearing, or radium-bearing material in its natural form prior to chemical processing, such as roasting, beneficiating, or refining, and specifically includes material that has been physically processed, such as by crushing, grinding, screening, or sorting.

(d) "Radioactive" means emitting alpha particles, beta particles, gamma rays, high-energy neutrons or protons, or other radioactive particles.

(e) "Radioactive waste" means low-level radioactive wastes containing source, special nuclear, or byproduct material that are acceptable for disposal in a land disposal facility. For the purposes of this paragraph (e), "low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material, as that term is defined in section 25-11-101 (1)(b), (1)(c), and (1)(d).

(f) "Technologically enhanced naturally occurring radioactive material" or "TENORM" means naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. "TENORM" does not include:

(I) Background radiation or the natural radioactivity of rocks or soils;

(II) "Byproduct material" or "source material", as defined by Colorado statute or rule; or

(III) Enriched or depleted uranium as defined by Colorado or federal statute or rule.

(g) "Type 2 byproduct material" means the subcategory of byproduct material specified in section 25-11-101 (1)(b).

(2) Nothing in this part 2 applies to, includes, or affects:

(a) The following naturally occurring radioactive materials or TENORM:

(I) Residuals or sludges from the treatment of drinking water by aluminum, ferric chloride, or similar processes; except that the material may not contain hazardous substances that otherwise would preclude receipt;

(II) Sludges, soils, or pipe scale in or on equipment from oil and gas exploration, production, or development operations or drinking water or wastewater treatment operations; except that the material may not contain hazardous substances that otherwise would preclude receipt;

(III) Materials from or activities related to construction material mining regulated under article 32.5 of title 34, C.R.S.; or

(b) The treatment, storage, management, processing, or disposal of solid waste, which may include naturally occurring radioactive material and TENORM, either pursuant to a certificate of designation issued under article 20 of title 30, C.R.S., or at a solid waste disposal site and facility considered approved or otherwise deemed to satisfy the requirement for a certificate of designation pursuant to article 20 of title 30, C.R.S., or section 25-15-204 (6).
C.R.S. § 25-17-303 — CO Code / Title 25 / Article 17 / Part 3 / Section 25-17-303
25-17-303. Landfill ban - rules
Status: in_force

25-17-303. Landfill ban - rules. By July 1, 2013, a person shall not dispose of an electronic device or a component of an electronic device in a landfill in this state; except that a board of county commissioners for a county that does not have at least two electronic waste recycling events per year or an ongoing electronic waste recycling program that serves residents of the county may, by majority vote of the commissioners and in compliance with the requirements of this section, exempt its residents from the ban established by this section. A county shall make a good-faith effort to secure the electronic waste recycling services before the board of commissioners may exempt the county's residents from the landfill ban. An exemption from the landfill ban is valid for two years, after which the board may vote on another two-year exemption after again making a good-faith effort to secure a vendor to provide the recycling services. A county is not required to pay for the recycling services. Counties that currently do not have such services are encouraged to work with the department of public health and environment and other entities, such as the Colorado association for recycling, or its successor organization, to find an electronics recycling vendor that will serve that county.
C.R.S. § 25-49-106 — CO Code / Title 25 / Article 49 / Section 25-49-106
25-49-106. Required disclosure to self-pay recipients - estimate of total cost of health-ca
Status: in_force

25-49-106. Required disclosure to self-pay recipients - estimate of total cost of health-care services upon request - deceptive trade practice - definition. (1) (a) Upon the request of a person seeking a health-care service who intends to self-pay for the service, designated billing or patient services personnel representing a health-care provider or a health-care facility shall provide, prior to the provision of the health-care service, a self-pay estimate, pursuant to subsection (3) of this section, of the total estimated cost to the recipient of the anticipated health-care service, except as prohibited by 42 U.S.C. sec. 1395dd.

(b) (I) Except as provided in subsection (1)(b)(II) of this section, the final cost of the health-care service for which the self-pay estimate was made must be no more than fifteen percent higher than the total estimated cost indicated in the self-pay estimate or four hundred dollars, whichever is less.

(II) The final cost of the health-care service for which the self-pay estimate was made may be more than fifteen percent higher than the self-pay estimate or four hundred dollars if a medical emergency occurs that is associated with the health-care service or if an additional, unforeseen, medically necessary health-care service is required during the provision of the health-care service. The health-care provider or health-care facility shall make all reasonable efforts to obtain the consent of the recipient or, if the recipient is incapacitated, the recipient's authorized agent prior to providing any emergency or unforeseen, medically necessary health-care service that will increase by more than fifteen percent the total cost indicated in the self-pay estimate or four hundred dollars, whichever is less.

(2) The right of a person to request a self-pay estimate prior to the receipt of a health-care service must be clearly and conspicuously stated by the health-care provider and posted at the health-care facility in a manner, in a location, and at a time reasonably calculated to inform the person of the right.

(3) The self-pay estimate must:

(a) Be in writing or, if the health-care provider or health-care facility is unable to provide a written self-pay estimate, the self-pay estimate and the following information must be stated in a recorded telephone call:

(I) The date and time of the telephone call;

(II) The telephone number of the consumer receiving the self-pay estimate;

(III) The manner in which consent for the self-pay estimate amount must be provided by the intended recipient;

(IV) The name of the intended recipient of the health-care service;

(V) The name of the health-care provider or health-care facility employee providing the self-pay estimate; and

(VI) Any other information material to the determination of the self-pay estimate;

(b) Include the total estimated cost of the health-care service, including an itemization of all necessary components of the service, which components may include a facility fee and the cost of personnel, imaging, medical tools or devices, and medicine;

(c) Be easy to understand by a person without knowledge of medical or technical jargon and with limited proficiency in math, science, and written and oral communication skills;

(d) Be provided in English or Spanish, if requested by the consumer; and

(e) Be provided within the following time frames:

(I) Not later than one business day after the date the primary item or service is scheduled if a primary item or service is scheduled at least three days before the primary item or service is provided;

(II) Not later than three business days after the date the primary item or service is scheduled if the primary item or service is scheduled at least ten business days before the primary item or service is provided; or

(III) Not later than three days after a request for a self-pay estimate.

(4) A provider or health-care facility that is in compliance with section 112 of Title I of division BB of the federal "No Surprises Act", and rules promulgated and determined by the federal centers for medicare and medicaid services under that act in 45 CFR 149.610, or any successor laws and regulations, is in compliance with this section.

(5) A violation of this section is a deceptive trade practice pursuant to section 6-1-105 (1)(yyy).

(6) As used in this section, "federal 'No Surprises Act'" means the federal "No Surprises Act", Pub.L. 116-260, as amended.
C.R.S. § 25-7-1103 — CO Code / Title 25 / Article 7 / Part 11 / Section 25-7-1103
25-7-1103. Powers and duties of air quality control commission - rules
Status: in_force

25-7-1103. Powers and duties of air quality control commission - rules. (1) The commission shall promulgate rules pursuant to section 24-4-103, C.R.S., as necessary to implement this part 11 under the requirements of the federal "Residential Lead-Based Paint Hazard Reduction Act of 1992", 15 U.S.C. secs. 2682, 2684, and 2686, as amended, including the following:

(a) Procedures for a training and certification program for persons and companies involved in inspection, risk assessment, planning, project design, supervision, or conduct of the abatement of surfaces containing lead-based paint, as such actions are defined in the federal "Residential Lead-based Paint Hazard Reduction Act of 1992", in target housing or child-occupied facilities;

(b) Performance standards and practices for lead abatement;

(c) Procedures for the approval of persons or companies who provide training or accreditation for workers, supervisors, inspectors, risk assessors, or project designers performing lead-based paint activities in target housing or child-occupied facilities;

(d) Procedures for notification to appropriate persons regarding lead-based paint projects in target housing or child-occupied facilities;

(e) Establishment of fees for certification of persons under paragraph (a) of this subsection (1), for any necessary monitoring of such persons to ensure compliance with this part 11, and for approval of persons or companies involved in the training or accreditation under paragraph (c) of this subsection (1); and

(f) (I) Requirements for each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

(II) If the federal funding necessary to comply with this paragraph (f) is revoked, the division shall not be required to comply with this paragraph (f) until such funding is restored.

(2) (a) The requirements for the training and certification program established by the commission under paragraph (a) of subsection (1) of this section shall not be more stringent than:

(I) The training and certification requirements established by the federal "Residential Lead-based Paint Hazard Reduction Act of 1992" or federal rules promulgated pursuant to such act; or

(II) The training and certification requirements of any program that has been established under the federal "Residential Lead-based Paint Hazard Reduction Act of 1992" and that has been approved by the federal environmental protection agency.

(b) The commission shall consider prior experience in abatement of lead-based paint hazards when establishing training and certification requirements.

(3) The provisions of this part 11 apply only to lead-based paint hazards.
C.R.S. § 25-20.5-1301 — CO Code / Title 25 / Article 20.5 / Part 13 / Section 25-20.5-1301
25-20.5-1301. Definitions
Status: in_force

25-20.5-1301. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Community behavioral health disaster preparedness and response program" or "program" means the community behavioral health disaster preparedness and response program created in section 25-20.5-1302.

(2) "Community behavioral health disaster response coordinator" or "response coordinator" means an individual who is designated by a community mental health center or other behavioral health provider to fulfill the duties and responsibilities of the response coordinator pursuant to section 25-20.5-1302.

(3) "Disaster" has the same meaning as set forth in section 24-33.5-703.
C.R.S. § 25-5-1301 — CO Code / Title 25 / Article 5 / Part 13 / Section 25-5-1301
25-5-1301. Short title
Status: in_force

25-5-1301. Short title. The short title of this part 13 is the "Firefighting Foams and Personal Protective Equipment Control Act".
C.R.S. § 25-8-507 — CO Code / Title 25 / Article 8 / Part 5 / Section 25-8-507
25-8-507. Program repeal
Status: repealed

25-8-507. Program repeal. If final federal agency action is taken revoking or withdrawing prior federal approval of all or any part of the state permit program, sections 25-8-203, 25-8-204, 25-8-501, 25-8-502, 25-8-503, and 25-8-505 and regulations adopted to implement such provisions are repealed as of the date of that final federal action.
C.R.S. § 25-2-105 — CO Code / Title 25 / Article 2 / Section 25-2-105
25-2-105. Vital statistics, reports, and certificates - forms and information to be includ
Status: in_force

25-2-105. Vital statistics, reports, and certificates - forms and information to be included. (1) The state registrar shall prescribe, furnish, and distribute such forms as are required by this article and shall furnish and distribute such rules as are promulgated pursuant to section 25-2-103. The state registrar may also prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration.

(2) The state registrar shall prescribe, furnish, and distribute such forms as are required by this article with respect to civil union certificates, as defined in section 14-15-103 (2), C.R.S.
C.R.S. § 25-11-101.5 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-101.5
25-11-101.5. Coordination of regulatory interpretations regarding in situ leach uranium minin
Status: in_force

25-11-101.5. Coordination of regulatory interpretations regarding in situ leach uranium mining. The general assembly recognizes that the proper and orderly regulation of in situ leach mining, as defined in section 34-32-103, C.R.S., for uranium ore has aspects that may involve more than one regulatory agency of state government and that the statutes that each agency is responsible for administering may, due to the use of terms of art and other technical words, phrases, and definitions, hold the potential of being interpreted inconsistently or to be held in conflict with each other. It is the intent of the general assembly that, with regard to in situ leach mining for uranium ore, the relevant agencies coordinate to the maximum extent practicable to resolve any such conflicts or inconsistencies.
C.R.S. § 25-3.5-704 — CO Code / Title 25 / Article 3.5 / Part 7 / Section 25-3.5-704
25-3.5-704. Statewide emergency medical and trauma care system - development and implementat
Status: in_force

25-3.5-704. Statewide emergency medical and trauma care system - development and implementation - duties of department - rules. (1) The department shall develop, implement, and monitor a statewide emergency medical and trauma care system in accordance with the provisions of this part 7 and with rules adopted by the board. Pursuant to section 24-50-504 (2), the department may contract with any public or private entity in performing any of its duties concerning education, the statewide trauma registry, and the verification process as set forth in this part 7.

(2) The board shall adopt rules for the statewide emergency medical and trauma care system, including but not limited to the following:

(a) Minimum services in rendering patient care. These rules ensure the appropriate access through designated centers to the following minimum services:

(I) Prehospital care;

(II) Hospital care;

(III) Rehabilitative care;

(IV) Injury prevention;

(V) Disaster medical care;

(VI) Education and research; and

(VII) Trauma communications.

(b) Transport protocols. The board shall set forth trauma transport protocols in these rules, which include but are not limited to a requirement that a facility that receives an injured person provide the appropriate available care, which may include stabilizing an injured person before transferring that person to the appropriate facility based on the person's injury. These rules ensure that when the most appropriate trauma facility for an injured person is not easily accessible in an area, that person will be transferred as soon as medically feasible to the nearest appropriate facility, which may be in or out of the state. These rules shall conform with applicable federal law governing the transfer of patients.

