C.R.S. § 24-38.5-401 — CO Code / Title 24 / Article 38.5 / Part 4 / Section 24-38.5-401
24-38.5-401. Energy code board - appointment - creation - duties - definitions - repeal
Status: repealed

24-38.5-401. Energy code board - appointment - creation - duties - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Acceptable refrigerant" means a refrigerant that is:

(I) Listed as acceptable in 42 U.S.C. sec. 7671k of the federal "Clean Air Act" and used in equipment that is listed and installed pursuant to the use conditions imposed within that section; and

(II) Listed as acceptable in appendix U and appendix V of subpart G of 40 CFR 82 and used in equipment that is listed and installed pursuant to the use conditions imposed within those appendices.

(b) "Electric ready" means adequate panel capacity, dedicated electric panel space, electrical wire, electrical receptacles, and adequate physical space to accommodate future installation of high-efficiency electric appliances including heating, water heating, cooking, drying, and an electric vehicle.

(c) "Energy code board" means the energy code board appointed by the directors of the Colorado energy office and the department of local affairs pursuant to subsection (2) of this section.

(d) (I) "EV capable" means a parking space that:

(A) Has the electrical panel capacity and conduit installed to support future implementation of electrical vehicle charging with a minimum of two hundred eight volts and a minimum of forty-ampere rated circuits; and

(B) Is adjacent to the terminal point of the conduit from the electrical facilities described in subsection (1)(d)(I)(A) of this section.

(II) "EV capable" includes two adjacent parking spaces if the conduit for the electrical facilities described in subsection (1)(d)(I)(A) of this section terminates adjacent to and between both parking spaces.

(e) (I) "EV ready" means a parking space that:

(A) Has the electrical panel capacity, raceway wiring, receptacle, and circuit overprotection devices installed to support future implementation of electrical vehicle charging with a minimum of two hundred eight volts and a minimum of forty-ampere rated circuits; and

(B) Is adjacent to the receptacle for the electrical facilities described in subsection (1)(e)(I)(A) of this section.

(II) "EV ready" includes two adjacent parking spaces if the receptacle for the electrical facilities described in subsection (1)(e)(I)(A) of this section is installed adjacent to and between both parking spaces.

(f) "EV supply equipment" means:

(I) An electric vehicle charging system as defined in section 38-12-601 (6)(a) that has power capacity of at least 6.2 kilowatts and has the ability to connect to the internet; or

(II) An inductive residential charging system for battery-powered electric vehicles that:

(A) Is certified by Underwriters Laboratories or an equivalent certification;

(B) Complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards;

(C) Is Energy Star certified; and

(D) Has the ability to connect to the internet.

(g) "Individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(h) "International energy conservation code" means the energy code published by the international code council, or subsequent code or entity.

(i) "Mixed fuel use building" means a residential or commercial building that is designed and built with equipment that uses gaseous fuels on site in addition to electricity.

(j) "Provisions for electrical service capacity" means:

(I) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has over current protection devices necessary for electric vehicle charging stations or has adequate space to add over current protection devices;

(II) A conduit system installed from building electrical service to parking spaces that can support, at a minimum, electrical wiring for installation of electric vehicle charging stations, and, if the conduit system is for future installation of electric vehicle charging stations, that labels both ends of the conduit system to mark the conduit system as provided for future electric vehicle charging stations; and

(III) Space within a building to add additional building electrical service for installation of electrical service capacity for electric vehicle charging stations.

(k) "Solar ready" means adequate panel capacity, dedicated electrical panel space, electrical conduit, physical roof space, and structural load to accommodate future installation of solar panels, with exemptions for small roofs and consistently shaded roofs.

(l) "State agencies" means the office of the state architect, the division of fire prevention and control, and the division of housing.

(2) Appointment of the energy code board. On or before October 1, 2022, the directors of the Colorado energy office and the department of local affairs shall appoint and convene an energy code board to develop both a model electric ready and solar ready code and a model low energy and carbon code for adoption by counties, municipalities, and state agencies.

(3) (a) Membership of the energy code board. The energy code board consists of the following members appointed by the director of the Colorado energy office:

(I) The director of the Colorado energy office or the director's designee;

(II) One member representing the urban counties of the state;

(III) One member representing the municipalities in rural areas of the state;

(IV) Two members representing environmental or sustainability groups;

(V) One member who is a solar power expert;

(VI) One member who is an energy efficiency expert;

(VII) One member representing professional engineers with experience working on systems for buildings;

(VIII) One member representing an electrical utility, a gas utility, or a combined electric and gas utility;

(IX) One member representing architects; and

(X) One member who is a building energy code expert.

(b) The energy code board consists of the following members appointed by the director of the department of local affairs:

(I) The director of the department of local affairs or the director's designee;

(II) One member representing the rural counties of the state;

(III) One member representing the municipalities in urban areas of the state;

(IV) Two members representing affordable housing operations:

(A) One of these members must represent a for-rent nonprofit builder who serves populations with incomes under eighty percent of an area's median income; and

(B) One of these members must represent a nonprofit affordable for-sale housing builder;

(V) Two members who hold an electrical license, plumbing license, or a professional credential in the mechanical trades, at least one of whom is a member of a labor organization;

(VI) One member representing a statewide organization for home building professionals;

(VII) One member with building operation expertise; and

(VIII) One member who is a contractor who provides mechanical, electrical, or plumbing services or represents a statewide association that represents mechanical, electrical, or plumbing contractors.

(c) One of the members identified in subsections (3)(a)(II), (3)(a)(III), (3)(b)(II), or (3)(b)(III) of this section must be a building official.

(d) In order to be selected by the director of the Colorado energy office or the director of the department of local affairs as a member of the energy code board, an applicant must submit with their application a recommendation from a relevant member or trade organization, if such member or trade organization exists. In making appointments to the energy code board, the directors of the Colorado energy office and the department of local affairs shall strive to ensure geographic diversity and that each of the three major climate zones in the state is represented.

(e) If any member of the energy code board steps down, otherwise elects to no longer serve, or otherwise can no longer serve on the