(c) Regional emergency medical and trauma advisory councils - plans established - process. (I) These rules provide for the implementation of regional emergency medical and trauma system plans that describe methods for providing the appropriate service and care to persons who are ill or injured in areas included under a regional emergency medical and trauma system plan. In these rules, the board shall specify that:

(A) The governing body of each county or city and county throughout the state shall establish a regional emergency medical and trauma advisory council (RETAC) with the governing body of four or more other counties, or with the governing body of a city and county, to form a multicounty RETAC. The number of members on a RETAC shall be defined by the participating counties. Membership shall reflect, as equally as possible, representation between hospital and prehospital providers and from each participating county and city and county. There shall be at least one member from each participating county and city and county in the RETAC. Each county within a RETAC shall be located in reasonable geographic proximity to the other counties and city and counties within the same RETAC. In establishing a RETAC, the governing body shall obtain input from health-care facilities and providers within the area to be served by the RETAC. If the governing body for a county or city and county fails to establish a RETAC by July 1, 2002, two counties with a combined population of at least seven hundred fifty thousand residents may apply to the council for establishment of a RETAC of fewer than four counties. The council shall conduct a hearing with all counties that may be affected by the establishment of a RETAC with fewer than four counties before deciding whether to grant such application. The decision on such an application shall be completed within sixty days after the date of application. For all other counties that do not qualify as a two-county RETAC and that have not established a RETAC by July 1, 2002, the council shall designate an established RETAC to serve as the county's or city and county's RETAC.

(B) No later than July 1, 2003, each RETAC with approval from the governing bodies for a multicounty RETAC shall submit a regional emergency medical and trauma system plan to the council for approval by the department. If the governing body for a county or city and county fails to submit a plan, if a county or city and county is not included in a multicounty plan, or, if a multicounty plan is not approved pursuant to a procedure established by the board for approving plans, the department shall design a plan for the county, city and county, or multicounty area.

(II) In addition to any issues the board requires to be addressed, every regional emergency medical and trauma system plan shall address the following issues:

(A) The provision of minimum services and care at the most appropriate facilities in response to the following factors: Facility-established triage and transport plans; interfacility transfer agreements; geographical barriers; population density; emergency medical services and trauma care resources; and accessibility to designated facilities;

(B) The level of commitment of counties and city and counties under a regional emergency medical and trauma system plan to cooperate in the development and implementation of a statewide communications system and the statewide emergency medical and trauma care system;

(C) The methods for ensuring facility and county or city and county adherence to the regional emergency medical and trauma system plan, compliance with board rules and procedures, and commitment to the continuing quality improvement system described in paragraph (h) of this subsection (2);

(D) A description of public information, education, and prevention programs to be provided for the area;

(E) A description of the functions that will be contracted services; and

(F) The identification of regional emergency medical and trauma system needs through the use of a needs assessment instrument developed by the department; except that the use of such instrument shall be subject to approval by the counties and city and counties included in a RETAC.

(III) The board shall specify in regional emergency medical and trauma system plan rules the time frames for approving regional emergency medical and trauma system plans and for resubmitting plans, as well as the number of times the plans may be resubmitted by a governing body before the department designs a plan for a multicounty area. The department shall provide technical assistance to any RETAC for preparation, implementation, and modification, as necessary, of regional emergency medical and trauma system plans.

(IV) (A) A county may request that the county be included in two separate RETACs because of geographical concerns. The council shall review and approve any request that a county be divided prior to inclusion within two separate RETACs if the county demonstrates such a division will not adversely impact the emergency medical and trauma needs for the county, that such a division is beneficial to both RETACs, and that such division does not create a RETAC with fewer than five contiguous counties, except for RETACs that contain two counties with a combined population of at least seven hundred fifty thousand residents pursuant to sub-subparagraph (A) of subparagraph (I) of this paragraph (c).

(B) A county that is included in two separate RETACs may request that the council allocate any portion of the fifteen thousand dollars received by a RETAC, pursuant to section 25-3.5-603, between the two separate RETACs.

(d) Designation of facilities. The designation rules shall provide that every facility in this state required to be licensed in accordance with article 3 of this title and that receives ambulance patients shall participate in the statewide emergency medical and trauma care system. Each such facility shall submit an application to the department requesting designation as a specific level trauma facility or requesting nondesignation status. A facility that is given nondesignated status shall not represent that it is a designated facility, as prohibited in section 25-3.5-707. The board shall include provisions for the following:

(I) The criteria to be applied for designating and periodically reviewing facilities based on level of care capability providing trauma care. In establishing such criteria, the board shall take into consideration recognized national standards including, but not limited to, standards on trauma resources for optimal care of the injured patient adopted by the American college of surgeons' committee and the guidelines for trauma care systems adopted by the American college of emergency physicians.

(II) A verification process;

(III) The length of a designation period;

(IV) The process for evaluating, reviewing, and designating facilities, including an ongoing periodic review process for designated facilities, which process shall take into account the national standards referenced in subparagraph (I) of this paragraph (d). Each facility shall be subject to review in accordance with rules adopted pursuant to this paragraph (d). In the event a certified facility seeks to be designated at a different level or seeks nondesignation status, the facility shall comply with the board's procedures for initial designation.

(V) Disciplinary sanctions, which shall be limited to the revocation of a designation, temporary suspension while the facility takes remedial steps to correct the cause of the discipline, redesignation, or assignment of nondesignation status to a facility;

(VI) A designation fee established in accordance with section 25-3.5-705; and

(VII) An appeals process concerning department decisions in connection with evaluations, reviews, designations, and sanctions.

(e) Communications system. (I) The communications system rules shall require that a regional emergency medical and trauma system plan ensure citizen access to emergency medical and trauma services through the 911 telephone system or its local equivalent and that the plan include adequate provisions for:

(A) Public safety dispatch to ambulance service and for efficient communication from ambulance to ambulance and from ambulance to a designated facility;

(B) Efficient communications among the trauma facilities and between trauma facilities and other medical care facilities;

(C) Efficient communications among service agencies to coordinate prehospital, day-to-day, and disaster activities; and

(D) Efficient communications among counties and RETACs to coordinate prehospital, day-to-day, and disaster activities.

(II) In addition, the board shall require that a regional emergency medical and trauma system plan identify the key resource facilities for the area. The key resource facilities shall assist the RETAC in resolving trauma care issues that arise in the area and in coordinating patient destination and interfacility transfer policies to assure that patients are transferred to the appropriate facility for treatment in or outside of the area.

(f) Statewide trauma registry. (I) The registry rules shall require the department to establish and oversee the operation of a statewide trauma registry. The rules shall allow for the provision of technical assistance and training to designated facilities within the various trauma areas in connection with requirements to collect, compile, and maintain information for the statewide central registry. Each licensed facility, clinic, or prehospital provider that provides any service or care to or for persons with trauma injury in this state shall collect the information described in this subparagraph (I) about any such person who is admitted to a hospital as an inpatient or transferred from one facility to another or who dies from trauma injury. The facility, clinic, or prehospital provider shall submit the following information to the registry:

(A) Admission and readmission information;

(B) Number of trauma deaths;

(C) Number and types of transfers to and from the facility or the provider; and

(D) Injury cause, type, and severity.

(II) In addition to the information described in subparagraph (I) of this paragraph (f), facilities designated as level I, II, or III shall provide such additional information as may be required by board rules.

(III) The registry rules shall include provisions concerning access to information in the registry that does not identify patients or physicians. Any data maintained in the registry that identifies patients or physicians shall be strictly confidential and shall not be admissible in any civil or criminal proceeding.

(g) Public information, education, and injury prevention. The department and county, district, and municipal public health agencies may operate injury prevention programs, but the public information, education, and injury prevention rules shall require the department and county, district, and municipal public health agencies to consult with the state and regional emergency medical and trauma advisory councils in developing and implementing area and state-based injury prevention and public information and education programs including, but not limited to, a pediatric injury prevention and public awareness component. In addition, the rules shall require that regional emergency medical and trauma system plans include a description of public information and education programs to be provided for the area.

(h) (I) Continuing quality improvement system (CQI). These rules require the department to oversee a continuing quality improvement system for the statewide emergency medical and trauma care system. The board shall specify the methods and periods for assessing the quality of regional emergency medical and trauma systems and the statewide emergency medical and trauma care system. These rules must include the following requirements:

(A) That RETACs assess periodically the quality of their respective regional emergency medical and trauma system plans and that the state assess periodically the quality of the statewide emergency medical and trauma care system to determine whether positive results under regional emergency medical and trauma system plans and the statewide emergency medical and trauma care system can be demonstrated;

(B) That all facilities comply with the trauma registry rules;

(C) That reports concerning regional emergency medical and trauma system plans include results for the emergency medical and trauma area, identification of problems under the regional emergency medical and trauma system plan, and recommendations for resolving problems under the plan. In preparing these reports, the RETACs shall obtain input from facilities, counties included under the regional emergency medical and trauma system plan, and service agencies.

(D) That the names of patients or information that identifies individual patients shall be kept confidential and shall not be publicly disclosed without the patient's consent;

(E) That the department be allowed access to prehospital, hospital, and coroner records of emergency medical and trauma patients to assess the continuing quality improvement system for the area and state-based injury prevention and public information and education programs pursuant to subsection (2)(g) of this section. All information provided to the department shall be confidential pursuant to this subsection (2)(h). To the greatest extent possible, patient-identifying information shall not be gathered. If patient-identifying information is necessary, the department shall keep such information strictly confidential, and such information may only be released outside of the department upon written authorization of the patient. The department shall prepare an annual report that includes an evaluation of the statewide emergency medical and trauma services system. Such report shall be distributed to all designated trauma centers, ambulance services, and service agencies.

(F) That nothing in this subsection (2)(h)(I) prohibits the department from providing information to health information organization networks from its EMS agency patient care database including access to individualized patient information in accordance with section 25-3.5-501 (3).

(II) Data or information related to the identification of individual patient's, provider's, or facility's care outcomes collected as a result of the continuing quality improvement system and records or reports collected or compiled as a result of the continuing quality improvement system are confidential and are exempt from the open records law in part 2 of article 72 of title 24. Data, information, records, or reports are not subject to subpoena or discovery and are not admissible in any civil action, except pursuant to a court order that provides for the protection of sensitive information about interested parties. Nothing in this subsection (2)(h)(II):

(A) Precludes the patient or the patient's representative from obtaining the patient's medical records as provided in section 25-1-801;

(B) Shall be construed to allow access to confidential professional review committee records or reviews conducted under part 2 of article 30 of title 12; or

(C) Prohibits the department from providing information to health information organization networks from its EMS agency patient care database including individualized patient information in accordance with section 25-3.5-501 (3).

(III) That reports concerning regional emergency medical and trauma system plans include results for the emergency medical and trauma area, identification of problems under the regional emergency medical and trauma system plan, and recommendations for resolving problems under the plan. In preparing these reports, the RETACs shall obtain input from facilities, counties included under the regional emergency medical and trauma system plan, and service agencies.

(i) Trauma care for pediatric patients. The trauma care for pediatric patient rules shall provide for the improvement of the quality of care for pediatric patients.

(3) The board shall adopt rules that take into consideration recognized national standards for emergency medical and trauma care systems, such as the standards on trauma resources for optimal care of the injured patient adopted by the American college of surgeons' committee on trauma and the guidelines for emergency medical and trauma care systems adopted by the American college of emergency physicians and the American academy of pediatrics.

(4) The board shall adopt and the department shall use only cost-efficient administrative procedures and forms for the statewide emergency medical and trauma care system.

(5) In adopting its rules, the board shall consult with and seek advice from the council, as defined in section 25-3.5-703 (3.5), where appropriate, and from any other appropriate agency. In addition, the board shall obtain input from appropriate health-care agencies, institutions, facilities, and providers at the national, state, and local levels and from counties and city and counties.
C.R.S. § 25-1.5-114 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-114
25-1.5-114. Freestanding emergency departments - licensure - requirements - rules - definiti
Status: in_force

25-1.5-114. Freestanding emergency departments - licensure - requirements - rules - definitions. (1) On or after December 1, 2021, a person that wishes to operate a freestanding emergency department must submit to the department on an annual basis a completed application for licensure as a freestanding emergency department. On or after July 1, 2022, a person shall not operate a freestanding emergency department that is required to be licensed pursuant to this section without a license issued by the department.

(2) The department may grant a waiver of the licensure requirements set forth in this section and in rules adopted by the board for either a licensed community clinic or community clinic seeking licensure that is serving an underserved population in the state.

(3) (a) The board shall adopt rules establishing the requirements for licensure of, waiver from the requirement for licensure of, safety and care standards for, and fees for licensing and inspecting freestanding emergency departments. The board must set the fees in accordance with section 25-3-105.

(b) The rules adopted by the board shall include a requirement that each individual seeking treatment at the freestanding emergency department receive a medical screening examination and a prohibition against delaying a medical screening examination in order to inquire about the individual's ability to pay or insurance status.

(c) The rules adopted by the board must take effect by July 1, 2021, and thereafter the board shall amend the rules as necessary.

(4) A freestanding emergency department licensed pursuant to this section is subject to the requirements in section 25-3-119.

(5) As used in this section:

(a) "Board" means the state board of health created in section 25-1-103.

(b) (I) "Freestanding emergency department" means a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:

(A) Owned or operated by, or affiliated with, a hospital or hospital system and located more than two hundred fifty yards from the main campus of the hospital; or

(B) Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within two hundred fifty yards of, or contained within, a hospital.

(II) "Freestanding emergency department" does not include a health facility described in subsection (5)(b)(I) of this section that was licensed by the department pursuant to section 25-1.5-103 as a community clinic prior to July 1, 2010, if the facility is serving a rural community or a ski area, as defined in board rules.
C.R.S. § 25-7-109.5 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-109.5
25-7-109.5. Toxic air contaminants - annual toxic emissions reporting program - monitoring p
Status: in_force

25-7-109.5. Toxic air contaminants - annual toxic emissions reporting program - monitoring program - health-based standards - emission control regulations - air toxics permitting program assessment - rules - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Adverse health effects" means the detrimental health effects from exposure to emissions of a toxic air contaminant, including the cumulative effects to health from exposure to the combined air emissions of the toxic air contaminant from multiple sources, whether the emissions are emitted routinely, intermittently, or accidentally.

(b) "Community-led monitoring programs" means air monitoring and data collection, concerning concentrations of toxic air contaminants in the ambient air, conducted by local governments, nongovernmental organizations, or community groups that is at least as stringent as the second edition of the federal environmental protection agency's "Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air".

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

(d) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(e) "Health-based standards" means the chronic exposure limits for each priority toxic air contaminant required to protect the public from adverse health effects of that priority toxic air contaminant, allowing for an ample margin of safety, represented as benchmark numerical concentrations in the ambient air.

(f) "Priority toxic air contaminant" means, as determined by the commission by rule under subsection (6)(a)(I) of this section, a toxic air contaminant that may pose a risk of harm to public health.

(g) (I) "Scientific community" means individuals who are professionally or academically engaged in scientific research about adverse health effects from exposure to toxic substances and have expertise in fields that include pathology, oncology, epidemiology, or toxicology.

(II) "Scientific community" includes individuals with experience in the fields of atmospheric physics, meteorology, or ambient monitoring or experience assessing the impacts of emissions of toxic air contaminants on concentrations in the ambient air.

(h) "Synthetic minor source " has the meaning set forth in section 25-7-114 (6).

(i) "Toxic air contaminant" means:

(I) A hazardous air pollutant;

(II) A covered air toxic, as defined in section 25-7-141 (2)(b); or

(III) Any other air pollutant that the commission designates as a toxic air contaminant pursuant to subsection (3) of this section.

(2) Rules. (a) The commission shall promulgate rules that are necessary for the proper implementation and administration of this section.

(b) Notwithstanding any limitation in this article 7 to the contrary, the commission may adopt rules under this section that are more stringent than the corresponding requirements of the federal act and the regulations adopted pursuant to the federal act.

(3) Review of the list of toxic air contaminants - rules. (a) The division shall publish an initial list of the toxic air contaminants designated pursuant to subsections (1)(i)(I) and (1)(i)(II) of this section by October 1, 2022.

(b) Beginning no later than September 30, 2030, and every five years thereafter, or more frequently if the commission deems it appropriate to do so, the commission shall, pursuant to subsection (1)(i)(III) of this section, review the list of toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants.

(c) The commission may determine that an expedited review is appropriate based on a request of any person if, as part of the request, the person demonstrates to the commission's satisfaction that new or updated scientific data related to the adverse effects of an air pollutant warrants expedited consideration for designation as a toxic air contaminant. If the commission undertakes an expedited consideration of an air pollutant for designation as a toxic air contaminant, the commission's next review of additional air pollutants must take place no later than five years after the expedited consideration.

(d) In determining whether any air pollutant should be designated by the commission as a toxic air contaminant, the commission shall consider:

(I) Input from the public and the scientific community;

(II) Existing data concerning emissions of air pollutants, including data reported to:

(A) The division concerning the emissions of toxic air pollutants; and

(B) The federal toxics release inventory pursuant to 42 U.S.C. sec. 11023 or prepared by the federal environmental protection agency's air toxics screening assessment (airtoxscreen) program;

(III) Information submitted to the commission about the toxicity of air pollutants that is publicly available and peer-reviewed related to:

(A) Potency;

(B) Mode of action;

(C) Exposure patterns;

(D) Adverse health effects; and

(E) Levels of exposure that may cause or contribute to adverse health effects, including adverse health effects arising from disproportionately high exposure of particularly vulnerable groups, including disproportionately impacted communities, infants, children, fetuses, the elderly, and people with disabilities; and

(IV) Identifications of air pollutants as toxic air contaminants in other states.

(4) Annual toxic emissions reporting program - study - rules. (a) On or before June 30 of each year, beginning on June 30, 2024, all owners and operators of sources required to have an operating permit pursuant to section 25-7-114.3 and synthetic minor sources must submit an annual toxic emissions report to the division that reports the amount of each toxic air contaminant emitted by each source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division shall make annual toxic emissions reports submitted to the division pursuant to this subsection (4)(a) available to the public.

(b) If there is a change of ownership or control of the stationary source prior to June 30 of the year that an annual toxic emissions report must be submitted, the owner or operator as of June 30 of that year is responsible for submitting the annual toxic emissions report required under subsection (4)(a) of this section.

(c) (I) The division shall conduct a study and prepare a report that includes:

(A) An analysis of the existing requirements for reporting toxic air contaminants to the division and the federal environmental protection agency;

(B) An assessment of the availability and quality of toxic air contaminant data reported to the division and the federal environmental protection agency, with the reporting data broken down by individual toxic air contaminant, geographic area, industry sector, and whether categories of stationary sources reporting the data are sources required to have an operating permit pursuant to section 25-7-114.3, synthetic minor sources, or minor sources; and

(C) An identification of the informational gaps in the reporting of toxic air contaminants to the division and the federal environmental protection agency.

(II) The division shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the report. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities and workers at stationary sources. In finalizing the report, the division shall include in the report a summary of any comments received from the public, disproportionately impacted communities, workers at stationary sources, and the scientific community and identify any significant changes made to the report based on those comments. No later than October 1, 2024, the division shall submit the finalized report to the commission.

(III) No later than April 30, 2025, the commission shall, based on the informational gaps identified in the report, consider the adoption of rules that ensure annual reports on toxic air contaminants are submitted to the division and may require additional types of information to be included in annual toxic emissions reports submitted to the division for operations and emissions occurring in calendar year 2025 and each calendar year thereafter.

(d) The commission may establish by rule a de minimis level of emissions of a toxic air contaminant beneath which an owner or operator is not required to report on the emissions of the toxic air contaminant through an annual toxic emissions report submitted pursuant to subsection (4)(a) of this section.

(5) Toxic air contaminant monitoring program - reporting - rules. (a) Beginning no later than January 1, 2024, in addition to the fenceline monitoring program established under section 25-7-141 (5) and the community-based monitoring program established under section 25-7-141 (6), the division shall develop and begin to conduct a monitoring program to determine the concentrations of toxic air contaminants in the ambient air of the state.

(b) The program shall include the installation and operation of at least six monitoring sites covering both urban and rural areas of the state. The division shall ensure that at least three monitoring sites are installed and operating by January 1, 2024, and that at least three additional monitoring sites are installed and operating by July 1, 2025. Each monitoring site must have the ability to detect trends in concentrations of various toxic air contaminants in the ambient air over time at the site.

(c) At a minimum, a monitoring site must measure the concentrations of:

(I) The toxic air contaminants identified in section 2.3 of the federal environmental protection agency's "National Air Toxics Trends Station Work Plan Template (Revised April 2019)". For the measurement of a toxic air contaminant specified in this subsection (5)(c)(I), the measurement must meet the required minimum detection limit specified for the measured air pollutant in section 3.1 of the federal environmental protection agency's "National Air Toxics Trends Station Work Plan Template (Revised April 2019)" or the most recent version.

(II) The toxic air contaminants identified in table 1.2-1 of the federal environmental protection agency's "Technical Assistance Document for the National Air Toxics Trends Stations Program (Revision 3)" from October 2016 or the most recent version. For the measurement of a toxic air contaminant specified in this subsection (5)(c)(II) and all other toxic air contaminants measured under the monitoring program, the division must specify a method detection limit for each toxic air contaminant pursuant to appendix B of 40 CFR 136.

(d) In determining the location of any new monitoring site, the division shall:

(I) Provide public notice and hold at least two public meetings where members of the public have an opportunity to comment on the division's proposed locations for the monitoring sites; and

(II) Give priority to locations that are within a disproportionately impacted community.

(e) The division may change the location of any monitoring site after following the procedure and requirements specified in subsection (5)(d) of this section.

(f) No later than July 1, 2025, and by July 1 each year thereafter, the division shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the monitoring program. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities on the monitoring program.

(g) (I) No later than October 1, 2025, and by October 1 each year thereafter, the division shall prepare an annual report that summarizes the toxic air contaminant data collected by the monitoring sites in the previous calendar year. The division shall include in the report a summary of any comments received from the public, disproportionately impacted communities, and the scientific community during the two public meetings held pursuant to subsection (5)(f) of this section.

(II) Once the report is finalized, the division shall:

(A) Post the report on the division's website in both English and Spanish; and

(B) Submit the finalized report to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees. Notwithstanding section 24-1-136 (11)(a)(I), the requirement to report to the legislative committees continues indefinitely.

(h) The division shall report on the need for any additional monitoring sites for the monitoring program, and the costs associated with additional monitoring sites, to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the committees' hearings held prior to the 2027 regular session of the general assembly under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(6) Health-based standards - rules. (a) The commission shall adopt rules that:

(I) No later than April 30, 2025, identify up to five priority toxic air contaminants considering:

(A) Existing data concerning toxic air contaminants gathered through division monitoring programs;

(B) Data reported to the division concerning emissions of toxic air pollutants;

(C) Data reported to the federal toxics release inventory pursuant to 42 U.S.C. sec. 11023 and data prepared by the federal environmental protection agency's air toxics screening assessment (airtoxscreen) program;

(D) Any other relevant data submitted to the commission during the rule-making process concerning the amount of emissions and concentrations of toxic air contaminants in the ambient air of the state, including data collected through community-led monitoring programs; and

(E) Input from the scientific community; and

(II) No later than April 30, 2026, propose health-based standards for priority toxic air contaminants for approval by the general assembly.

(b) In determining the health-based standards, the commission shall:

(I) Consider the best available peer-reviewed toxicity values regarding the levels of exposure to priority toxic air contaminants that may cause or contribute to adverse health effects;

(II) Consider standards adopted in other states to reduce or limit concentrations of toxic air contaminants in the ambient air;

(III) Consider the effects of exposure to priority toxic air contaminants on vulnerable groups of the state, including disproportionately impacted communities, infants, children, fetuses, the elderly, and people with disabilities;

(IV) Consider both cancer-related health risks and non-cancer-related health risks.

(V) Provide for a sufficient margin of safety that accounts for the various effects that different populations may experience from exposure to priority toxic air contaminants;

(VI) Consult with the scientific community through holding at least one public hearing specifically for this consultation; and

(VII) Identify the excess cancer and non-cancer risk levels for use in determining the health-based standards.

(c) Beginning no later than September 30, 2029, and at least once every five years thereafter, the commission shall:

(I) Determine whether to identify any additional priority toxic air contaminants considering the data described in subsection (6)(a)(I) of this section;

(II) Determine whether to include acute exposure limits for priority toxic air contaminants in the definition of health-based standards;

(III) Determine whether to revise the excess cancer and non-cancer risk levels for use in determining the health-based standards;

(IV) Review existing health-based standards to ensure that the standards sufficiently protect public health; and

(V) Determine whether to propose revisions to the general assembly to any existing health-based standards in accordance with the considerations set forth in subsection (6)(b) of this section, and, if a determination is made to revise any existing health-based standard, the commission must, within twelve months after the determination, adopt rules to that effect.

(d) No more than twelve months after the commission makes the determination pursuant to subsection (6)(c)(I) of this section, the commission shall propose to the general assembly health-based standards for any additional priority toxic air contaminants in accordance with subsection (6)(b) of this section.

(7) Emission control regulations - rules. (a) No later than April 30, 2026, the commission shall adopt emission control regulations to reduce emissions of each priority toxic air contaminant and prioritize reductions in disproportionately impacted communities with multiple sources of emissions of priority toxic air contaminants.

(b) In determining the emission control regulations, the commission shall consider:

(I) Any emission control regulations adopted for priority toxic air contaminants in other states or by the federal government;

(II) The emission levels of a priority toxic air contaminant from different industries and categories of sources, including sources required to have an operating permit pursuant to section 25-7-114.3, synthetic minor sources, and minor sources;

(III) The degree of reduction of each priority toxic air contaminant that is achievable and technically and economically feasible, taking into account energy, environmental, and economic impacts and other costs pursuant to the requirements described in section 25-7-110.8;

(IV) The ability of emission control regulations to reduce or eliminate the emissions of a priority toxic air contaminant, including non-emitting alternative processes and control technologies; and

(V) The availability, suitability, and relative efficacy of a less hazardous substitute for a priority toxic air contaminant.

(c) For new emission sources of priority toxic air contaminants, the commission shall adopt emission control regulations that are more stringent than those adopted for existing emission sources of priority toxic air contaminants. The commission may also adopt an emissions threshold below which new emission sources shall not be required to comply with the more stringent emission control regulations.

(d) Beginning no later than September 30, 2030, and at least once every five years thereafter, the commission shall:

(I) Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission in accordance with subsection (6)(c)(I) of this section; and

(II) Determine whether to revise the existing emission control regulations in accordance with the considerations set forth in subsection (7)(b) of this section.

(e) In reviewing and approving air pollution permits under section 25-7-114.3, the division shall include any applicable emission control regulations in the permit.

(f) The emission control regulations established under this subsection (7) shall not apply to any electric generating resource located within the state with a closure date no later than January 1, 2031, that has been approved by either the public utilities commission created in section 40-2-101 (1) as part of an electric resource plan or the air pollution control division as part of a clean energy plan.

(8) Air pollution regulation for sources of toxic air contaminants - assessment. (a) No later than December 31, 2025, the division shall conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit levels of priority toxic air contaminants, referred to in this subsection (8) as the "air toxics permitting program".

(b) The assessment must:

(I) Evaluate air toxics permitting programs for new, modified, and existing stationary sources of priority toxic air contaminants in other states and on tribal lands;

(II) Evaluate and make recommendations regarding the scope of the air toxics permitting program, including the types of permits, stationary sources, industries, and geographic areas of the state that would be impacted by the program;

(III) Identify processes and reasonable timelines for:

(A) The notification to any stationary sources that could be subject to the air toxics permitting program;

(B) The assessment of public health risks associated with a stationary source's emissions of priority toxic air contaminants; and

(C) The assessment and implementation of strategies designed to reduce emissions of priority toxic air contaminants from a stationary source through permitting; and

(IV) Identify the direct and indirect costs associated with the implementation of an air toxics permitting program for existing stationary sources and possible funding mechanisms.

(c) The division shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the assessment. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities and workers at stationary sources on the assessment.

(d) In finalizing the assessment, the division shall include in the assessment a summary of any comments received from the public, workers at stationary sources, and disproportionately impacted communities and identify any significant changes made to the assessment based on such comments.

(e) The division shall report on the assessment and provide recommendations to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the committees' hearings held prior to the 2026 regular session of the general assembly under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
C.R.S. § 25-27-104 — CO Code / Title 25 / Article 27 / Section 25-27-104
25-27-104. Minimum standards for assisted living residences - rules
Status: in_force

25-27-104. Minimum standards for assisted living residences - rules. (1) On or before November 1, 2002, the state board shall promulgate rules pursuant to section 24-4-103, C.R.S., providing minimum standards for the location, sanitation, fire safety, adequacy of facilities, adequacy of diet and nutrition, equipment, structure, operation, provision of personal services and protective oversight, and personnel practices of assisted living residences within the state of Colorado. Such rules shall differentiate between homes of different sizes. In formulating such rules, the state board shall seek recommendations from the advisory committee established pursuant to section 25-27-110.

(2) State board rules promulgated pursuant to subsection (1) of this section must include, at a minimum, rules requiring the following:

(a) Compliance with all applicable zoning, housing, fire, sanitary, and other codes and ordinances of the city, city and county, or county where the residence is situated, to the extent that such codes and ordinances are consistent with the federal "Fair Housing Amendments Act of 1988", as amended, 42 U.S.C. sec. 3601 et seq.;

(b) Annual inspection of assisted living residences by the department or its designated representative;

(c) That the premises to be used are in fit, safe, and sanitary condition and properly equipped to provide good care to the residents;

(d) That the Colorado long-term care ombudsman, designated by the department of human services, have access to the premises and residents during reasonable hours for the purposes set out in the federal "Older Americans Act of 1965";

(e) Protection of the individual rights of residents either through a written board and care plan or by means of contracts executed with the residents, which board and care plan or contract shall meet the requirements stated in section 25-27-104.5;

(f) Responsibility of the assisted living residences for social supervision, personal services, and coordination with community resources as needed by the residents;

(g) That the administrator and staff of a residence:

(I) (A) Meet minimum educational, training, and experience standards established by the state board.

(B) On and after January 1, 2024, the state board's minimum standards for administrators must require, at a minimum, that each administrator, regardless of the administrator's hire date, have at least one year experience supervising the delivery of personal care services that includes activities of daily living or has attained the education or experience established by the state board in lieu of that supervisory experience.

(II) Are of good, moral, and responsible character. In making the determination, the owner or licensee of a residence shall have access to and shall obtain any criminal history record information from a criminal justice agency, subject to any restrictions imposed by the agency for any person responsible for the care and welfare of residents of the residence and shall obtain a check of the Colorado adult protective services data system pursuant to section 26-3.1-111 for any person who is an employee of the residence, as defined in section 26-3.1-111 (2), who will provide direct care to residents.

(h) Intermediate enforcement remedies as authorized by section 25-27-106 (2);

(i) Written plans, to be submitted by residences to the department for approval, detailing the measures that will be taken to correct violations found as a result of inspections;

(j) The definition for high medicaid utilization facility as a basis for a modified fee schedule. A high medicaid utilization residence shall be a residence in which no less than thirty-five percent of the available beds are occupied by medicaid enrollees as indicated by the most complete claims data available.

(k) A modified fee schedule for residences that serve a disproportionate share of low-income residents. The board may adopt a standard for determining residences that serve a disproportionate share of low-income residents. Such standard may require a residence to submit documentation determined appropriate by the department for verification.

(l) That the assisted living residence comply with the provisions of section 25-27-104.3 concerning the involuntary discharge of residents; and

(m) That the state board establish, not later than January 1, 2024, a range of fines for violations, which amounts may vary based on the size of the assisted living residence and the potential for harm to one or more persons, and shall permit the department to consider factors set forth in section 25-27-106 (4) in determining the amount of the fine. Prior to the board's adoption of rules concerning the range of fines for violations, the department shall make recommendations to the board, including a proposed schedule of fines that vary the range of fines by the severity and frequency of the violations and that may include a different range of fines based on the size of the residence. The department shall first present the recommendations to and seek feedback from the advisory committee established in section 25-27-110.
C.R.S. § 25-7.5-101 — CO Code / Title 25 / Article 7.5 / Section 25-7.5-101
25-7.5-101. Legislative declaration
Status: in_force

25-7.5-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) An increasing number of fleet motor vehicles are on the road to meet increasing demands for retail deliveries and rides arranged through transportation network companies;

(b) These fleet vehicles are some of the most polluting vehicles on the road, which has resulted in additional and increasing air and greenhouse gas pollution and related adverse environmental and health impacts across the state;

(c) The adverse environmental and health impacts of increased emissions from fleet motor vehicles used to make retail deliveries and provide rides arranged through transportation network companies can be mitigated and offset by supporting the widespread adoption of electric motor vehicles for use in motor vehicle fleets;

(d) Instead of reducing the impacts of retail deliveries and rides arranged through transportation network companies by limiting retail delivery and transportation network company ride activity through regulation, it is more appropriate to continue to allow persons who receive retail deliveries and benefit from the convenience afforded by unfettered retail deliveries and to allow transportation network companies that arrange prearranged rides to continue to provide that service without undue restrictions and instead impose a small fee on each retail delivery and ride and use fee revenue to fund necessary mitigation activities; and

(e) It is necessary, appropriate, and in the best interest of the state and all Coloradans to incentivize and support the use of electric motor vehicles and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology and availability for certain fleet uses, compressed natural gas motor vehicles that are fueled by recovered methane and that produce fewer emissions than gasoline or diesel powered motor vehicles, by businesses and governmental entities that use fleets of motor vehicles, including fleets composed of personal motor vehicles owned by individual contractors who provide prearranged rides for transportation network companies or make retail deliveries, and to enable the state to achieve its stated electric motor vehicle adoption goals because increased usage of electric motor vehicles in motor vehicle fleets:

(I) Generally reduces emissions of air pollutants, including ozone precursors, particulate matter pollutants, other hazardous air pollutants, and greenhouse gases, that contribute to adverse environmental effects such as climate change and adverse human health effects, including but not limited to asthma, reduced lung capacity, increased susceptibility to respiratory illnesses, chronic bronchitis, heart disease, and lung cancer, and helps the state meet its statewide greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g), comply with air quality attainment standards, and reduce adverse environmental and health impacts across the state and in communities, including but not limited to disproportionately impacted communities;

(II) Specifically reduces higher localized emissions of such air pollutants in communities, including but not limited to disproportionately impacted communities, where:

(A) Fleet yards, warehouses, distribution centers, refineries, fuel depots, waste facilities, and major interstate highways are located;

(B) Usage of fleet motor vehicles is concentrated; and

(C) Residents experience increased risks of air-pollution-related health impacts such as asthma, reduced lung capacity, increased susceptibility to respiratory illnesses, heart disease, and lung cancer; and

(III) By reducing fuel and maintenance costs, helps businesses and governmental entities operate more efficiently over time, allowing the cost savings to be reinvested in business growth or used for beneficial public purposes.

(2) The general assembly further finds and declares that:

(a) To incentivize, support, and accelerate the adoption of electric motor vehicles in motor vehicle fleets in the state and thereby minimize and mitigate the environmental and health impacts of the transportation system and reap the environmental, health, and business and governmental operational efficiency benefits that result from motor vehicle fleet electrification, it is necessary, appropriate, and in the best interest of the state to create a clean fleet enterprise to help businesses and governmental entities that own or operate fleets of motor vehicles use more electric motor vehicles, and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology for certain fleet uses, more compressed natural gas motor vehicles that are fueled by recovered methane, in their motor vehicle fleets;

(b) The enterprise provides business services, including remediation services, when, in exchange for the payment of fees, it:

(I) Provides financing through grant programs, rebate programs, revolving loan funds, or any other strategies that the board finds effective;

(II) Helps owners and operators of motor vehicle fleets reduce the up-front and total costs of using more electric motor vehicles, and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology for certain fleet uses, more compressed natural gas motor vehicles that are fueled by recovered methane, in their fleets;

(III) Supports companion services such as testing, inspection, and readjustment services;

(IV) Provides outreach, education, or training to support the successful application and performance of entities receiving funds;

(V) Supports the development of a clean transportation workforce that can support businesses as they transition to using more electric motor vehicles in their fleets;

(VI) Assesses and supports the implementation of cleaner and more efficient commercial vehicle technology to support motor vehicle fleet electrification;

(VII) Researches and develops strategies, business plans, and guidance to support the consistent application of grants and other enterprise business services, including remediation services;

(VIII) Contributes to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and

(IX) Provides additional remediation services to offset impacts caused by fee payers as may be provided by law, including but not limited to:

(A) Incentivizing the use of clean mobile equipment;

(B) Providing planning services to support communities, including but not limited to disproportionately impacted communities; and

(C) Providing scrappage services;

(c) By providing remediation services as authorized by this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;

(d) By providing remediation services as authorized by this section, the enterprise provides a benefit to fee payers when it remediates the impacts they cause and therefore operates as a business in accordance with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36;

(e) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated by fees, not taxes, because the fees imposed by the enterprise as authorized by section 25-7.5-103 (7) and (8) are:

(I) Imposed for the specific purpose of allowing the enterprise to defray the costs of providing the remediation services specified in this section, including mitigating impacts to air quality and greenhouse gas emissions caused by the activities on which the fee is assessed, and contributes to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and

(II) Collected at rates that are reasonably calculated based on the impacts caused by fee payers and the cost of remediating those impacts; and

(f) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D).
C.R.S. § 25-5-1404 — CO Code / Title 25 / Article 5 / Part 14 / Section 25-5-1404
25-5-1404. Scope and applicability
Status: in_force

25-5-1404. Scope and applicability. (1) Except as described in subsection (2) of this section, this part 14 applies to compact fluorescent lamps and linear fluorescent lamps sold as new in Colorado.

(2) This part 14 does not apply to:

(a) A lamp that is designed and marketed exclusively for image capture and projection, including photocopying; printing, either directly or in preprocessing; lithography; film and video projection; and holography;

(b) A lamp that emits ultraviolet light and that:

(I) Emits ultraviolet light greater than two milliwatts per kilolumen (mW/klm);

(II) Is designed and marketed exclusively for a germicidal purpose, such as for the destruction of DNA, which lamp emits a peak radiation of approximately two hundred fifty-three and seven-tenths nanometers;

(III) Is designed and marketed exclusively for disinfection or fly trapping and:

(A) From which the total radiation power emitted between two hundred and three hundred fifteen nanometers represents at least five percent of the total radiation power emitted between two hundred fifty and eight hundred nanometers; or

(B) From which the total radiation power emitted between three hundred fifteen and four hundred nanometers represents at least twenty percent of the total radiation power emitted between two hundred fifty and eight hundred nanometers;

(IV) Is designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately one hundred eighty-five and one-tenth nanometers;

(V) Is designed and marketed exclusively for coral zooxanthellae symbiosis and from which the radiation power emitted between four hundred and four hundred eighty nanometers represents at least forty percent of the total radiation power emitted between two hundred fifty and eight hundred nanometers;

(VI) Is designed and marketed exclusively for use in a sunlamp product;

(VII) Is designed and marketed exclusively for use in a medical device for medical or veterinary diagnosis or treatment;

(VIII) Is designed and marketed exclusively for use in pharmaceutical product manufacturing or quality control;

(IX) Is designed and marketed exclusively for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared, Fourier transform infrared, medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring; or

(X) Is used by academic and research institutions exclusively for conducting research projects and experiments; or

(c) A product that is held in inventory in Colorado on the effective date of the applicable standard described in section 25-5-1405.
C.R.S. § 25-4-608 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-608
25-4-608. Notice of order requiring inoculation of animals
Status: in_force

25-4-608. Notice of order requiring inoculation of animals. The order of a board of health of a health department or a county board of health requiring inoculation of all dogs, cats, other pet animals, or other mammals shall not become effective until twenty-four hours after notice of adoption of the order requiring inoculation of all dogs, cats, other pet animals, or other mammals has been published in a newspaper of general circulation in the county or district.
C.R.S. § 25-3.5-601 — CO Code / Title 25 / Article 3.5 / Part 6 / Section 25-3.5-601
25-3.5-601. Legislative declaration
Status: in_force

25-3.5-601. Legislative declaration. (1) The general assembly recognizes that an efficient and reliable statewide emergency medical and trauma network would serve not only to promote the health, safety, and welfare of Colorado residents, but would also, by increasing safety throughout the state, indirectly serve to facilitate tourism and economic development in the state.

(2) The general assembly also finds that accident victims are often transported over state highways and that an improved response to accidents through an efficient and reliable statewide emergency medical and trauma network impacts both directly and indirectly on the maintenance and supervision of the public highways of this state.

(3) Therefore, it is the purpose of this part 6 to enhance emergency medical and trauma services statewide by financially assisting local emergency medical and trauma service providers who operate or wish to operate in the counties in their efforts to improve the quality and effectiveness of local emergency medical and trauma services, including emergency medical and trauma equipment and communications, and by supporting the overall coordination of such efforts by the department.
C.R.S. § 25-19-105 — CO Code / Title 25 / Article 19 / Section 25-19-105
25-19-105. Integrated environmental compliance agreements
Status: in_force

25-19-105. Integrated environmental compliance agreements. (1) The department is authorized to enter into integrated environmental compliance agreements with small communities in accordance with the provisions of this section.

(2) The environmental requirements that may be addressed in an integrated environmental compliance agreement are the requirements established by or pursuant to article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S. An integrated environmental compliance agreement may address environmental requirements applicable to a solid waste disposal site and facility only if such site and facility receives twenty tons per day or less of solid waste.

(3) Any integrated environmental compliance agreement with a small community shall:

(a) Identify actions to be taken by the small community, including a schedule with interim deadlines, that will result in compliance with each of the applicable individual environmental requirements as soon as practicable, within an overall period not to exceed ten years;

(b) Be consistent with an approved environmental priorities plan for the small community;

(c) Contain a provision directing that the agreement will not take effect until the community's registered electors have approved any creation of a multiple-fiscal year debt or other financial obligation for which an election is required by section 20 of article X of the Colorado constitution and which is required to implement the terms of the agreement;

(d) Be structured as a formal enforcement agreement to ensure continued compliance or to resolve an existing compliance issue involving a small community; and

(e) Be enforceable pursuant to the provisions of the statutes governing the individual environmental requirements addressed in the agreement with respect to any of the agreement deadlines that are not met.

(4) A small community participating in the program created by this article shall provide a copy of its proposed agreement to any person who has so requested in writing prior to the small community's submission of its plan to the department. Before the agreement is approved by the department, the department shall allow at least twenty days within which any person may review and submit written comments on the agreement to the small community and the department.

(5) An integrated environmental compliance agreement may be amended by agreement of the small community and the department to address compliance concerns not anticipated at the time of the original agreement. The amended agreement shall require compliance with any new requirement added to the amended agreement as soon as practicable, within an overall period not to exceed ten years from the date of the amendment. The deadline for any requirement addressed in the original agreement may be extended as a part of the amendment of the agreement, but the deadline may not be extended beyond ten years after the date of the original agreement.

(6) An integrated environmental compliance agreement entered into under this article shall not be deemed to impair, modify, or otherwise affect prior agreements entered into between a small community and any entity other than the department.

(7) Any provision of an integrated compliance agreement implementing a requirement that, absent such agreement, would no longer be applicable as the result of repeal or modification of a statutory or regulatory requirement shall be unenforceable.

(8) No component of an integrated environmental compliance agreement that would result in an increased regulatory compliance burden on any other entity shall be approved without such entity's consent.

(9) Paragraph (e) of subsection (3) of this section notwithstanding, if requested by the small community, the department may file in district court a complaint and a proposed consent order embodying the requirements of the integrated environmental compliance agreement to require compliance with any applicable standard, limitation, or order.
C.R.S. § 25-4-1803 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1803
25-4-1803. Definitions
Status: in_force

25-4-1803. Definitions. As used in this part 18, unless the context otherwise requires:

(1) "Certification" means the issuance of a numbered certificate to a person for a particular activity or group of activities that indicates:

(a) Permission from the department to conduct the activity; and

(b) Compliance with the requirements of the department.

(2) "Certification number" means the unique identification number issued by the department to each dealer for each location.

(3) "Dealer" means a person to whom certification is issued for the activities of shell stock shipper, shucker-packer, repacker, reshipper, depuration processor, or wet storage.

(4) "Department" means the Colorado department of public health and environment and its authorized agents and employees.

(5) "Depuration processor" or "DP" means a person who receives shell stock from approved or restricted growing areas and submits such shell stock to an approved, controlled purification process.

(6) "FDA" means the United States food and drug administration.

(7) "Person" means any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, and any partnership, association, corporation, or other entity. "Person" also includes the federal or state government and any other public or private entity.

(8) "Repacker" or "RP" means any person, other than the original certified shucker-packer, who repackages shucked shellfish into other containers.

(9) "Reshipper" or "RS" means a person who purchases shucked shellfish or shell stock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers.

(10) "Shellfish" means all species of:

(a) Oysters, clams, or mussels, whether:

(I) Shucked or in the shell;

(II) Fresh or frozen; and

(III) Whole or in part; and

(b) Scallops in any form, except when the final product form is the adductor muscle only.

(11) "Shell stock" means live shellfish in the shell.

(12) "Shell stock shipper" or "SS" means a person who grows, harvests, buys, or repacks and sells shell stock. A shell stock shipper is not authorized to shuck shellfish nor to repack shucked shellfish, but may ship shucked shellfish.

(13) "Shucker-packer" or "SP" means a person who shucks and packs shellfish. A shucker-packer may act as a shell stock shipper or reshipper or may repack shellfish originating from other certified dealers.

(14) "Wet storage" means the temporary storage of shell stock from growing areas in the approved classification or in the open status of the conditionally approved classification in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater.
C.R.S. § 25-2-113.5 — CO Code / Title 25 / Article 2 / Section 25-2-113.5
25-2-113.5. Limited access to information upon consent of all parties - voluntary adoption r
Status: in_force

25-2-113.5. Limited access to information upon consent of all parties - voluntary adoption registry - definitions. (1) Adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parent and child between an adoptee and his or her adoptive parents. Under current laws and the social premises underlying adoption, the general assembly has been charged with the duty to preserve the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees, and the adoptive parents. The general assembly recognizes, however, that some adults who were adopted as children, their siblings who may or may not have been adopted, and some birth parents whose children were surrendered for adoption have a strong desire to obtain information about each other. The purpose of this section is to set up a voluntary adoption registry where qualified persons may register their willingness to release information to each other and to provide for the disclosure of such information.

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

(a) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption.

(b) "Consent" means a verified written statement which has been notarized.

(c) "Identifying information" includes the following information:

(I) The name of the qualified adoptee before placement in adoption;

(II) The name and address of each qualified birth parent as it appears in birth records;

(III) The current name, address, and telephone number of the qualified adult adoptee; and

(IV) The current name, address, and telephone number of each qualified birth parent.

(d) "Qualified adult adoptee" means an adopted person eighteen years of age or older who was born in Colorado and who meets the requirements of this section.

(e) "Qualified birth parent" means a genetic, biological, or natural parent whose rights were voluntarily or involuntarily terminated by a court or otherwise and who meets the requirements of this section. "Birth parent" includes a man who is the parent of a child as established in accordance with the provisions of the "Uniform Parentage Act", article 4 of title 19, C.R.S., prior to the termination of parental rights and who meets the requirements of this section.

(f) "Registrar" means the state registrar of vital statistics or his designated representative.

(g) "Relative" includes an individual's spouse, birth parent, adoptive parent, sibling, or child who is twenty-one years of age or older.

(g.5) "Sibling" has the same meaning as "biological sibling" pursuant to section 19-1-103.

(h) "Voluntary adoption registry" or "registry" means a place where eligible persons, as described in this section, may indicate their willingness to have their identities and whereabouts disclosed to each other under conditions specified in this section.

(3) The registrar shall maintain a confidential list of qualified adult adoptees who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified adult adoptee shall be accompanied by the adoptee's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified adult adoptee desires release of his identifying information if a match occurs after his death. The qualified adult adoptee may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed adoptee. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section.

(4) The registrar shall maintain a confidential list of qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth parent shall be accompanied by the birth parent's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birth parent desires release of his identifying information if a match occurs after his death. The qualified birth parent may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth parent. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section. Any birth parent who in terminating his parental rights used an alias, and this alias is listed in the original sealed birth certificate, may also file a consent with the registry. A birth parent shall not be matched with the qualified adult adoptee without the consent of the other birth parent unless:

(a) There is only one birth parent listed on the birth certificate; or

(b) The other birth parent is deceased; or

(c) The other birth parent is unable to be located by the department of public health and environment after an exhaustive search, the cost of said search to be fully funded by the birth parent seeking a match, said search to be in accordance with the rules and regulations promulgated by the department.

(5) The registrar shall maintain a confidential list of relatives of deceased qualified adult adoptees and relatives of deceased qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by such relative shall be accompanied by the person's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Such relative may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed relative. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section.

(5.5) The registrar shall maintain a confidential list of former foster children who may or may not have been adopted, who are eighteen years of age or older, who have presented a consent regarding the release of identifying information about themselves and who are searching for a sibling who is also eighteen years of age or older, who may or may not have been adopted, and who may or may not have been in the foster care system. Any consent by such sibling shall be accompanied by the sibling's desired method of notification in the event that a match occurs. However, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. A sibling may revise his or her consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed sibling. The registrar shall maintain a closed record of the list and accompanying information except as provided for pursuant to this section.

(6) The registrar shall regularly review the lists provided for in subsections (3), (4), (5), and (5.5) of this section and any other nonsealed administrative files or records within his or her office to determine if there is a match. If it appears that a match has occurred, then and only then is the registrar authorized to proceed to confirm the match through recourse to sealed documents on file in the office of the registrar. When a match is confirmed, the registrar shall notify each party, by his or her designated method only, prior to an exchange of identifying information. Nothing in this section shall be construed to allow any state or local governmental department, agency, or institution, or any employee thereof, to solicit any consent for the release of identifying information.

(7) Nothing in this section shall be construed to allow the registrar to issue a copy of the original birth certificate to any registrant.

(8) Any person who knowingly uses, publishes, or divulges information obtained through operation of the registry to any person in a manner not authorized by this section commits a civil infraction.

(9) Notwithstanding any other provision of law, the information acquired by the registry shall not be disclosed under any public records law, sunshine or freedom of information legislation, rules, or practice.

(10) (a) The executive director of the department of public health and environment shall establish fees to be charged each person requesting that his name be placed on the list provided for in subsection (3), (4), or (5) of this section and for the services provided by the registrar in establishing and implementing the registry pursuant to this section. It is the intent of the general assembly that the fees shall cover all direct and indirect costs incurred pursuant to this section.

(b) The fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund. The general assembly shall annually appropriate from the general fund to the department of public health and environment an amount sufficient to meet expenses incurred pursuant to this section.
C.R.S. § 25-11-301 — CO Code / Title 25 / Article 11 / Part 3 / Section 25-11-301
25-11-301. Legislative declaration
Status: in_force

25-11-301. Legislative declaration. (1) The general assembly hereby finds and declares that the existence of uranium mill tailings at active and inactive mill operations poses a potential and significant radiation health hazard. This part 3 is therefore enacted to protect the public health, safety, and welfare by cooperating with the federal government in providing for the stabilization, disposal, and control of such tailings in a safe and environmentally sound manner to prevent or minimize other environmental impacts from such tailings.

(2) The general assembly recognizes the need for the state to expend such funds as are necessary to provide land annotation and site information for purposes of protecting prospective purchasers or users of mill sites designated for cleanup pursuant to public law 95-604. The general assembly therefore declares its intent to assist local governments with the identification, removal, storage, and disposal of tailing deposits associated with such designated mill sites for which remedial action is not taken pursuant to the federal "Uranium Mill Tailings Radiation Control Act of 1978".
C.R.S. § 25-6-202 — CO Code / Title 25 / Article 6 / Part 2 / Section 25-6-202
25-6-202. Services to be offered by the county
Status: in_force

25-6-202. Services to be offered by the county. The governing body of each county and each city and county or any county or district public health agency thereof or any welfare department thereof may provide and pay for, and each county and each city and county or any public health agency or county or district public health agency thereof or any welfare department thereof may offer, family planning and birth control services to every parent who is a public assistance recipient and to any other parent or married person who might have interest in, and benefit from, such services; except that no county or city and county or public health agency thereof is required by this section to seek out such persons.
C.R.S. § 25-5-506 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-506
25-5-506. Embargo and seizure
Status: in_force

25-5-506. Embargo and seizure. (1) Whenever a duly authorized agent of the department finds or has probable cause to believe that any hazardous substance is misbranded or is a banned hazardous substance within the meaning of this part 5, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, misbranded or is a banned hazardous substance and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the district court.

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

(3) If the court finds that a detained or embargoed article is misbranded or is a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under supervision of the agent, and all court costs and fees and storage and other proper expenses shall be taxed against the claimant of such article or his agent; except that, when the misbranding can be corrected by proper labeling 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, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling under the supervision of an agent of the department. The expense of such supervision shall be paid by the claimant. The article shall be returned to the claimant on the representation to the court by the executive director that the article is no longer in violation of this part 5 and that the expenses of such supervision have been paid.
C.R.S. § 25-7-1007 — CO Code / Title 25 / Article 7 / Part 10 / Section 25-7-1007
25-7-1007. Commission to consider control strategies in rule-making proceeding
Status: in_force

25-7-1007. Commission to consider control strategies in rule-making proceeding. (1) Upon receipt of a report under section 25-7-1006 (6)(b) from the division, and after the division has made the report available to all significant source or source categories identified pursuant to section 25-7-1006, the commission shall give notice that it is to conduct a rule-making hearing concerning the implementation of control strategies recommended in the report.

(2) In addition to other applicable rule-making provisions, the rule-making hearing shall be conducted:

(a) In reasonable proximity to the affected class I federal area;

(b) To allow sufficient time for comment and testimony by all interested persons; and

(c) To allow reasonable discovery pursuant to section 24-4-103 (13) and (14), C.R.S.

(3) (a) The commission shall order by rule implementation within a reasonable time of a practical and cost-effective control strategy or strategies that will provide reasonable progress toward remedying the impairment, if the commission finds that:

(I) The evidence in the record shows the existence of a significant impairment of an air quality related value in a class I federal area;

(II) An identifiable source or source category is responsible for significantly causing or contributing to the impairment;

(III) The best available retrofit technology exists for any such stationary source;

(IV) Reasonably available control measures exist for any such other sources or source categories;

(V) Implementation of the control strategies would make significant improvement in the impairment;

(VI) Taking into account that the ability to attribute the cause of air pollution effects and to apportion the air pollution effects among sources and source categories identified by attribution studies is an area of evolving science, a correlation of the extent of improvement in air quality related value impairment can reasonably be expected to result from imposition of a control strategy or strategies for each significant source or source category identified by the division.

(b) Within fourteen days after having received the division's report under section 25-7-1006 (6)(b), a source or source category may petition the commission, as part of its rule-making hearing conducted pursuant to this subsection (3), to make a determination that the benefits of phasing, segmenting, or excusing the control strategy or strategies outweigh the benefits of imposing the control strategy or strategies. In making such determination, the commission shall consider all economic and related costs associated with the implementation of the control strategy or strategies involving the source or source category. The burden of proof shall be on the petitioner.
C.R.S. § 25-16-302 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-302
25-16-302. Legislative declaration
Status: in_force

25-16-302. Legislative declaration. (1) The general assembly hereby declares that the purpose of this part 3 is to provide for the protection of human health and the environment and to foster the transfer, redevelopment, and reuse of facilities and sites that have been previously contaminated with hazardous substances or petroleum products. The general assembly further declares that this program is intended to permit and encourage voluntary clean-ups of contaminated property by providing persons interested in redeveloping existing industrial sites with a method of determining what the clean-up responsibilities will be when they plan the reuse of existing sites. It is the further intent of the general assembly that this voluntary program operate in such a way as to:

(a) Eliminate impediments to the sale or redevelopment of previously contaminated property;

(b) Encourage and facilitate prompt clean-up activities; and

(c) Minimize administrative processes and costs.
C.R.S. § 25-7-210 — CO Code / Title 25 / Article 7 / Part 2 / Section 25-7-210
25-7-210. Applicability
Status: in_force

25-7-210. Applicability. Sections 25-7-201 and 25-7-203 to 25-7-206 shall apply only to applications for proposed new major stationary sources and major modifications which are submitted on or after the date of approval by the United States environmental protection agency of the program for prevention of significant deterioration embodied in the state implementation plan.
C.R.S. § 25-5-504 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-504
25-5-504. Penalties
Status: in_force

25-5-504. Penalties. (1) Any person who violates any of the provisions of section 25-5-503 commits a class 2 misdemeanor. Each violation shall be considered a separate offense.

(2) No person shall be subject to the penalties of this section for having violated section 25-5-503 (1)(c) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee, duly designated by the executive director, the name and address of the person from whom he purchased or received such hazardous substance and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or for having violated section 25-5-503 (1)(a) if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this part 5.
C.R.S. § 25-16.5-108 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-108
25-16.5-108. Pollution prevention fund - created
Status: in_force

25-16.5-108. Pollution prevention fund - created. (1) There is created in the state treasury the pollution prevention fund. Any money collected pursuant to section 25-16.5-107 is credited to the fund. All interest derived from the deposit and investment of money in the fund is credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.

(2) The money generated from the pollution prevention fees pursuant to section 25-16.5-107 is annually appropriated to the department to cover the direct and indirect costs for sustainability services set forth in section 25-16.5-106. The money in the fund shall not be used for the enforcement of any state law or regulation governing environmental protection.
C.R.S. § 25-3-401 — CO Code / Title 25 / Article 3 / Part 4 / Section 25-3-401
25-3-401. Department to administer plan
Status: in_force

25-3-401. Department to administer plan. (1) The department of public health and environment is designated as the sole agency for carrying out the purposes of the federal "Hospital Survey and Construction Act", Public Law 79-725 of the 79th Congress of the United States, approved August 13, 1946, or any amendments thereto, and the successor provisions thereof of Public Law 93-641, and is authorized to formulate, submit, and administer a state plan for carrying out the provisions thereof and to accept on behalf of the state any funds allotted to the state under the provision of the said federal acts, or any amendments thereto. In carrying out the purposes of this section, the department of public health and environment is authorized to make such reports as may be required by the said federal acts, or any amendments thereto, and to do all things that may be required as a condition precedent to the proper application for the receipt of federal grants under the said federal acts, and any amendments thereto and regulations thereof, and to administer and supervise the expenditure of such grants for the purposes of this section.

(2) The state plan established under subsection (1) of this section shall provide for adequate hospital facilities for the people residing in the state, without discrimination on account of race, creed, or color, and shall provide for adequate hospital facilities for persons unable to pay therefor. The department of public health and environment shall provide minimum standards for the maintenance and operation of hospitals which receive federal aid under this part 4, and compliance with such standards shall be required in the case of hospitals which have received federal aid under the provisions of said federal acts, or any amendments thereto.
C.R.S. § 25-14-208 — CO Code / Title 25 / Article 14 / Part 2 / Section 25-14-208
25-14-208. Unlawful acts - penalty - disposition of fines and surcharges
Status: in_force

25-14-208. Unlawful acts - penalty - disposition of fines and surcharges. (1) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this part 2 to violate any provision of this part 2.

(2) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this part 2.

(3) Except as otherwise provided in section 25-14-208.5, a person who violates this part 2 is guilty of a petty offense. Each day of a continuing violation shall be deemed a separate violation.

(4) All judges, clerks of a court of record, or other officers imposing or receiving fines collected pursuant to or as a result of a conviction of any persons for a violation of any provision of this part 2 shall transmit all such moneys so collected in the following manner:

(a) Seventy-five percent of any such fine for a violation occurring within the corporate limits of a city, town, or city and county shall be transmitted to the treasurer or chief financial officer of said city, town, or city and county, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.

(b) Seventy-five percent of any fine for a violation occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
C.R.S. § 25-13-104 — CO Code / Title 25 / Article 13 / Section 25-13-104
25-13-104. Administration
Status: in_force

25-13-104. Administration. (1) Except as provided in section 25-13-111, the department shall administer the provisions of this article.

(2) The board shall promulgate reasonable rules and regulations to carry out the purposes of this article.

(3) The department shall furnish consulting services to county commissioners, municipalities, other governmental agencies, and private landowners regarding toilet facilities and procedures for refuse collection and disposal.
C.R.S. § 25-1.5-119 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-119
25-1.5-119. Drug repository task force - creation - report - definitions - repeal
Status: repealed

25-1.5-119. Drug repository task force - creation - report - definitions - repeal. (Repealed)
C.R.S. § 25-5.5-104 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-104
25-5.5-104. Unsanitary dairy products
Status: in_force

25-5.5-104. Unsanitary dairy products. (1) The following types of dairy products are declared to be unsanitary: Milk drawn within eight days before or four days after calving; milk drawn from cows that are kept in barns or stables which are not reasonably well-lighted and well-ventilated or that are kept in barns or stables that are filthy from an accumulation of animal feces and excreta or from any other cause; milk which is drawn from cows which are themselves filthy or in an unhealthy condition; milk kept or transported in dirty, rusty, or open seamed cans, tanks, or other containers; cream produced from any such milk, or milk, cream, butter, or any other dairy product that is stale or putrid, or milk, cream, butter, or any other dairy product which has been exposed to foul or noxious air or gases in barns occupied by animals or drawn or kept exposed in dirty, foul, or unclean places or under unclean conditions or where transmissible human disease exists; cream containing less than sixteen percent butterfat; cream produced by the use of a cream separator, which separator has not been thoroughly washed, cleansed, and sanitized after previous use in the separation of cream from milk; cream produced by the use of a separator placed or stationed in any unclean or filthy room or place or in any building containing a stable wherein cattle or other animals are kept, unless said cream separator is so separated and shielded by partition from the stable portion of such building as to be free from all foul or noxious air or gases which issue or may issue from such place or stable; cream which when delivered at the point of shipment is more than three days old during the months of May to October inclusive or more than four days old during the months of November to April inclusive; milk or cream to which has been added, in any quantity, any foreign substance or coloring matter, chemical or preservative, or butter or butterfat, whether for the purpose of increasing the quantity of milk or for preserving the condition of sweetness thereof or for any purpose whatever.

(2) Nothing in this part 1 shall be construed to prohibit the sale of homogenized cream made from butter and milk, if such product is labeled or stamped as imitation cream according to the requirements of the department, or the sale of standardized milk which otherwise meets with the requirements of this part 1.

(3) No person shall sell or offer for sale, or furnish or deliver or have in his possession or under his control with intent to sell or offer for sale, or furnish or deliver to any other person as food for man or to any creamery, cheese factory, milk-condensing factory, or milk or cream dealer any unsanitary milk, cream, or butter or any adulterated dairy product.

(4) No person shall manufacture for sale any article of food for man from any unsanitary milk or from any unsanitary cream.
C.R.S. § 25-15-406 — CO Code / Title 25 / Article 15 / Part 4 / Section 25-15-406
25-15-406. Penalty
Status: in_force

25-15-406. Penalty. (1) (a) Any generator who knowingly removes, causes to be removed, or allows to be removed from the site of generation any infectious waste which he knew was not appropriately treated and not identified as untreated when such infectious waste was so removed from the site of generation shall be subject to the civil penalties set forth in paragraph (b) of this subsection (1).

(b) Upon conviction of a first offense, a generator shall be subject to a civil penalty of not more than three thousand dollars per day for each day of violation, not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent offense which occurs within five years of a previous conviction, a generator shall be subject to a civil penalty of three thousand dollars per day for each day of violation, not to exceed twenty-five thousand dollars.

(2) (a) Any person who knowingly hauls untreated infectious waste and recklessly spills or loses such waste or knowingly disposes of such waste at an unlawful site or disposal or treatment facility shall be subject to the civil penalties set forth in paragraph (b) of this subsection (2).

(b) Upon conviction of a first offense, a person shall be subject to a civil penalty of not more than three thousand dollars per day for each day of violation, not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent offense which occurs within five years of a previous conviction, a person shall be subject to a civil penalty of three thousand dollars per day, not to exceed twenty-five thousand dollars.

(3) All civil penalties set forth in this section shall be determined by a court of competent jurisdiction upon action instituted by the department of public health and environment.
C.R.S. § 25-3-601 — CO Code / Title 25 / Article 3 / Part 6 / Section 25-3-601
25-3-601. Definitions
Status: repealed

25-3-601. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Advisory committee" means the advisory committee created pursuant to section 25-3-602 (4).

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

(2.5) "Health-care-associated infection" means a localized or systemic condition that results from an adverse reaction to the presence of an infectious agent or its toxins that was not present or incubating at the time of admission to the health facility.

(3) "Health facility" means a hospital, a hospital unit, an ambulatory surgical center, a dialysis treatment clinic currently licensed or certified by the department pursuant to the department's authority under section 25-1.5-103 (1)(a), or other state licensed or certified facility that submits data to the national healthcare safety network, or its successor.

(4) Repealed.

(5) "Infection" means the invasion of the body by pathogenic microorganisms that reproduce and multiply, causing disease by local cellular injury, secretion of a toxin, or antigen-antibody reaction in the host.
C.R.S. § 25-1.5-101 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-101
25-1.5-101. Powers and duties of department - laboratory cash fund - office of suicide preve
Status: repealed

25-1.5-101. Powers and duties of department - laboratory cash fund - office of suicide prevention - suicide prevention coordination cash fund - dispensation of payments under contracts with grantees - report - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a) To close theaters, schools, and other public places, and to forbid gatherings of people when necessary to protect the public health;

(b) (I) To establish and enforce minimum general sanitary standards as to the quality of wastes discharged upon land and the quality of fertilizer derived from excreta of human beings or from the sludge of sewage disposal plants.

(II) The phrase "minimum general sanitary standards" as used in this section means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word "standards" as used in this section means standards reasonably designed to promote and protect the public health.

(c) (I) To collect, compile, and tabulate reports of marriages, dissolution of marriages, declaration of invalidity of marriages, births, deaths, and morbidity and to require any person having information with regard to the same to make such reports and submit such information as the board shall by rule or regulation provide.

(II) For the purposes of this paragraph (c), the board is authorized to require reporting of morbidity and mortality in accordance with the provisions of section 25-1-122.

(d) To regulate the disposal, transportation, interment, and disinterment of the dead;

(e) (I) To establish, maintain, and approve chemical, bacteriological, and biological laboratories, and to conduct such laboratory investigations and examinations as it may deem necessary or proper for the protection of the public health.

(II) The department shall transmit all fees received by the department in connection with the laboratories established pursuant to this paragraph (e), with the exception of fees received pursuant to part 10 of article 4 of this title that are credited to the newborn screening and genetic counseling cash funds created in section 25-4-1006 (1), to the state treasurer, who shall deposit them in the laboratory cash fund, which is hereby created in the state treasury. The state treasurer shall credit all interest earned from the revenues in the fund to the fund. At the end of each fiscal year, the unencumbered balance of the fund remains in the fund. The revenues in the fund are subject to annual appropriation by the general assembly to the department to carry out its duties under this paragraph (e).

(f) To make, approve, and establish standards for diagnostic tests by chemical, bacteriological, and biological laboratories, and to require such laboratories to conform thereto; and to prepare, distribute, and require the completion of forms or certificates with respect thereto;

(g) To purchase, and to distribute to licensed physicians and veterinarians, with or without charge, as the board may determine upon considerations of emergency or need, such vaccines, serums, toxoids, and other approved biological or therapeutic products as may be necessary for the protection of the public health;

(h) To establish and enforce sanitary standards for the operation and maintenance of orphanages, day care nurseries, foster homes, family care homes, summer camps for children, lodging houses, outdoor nature-based preschool programs, guest child care facilities and public services short-term child care facilities as defined in section 26.5-5-303, hotels, public conveyances and stations, schools, factories, workshops, industrial and labor camps, recreational resorts and camps, swimming pools, public baths, mobile home parks, and other buildings, centers, and places used for public gatherings;

(i) (I) (A) To establish sanitary standards and make sanitary, sewerage, and health inspections and examinations for charitable, penal, and other public institutions.

(B) As used in this subsection (1)(i), "penal institution" means any local detention center, correctional facility, holding facility, secure residential treatment center, prison, camp, or other facility in which persons are or may be lawfully held in custody, including any public or private facility in Colorado that houses or detains noncitizens for purposes of civil immigration proceedings, including any facility that houses or detains minors, on behalf of the federal office of refugee resettlement or the United States immigration and customs enforcement agency.

(C) With respect to the state institutions under the department of human services specified in section 27-90-104 or under the department of corrections specified in section 17-1-104.3 (1)(b), such inspections and examinations must be made at least once each year and additional unannounced inspections may be conducted after the annual inspection. Reports on such inspections of institutions under control of the department of human services or the department of corrections must be made to the executive director of the appropriate department for appropriate action, if any.

(D) With respect to any facility that houses or detains noncitizens for purposes of civil immigration proceedings, such inspections and examinations must be made annually, and additional unannounced inspections may be conducted after the annual inspection.

(E) Repealed.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (i), the standards adopted pursuant to subparagraph (I) of this paragraph (i) with regard to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level, shall not apply to any penal institution operated by or under contract with a county or municipality if the penal institution begins operations on or after August 30, 1999, and if the governing body of the jurisdiction operating the penal institution has adopted standards pertaining to such issues for the penal institution pursuant to section 30-11-104 (1), C.R.S., or section 31-15-711.5, C.R.S., whichever is applicable.

(j) (I) To:

(A) Collect, compile, and tabulate public health information from data sources and data provided to the department, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts, including information concerning race, ethnicity, disability, sexual orientation, and gender identity; except that nothing in this section requires any individual to provide information relating to the individual's race, ethnicity, disability, sexual orientation, or gender identity;

(B) Establish a process for, and provide technical assistance relating to, the collection, compilation, and tabulation of public health information described in subsection (1)(j)(I)(A) of this section; and

(C) Disseminate public health information;

(II) To provide poison control services, for the fiscal year beginning July 1, 2002, and fiscal years thereafter, on a statewide basis and to provide for the dissemination of information concerning the care and treatment of individuals exposed to poisonous substances pursuant to article 32 of this title;

(k) To establish and enforce standards for exposure to toxic materials in the gaseous, liquid, or solid phase that may be deemed necessary for the protection of public health;

(l) To establish and enforce standards for exposure to environmental conditions, including radiation, that may be deemed necessary for the protection of the public health;

(m) (I) To accept and expend on behalf of and in the name of the state, gifts, donations, and grants for any purpose connected with the work and programs of the department.

(II) Any such property so given shall be held by the state treasurer, but the department shall have the power to direct the disposition of any property so given for any purpose consistent with the terms and conditions under which such gift was created.

(n) To carry out the policies of the state as set forth in part 1 of article 6 of this title with respect to family planning;

(o) To carry out the policies of this state relating to the "Colorado Health Care Coverage Act" as set forth in parts 1 and 4 of article 16 of title 10, C.R.S.;

(p) To compile and maintain current information necessary to enable the department to answer any inquiry concerning the proper action to take to counteract, eliminate, or minimize the public health hazards of a hazardous substance incident involving any specific kind of hazardous substance. To make such information available and to facilitate the reporting of hazardous substance incidents, the department shall establish, maintain, and publicize an environmental emergency telephone service that shall be available to the public twenty-four hours each day. With respect to the powers and duties specified in this paragraph (p), the department shall have no rule-making authority and shall avail itself of all available private resources. As used in this paragraph (p), the terms "hazardous substance" and "hazardous substance incident" shall have the meanings ascribed to them in section 29-22-101, C.R.S. The department shall coordinate its activities pursuant to this section with the Colorado state patrol.

(q) (I) To establish and maintain a statewide cancer registry providing for compilation and analysis of appropriate information regarding incidence, diagnosis, treatment, and end results and any other data designed to provide more effective cancer control for the citizens of Colorado.

(II) For the purposes of this paragraph (q), the board is authorized to require reports relating to cancer in accordance with the provisions of section 25-1-122 and to have access to medical records relating to cancer in accordance with the provisions of section 25-1-122.

(r) To operate and maintain a program for children with disabilities to provide and expedite provision of health-care services to children who have congenital birth defects or who are the victims of burns or trauma or children who have acquired disabilities;

(s) To annually enter into an agreement with a qualified person to perform necessary hazardous substance incident response actions when such actions are beyond the ability of the local and state response capabilities. Such response actions may include, but are not limited to, containment, clean-up, and disposal of a hazardous substance. Nothing in this article shall prevent the attorney general's office from pursuing cost recovery against responsible persons.

(t) To operate special health programs for migrant and seasonal farm workers and their dependent family members and to accept and employ federal and other moneys appropriated to implement such programs;

(u) To carry out the duties prescribed in article 11.5 of title 16, C.R.S., relating to substance abuse in the criminal justice system;

(v) To establish and maintain a statewide gulf war syndrome registry pursuant to part 19 of article 4 of this title providing for compilation and analysis of information regarding incidence, diagnosis, treatment, and treatment outcomes of veterans or family members of veterans suffering from gulf war syndrome;

(w) (I) To operate the office of suicide prevention, which is established in the division of prevention services in the department. The office of suicide prevention serves as the coordinator for crisis and suicide prevention programs throughout the state, including the Colorado suicide prevention plan established in section 25-1.5-112 and the crisis and suicide prevention training grant program established in section 25-1.5-113. For the purposes of this subsection (1)(w), the term "comprehensive suicide prevention" or "suicide prevention" includes the following components:

(A) Strategies or approaches that seek to prevent the onset of suicidal despair, commonly known as "suicide prevention";

(B) Public health intervention supports, including community training, workforce development, quality improvement and provision of technical assistance to support the adoption of best suicide attempt behavior intervention and postvention practices and policies; and

(C) Postvention responses to and support for individuals and communities affected by the aftermath of a suicide attempt.

(II) The department is authorized to accept gifts, grants, and donations on behalf of the office of suicide prevention. The department shall transmit all such gifts, grants, and donations to the state treasurer who shall credit the same to the suicide prevention coordination cash fund, which fund is hereby created. The fund also consists of any money appropriated or transferred to the fund by the general assembly for the purposes of implementing section 25-1.5-112. Any money remaining in the suicide prevention coordination cash fund at the end of any fiscal year must remain in the fund and must not be transferred or credited to the general fund. The general assembly shall make appropriations from the suicide prevention coordination cash fund for expenditures incurred by the department or the office of suicide prevention in the performance of its duties pursuant to this subsection (1)(w) and section 25-1.5-112.

(III) (A) Notwithstanding section 24-1-136 (11)(a)(I), as part of the duties of the office of suicide prevention, on or before each November 1, the office of suicide prevention shall submit to the chairs of the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, and to the members of the joint budget committee, a report listing all crisis and suicide prevention programs in the state and describing the effectiveness of the office of suicide prevention in acting as the coordinator for crisis and suicide prevention programs. For the report submitted in 2013 and each year thereafter, the office of suicide prevention shall include any findings and recommendations it has to improve crisis and suicide prevention in the state. For the report submitted in 2024 and each year thereafter, the office of suicide prevention shall include a summary of the report pursuant to section 25-1.5-113.5 (5)(b).

(B) (Deleted by amendment, L. 2012.)

(IV) The department and the office of suicide prevention may collaborate with the school safety resource center and with each facility licensed or certified pursuant to section 25-1.5-103 in order to coordinate services related to crisis and suicide prevention, as that term is defined in this subsection (1)(w), including relevant training and other services as part of the Colorado suicide prevention plan established in section 25-1.5-112. When a facility treats a person who has attempted suicide or exhibits a suicidal gesture, the facility may provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, regarding warning signs of depression, risk factors of suicide, methods of preventing suicide, available resources for comprehensive suicide prevention, and any other information concerning suicide awareness, and prevention. The facility shall also provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, concerning the after-effects of a suicide attempt. The department and the office of suicide prevention may work with facilities and the Colorado suicide prevention plan to determine whether and where gaps exist in comprehensive suicide prevention programs and services, including gaps that may be present in:

(A) The comprehensive suicide prevention information and materials being used and distributed in facilities throughout the state;

(B) Comprehensive suicide prevention resources available to persons who attempt suicide or exhibit a suicidal gesture and, when the person is a minor, to parents, relatives, and other responsible persons to whom a minor is released; and

(C) The process for referring persons who attempt suicide or exhibit a suicidal gesture to comprehensive suicide prevention services and programs or other appropriate health-care providers for treatment.

(V) The department and the office of suicide prevention shall prepare written information for primary care offices and providers throughout the state. The information must be region-specific concerning how to recognize and respond to a suicidal patient and include separate written information for providers and information that may be shared with patients.

(x) To implement the state dental loan repayment program created in article 23 of this title;

(y) To coordinate with the United States secretary of the interior and the United States secretary of agriculture to develop resource management plans consistent with this article for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712;

(z) To perform the duties specified in part 6 of article 10 of title 30, C.R.S., relating to the Colorado coroners standards and training board;

(aa) To determine if there is a shortage of drugs critical to the public safety of the people of Colorado and declare an emergency for the purpose of preventing the practice of unfair drug pricing as prohibited by section 6-1-714, C.R.S.;

(bb) To include on its public website home page a link to forms containing advanced directives regarding a person's acceptance or rejection of life-sustaining medical or surgical treatment, which forms are available to be downloaded electronically;

(cc) To carry out the health survey for birthing parents and reporting requirements set forth in part 7 of this article 1.5.

(2) (a) Notwithstanding any provision of this title 25, in contracting with any grantee for the provision of any service for the purposes of this title 25, the department may dispense up to twenty-five percent of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.

(b) As used in this subsection (2), "grantee" means a person that:

(I) Is awarded a grant pursuant to a grant program that is managed or overseen by the department;

(II) Pursuant to the conditions of the awarded grant, is a party to a contract with the department;

(III) Is classified as a nonprofit organization or a charitable organization by the federal internal revenue service and has submitted written proof of such classification to the department; and

(IV) Satisfies any criteria established by the department for the purpose of implementing this subsection (2).
C.R.S. § 25-17-703 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-703
25-17-703. Definitions
Status: in_force

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

(1) "Additional producer responsibility organization" means a nonprofit organization designated by the department as an additional producer responsibility organization pursuant to section 25-17-708 (2)(b).

(2) "Advisory board" means the producer responsibility program for statewide recycling advisory board created in section 25-17-704 (1).

(3) "Amended plan proposal" means an amended plan proposal for the implementation of the program submitted to the advisory board after the advisory board's initial review of the plan proposal in accordance with section 25-17-705 (5).

(4) "Collection" means the gathering and transportation of covered materials from covered entities for the purpose of recycling.

(5) "Collection rate" means the weight of covered materials that are collected under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.

(6) "Commission" means the solid and hazardous waste commission created under section 25-15-302 (1)(a).

(7) "Compost" means the material or product that is developed under controlled conditions and that results from biological degradation processes by which organic wastes decompose.

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

(b) "Compost facility" includes only those compost facilities that readily accept and process packaging material collected from consumers.

(9) "Compostable" means a covered material associated with organic waste streams that is capable of undergoing aerobic biological decomposition in a controlled composting system as demonstrated by meeting ASTM D6400 or ASTM D6868, or any successor standards.

(10) "Consumer" means any person who purchases or receives covered materials in the state and is located at a covered entity.

(11) "Convenience standards" means the standards for the program as described in section 25-17-706 (3).

(12) "Covered entity" means the following locations in the state from which covered materials are collected:

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

(b) Nonresidential locations identified in the final plan, including public places; small businesses; schools, as defined in section 22-1-132 (2)(c); hospitality locations; and state and local government buildings.

(13) (a) "Covered materials" includes:

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

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

(b) "Covered materials" does not include:

(I) Packaging materials intended to be used for the long-term storage or protection of a durable product and that are intended to transport, protect, or store the product for at least five years;

(II) Paper products that, through their use, could become unsafe or unsanitary to handle;

(III) Printed paper used to distribute financial statements, billing statements, medical documents, or other vital documents required to be provided in paper form by applicable consumer protections laws or other state or federal laws;

(IV) Bound books;

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

(VI) Packaging material used exclusively in industrial or manufacturing processes;

(VII) Packaging material used to contain a product that is regulated as a drug, medical device, or dietary supplement by the federal food and drug administration under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., as amended, or any federal regulation promulgated under the act, or any equipment and materials used to manufacture such products;

(VIII) Packaging material used to contain a product that is regulated as animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin under the federal "Virus-Serum-Toxin Act", 21 U.S.C. sec. 151 et seq., as amended;

(IX) Packaging material used to contain a product that is regulated under the "Federal Insecticide, Fungicide, and Rodenticide Act", 7 U.S.C. sec. 136 et seq., as amended;

(X) Packaging material used to contain architectural paint covered under a paint stewardship program in accordance with part 4 of this article 17;

(XI) Packaging material used to contain a product that is required under state law to be sold in packaging material that meets the standards set forth in the "Poison Prevention Packaging Act of 1970", 15 U.S.C. sec. 1471 et seq., as amended;

(XII) Packaging material used to contain a portable electronic device, as defined in section 10-4-1501, that has been repaired and reconditioned to be sold as a refurbished product;

(XIII) Paper products used for a print publication that primarily includes content derived from primary sources related to news and current events;

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

(XV) Any other material that, based on an analysis by the organization of the operational and financial impacts of the proposed changes and after consultation with the advisory board, the commission determines by rule to not be a covered material.

(14) "Department" means the department of public health and environment created in section 24-1-119.

(15) "Environmentally sound management practices" means policies that ensure compliance with all applicable environmental laws, including laws addressing:

(a) Record keeping;

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

(c) Environmental liability coverage for professional services and contractor operations.

(16) "Executive director" means the executive director of the department or the executive director's designee.

(17) "Final plan" means the plan proposal or amended plan proposal that has been designated as the final plan by the executive director pursuant to section 25-17-705 (5)(c)(I).

(18) "Front range" means the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver.

(19) "Local government" means a home rule or statutory county, municipality, or city and county.

(20) "Materials recovery facility" means a facility for processing covered materials that are collected for recycling before they are conveyed to end-market businesses.

(21) "Mechanical recycling" means a form of recycling that does not change the basic molecular structure of the material being recycled.

(22) "Minimum recyclable list" means the list of covered materials developed under section 25-17-706 (1)(a).

(23) "Needs assessment" means the assessment of the state's recycling needs conducted pursuant to section 25-17-705 (3).

(24) "Nonprofit organization" means a tax-exempt charitable or social welfare organization operating under 26 U.S.C. sec. 501 (c)(3) or 501 (c)(4) of the federal "Internal Revenue Code of 1986", as amended.

(25) (a) (I) "Packaging material" means any material, regardless of recyclability, that is intended for single or short-term use and is used for the containment, protection, handling, or delivery of products to the consumer at the point of sale, including through an internet transaction.

(II) "Packaging material" includes products supplied to or purchased by consumers for the express purpose of facilitating food or beverage consumption and that are:

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

(B) Not designed for reuse or refill.

(III) "Packaging material" includes paper, plastic, glass, metal, cartons, flexible foam, rigid packaging, or other materials or combination of these materials.

(b) "Packaging material" does not include:

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

(II) Packaging materials used solely in business-to-business transactions where a covered material is not intended to be distributed to the end consumer;

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

(IV) Packaging materials that are used for products sold or distributed outside the state.

(26) "Paper products" means paper and other cellulosic fibers, whether or not they are used as a medium for text or images, including:

(a) Flyers;

(b) Brochures;

(c) Booklets;

(d) Catalogs;

(e) Telephone directories;

(f) Newspapers;

(g) Magazines; and

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

(27) "Plan proposal" means the plan proposal for the implementation of the program submitted to the advisory board in accordance with section 25-17-705 (4).

(28) "Postconsumer-recycled-content rate" means the amount of postconsumer recycled materials used in the production of covered materials in a calendar year divided by the amount of covered materials used for products sold or distributed by producers within or into their United States market territory in the same calendar year, expressed as a percentage.

(29) (a) "Postconsumer recycled material" means only those covered materials that have served their intended end use as consumer items and that have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock.

(b) "Postconsumer recycled material" includes returns of material from the distribution chain.

(c) "Postconsumer recycled material" does not include waste material generated during or after the completion of a manufacturing process.

(30) "Producer" means:

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

(II) If the product is manufactured by a person other than the brand owner, the person that is the licensee of a brand or trademark under which a packaged item is sold or distributed in the state, whether or not the trademark is registered in the state; or

(III) If there is no person described in subsection (30)(a)(I) or (30)(a)(II) of this section within the United States, the person that imports the product using covered materials into the United States for use in a commercial enterprise that sells or distributes the item in the state;

(b) For the purposes of products that are sold or distributed in the state through an internet transaction:

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

(II) For the purposes of packaging material used to ship a product to a consumer, the person that packages or ships the product to the consumer;

(c) For the purposes of a paper product that is a magazine, newspaper, catalog, telephone directory, or similar publication, the publisher of the paper product;

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

(I) The person that manufactures the paper product under the manufacturer's own brand; or

(II) If the paper product is manufactured by a person other than the brand owner, the person that is the owner or licensee of the brand or trademark under which the paper product is used in a commercial enterprise, sold, or distributed in or into the state, whether or not the trademark is registered in the state; or

(e) For any other covered material, the person that first distributes the covered material in or into the state.

(31) "Producer responsibility dues" means the amounts established in section 25-17-705 (4)(i)(II) that a producer participating in the program pays annually into the program pursuant to section 25-17-709 (1).

(32) "Producer responsibility organization" or "organization" means the nonprofit organization designated to implement the program pursuant to section 25-17-705 (1)(b)(II).

(33) "Producer responsibility program for statewide recycling" or "program" means the producer responsibility program for statewide recycling created in accordance with section 25-17-705.

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

(a) Would divulge competitive business information or trade secrets of the entity that developed the information; or

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

(35) (a) "Public place" means an indoor or outdoor location in the state that is open to and generally used by the public.

(b) "Public place" includes streets; sidewalks; plazas; town squares; state-owned or local-government-owned parks, beaches, and forests; other state-owned or local-government-owned land open for recreation or other public uses; and transportation facilities, including bus and train stations and airports.

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

(36) "Readily recyclable material" means a covered material that is included on the minimum recyclable list.

(37) (a) "Recycling" means the reprocessing, by means of a manufacturing process, of a used material into a product or a secondary raw material.

(b) "Recycling" does not include:

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

(II) Use as a fuel;

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

(IV) Landfill disposal of discarded covered materials.

(38) (a) "Recycling rate" means the weight of covered materials that are recycled under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.

(b) The recycling rate is measured at the point where collected covered materials have been prepared for sale or delivery to material reclaimers or end markets after processing at a materials recovery facility or similar establishment that sells directly to reclaimers or end markets.

(39) (a) "Recycling services" means services provided for the recycling of covered materials, including the collection, transportation, and processing of covered materials from the consumer to the end market.

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

(40) "Recycling services costs" means the costs of recycling programs to provide recycling services, including applicable costs related to:

(a) The administration of recycling programs;

(b) Capital improvements to recycling programs;

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

(d) Public education about recycling programs; and

(e) Disposal of nonrecyclable collected covered materials.

(41) "Responsible end market" means a materials market in which the recycling of materials or the disposal of contaminants is conducted in a way that:

(a) Benefits the environment; and

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

(42) "Retailer" means a person that sells to consumers within or into the state, including sales made through an internet transaction, products for which covered materials are used.

(43) "Reuse" or "refill" means the return into the marketplace of a covered material that:

(a) Has already been used in the same manner as originally intended without a change in the covered material's purpose; and

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

(44) "Service provider" means a public or private entity, other than the producer responsibility organization, that provides recycling services in the state.
C.R.S. § 25-1.5-203 — CO Code / Title 25 / Article 1.5 / Part 2 / Section 25-1.5-203
25-1.5-203. Water - powers and duties of department - rules
Status: repealed

25-1.5-203. Water - powers and duties of department - rules. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a) Construction of community water facilities. To examine plans, specifications, and other related data pertaining to the proposed construction of any publicly or privately owned community water facilities submitted for review of sanitary engineering features prior to construction of such facilities;

(b) Quality of drinking water. (I) To adopt and enforce minimum general sanitary standards and regulations to protect the quality of drinking water supplied to the public, including the authority to require disinfection and treatment of such water.

(II) Standards and regulations adopted pursuant to this paragraph (b) may also include such minimum standards and regulations as are necessary to assume enforcement of the federal "Safe Drinking Water Act" with regard to public water systems, including, but not limited to, requirements for:

(A) Review and approval by the department, prior to initiation of construction, of the technical plans and specifications, long-term financial plans, and operations and management plans for any new waterworks or technical plans and specifications for substantial modifications to existing waterworks. For the purposes of this subparagraph (II), "waterworks" means the facilities that are directly involved in the production, treatment, or distribution of water for public water systems, as defined in section 141.2 of the national primary drinking water regulations. The department shall approve those new or substantially modified waterworks it determines are capable of complying with the Colorado primary drinking water regulations.

(B) Maintenance of records by the supplier of water relating to the results of tests and procedures required by the standards and regulations, including filing periodic reports with the department;

(C) Public notification by the supplier of water, pursuant to the provisions of the federal "Safe Drinking Water Act";

(D) Granting exemptions and variances from the minimum general sanitary standards to allow appropriate time for compliance, when such procedure can be effected without seriously jeopardizing the public health.

(c) Exemption of public water systems. (I) To exempt a water supplier from any further documentation requirements for purposes of establishing that it does not meet the definition of a public water system and is not subject to the requirements of the federal "Safe Drinking Water Act", where such water supplier has provided to the department evidence of the following:

(A) An ordinance, resolution, contractual provision, or other similarly enforceable enactment that prohibits connection to the system for the purpose of obtaining water for human consumption; and

(B) Either an annual visual inspection of the water supply system for the purpose of determining the presence of any unauthorized connections to the water supply system, or an annual written survey of those individuals or entities with whom the supplier has a contractual relationship governing the uses to which such water is placed by the contracting parties.

(II) Nothing in subparagraph (I) of this paragraph (c) shall be construed to eliminate from the provisions of the federal "Safe Drinking Water Act" any exclusion that may otherwise be available under federal law or regulation.

(d) Lab certification program for testing drinking water. (I) To establish and maintain a laboratory certification program for the purpose of ensuring competent testing of drinking water as required by the federal "Safe Drinking Water Act" and minimum general sanitary standards as set forth in section 25-1.5-202. Certification procedures shall, at a minimum, include water supply evaluation verification and on-site inspections. The laboratory certification program shall consist of certification levels which correspond to the testing capability and capacity of each laboratory. In addition to certifying laboratories for contaminants regulated as of May 11, 1988, the department shall adopt and implement a schedule for certifying sufficient laboratory capacity for the testing and analysis of contaminants for which reference methods are available and which are scheduled to be regulated under the federal "Safe Drinking Water Act".

(II) Upon request, the department shall refer a public water supplier to a laboratory, either the department's or one certified by the department, which is determined to be equipped to perform the required testing and analysis on a timely basis.

(III) To facilitate an effective laboratory certification program, the department shall work with local public water suppliers toward creating and maintaining a centralized database which:

(A) Quantifies the current and expected demands for the monitoring, testing, and analysis of each supplier, grouped according to the size of the supply system, the source of its supply, and the requirements imposed on each supplier;

(B) Includes an updated list of laboratories certified and available for the testing and analysis of specific contaminants; and

(C) Tracks violations of drinking water standards for the purpose of facilitating an exchange among public water suppliers in addressing similar problems posed by specific contaminants.

(e) Drinking water list. To cooperate with and assist the Colorado water resources and power development authority in the administration of the drinking water revolving fund created by section 37-95-107.8, C.R.S., including adopting rules governing the drinking water project eligibility list provided by said section and modifications to the eligibility list for submission to the general assembly, and to take any other actions necessary to assist the authority in complying with the requirements of the federal "Safe Drinking Water Act".

(f) Repealed.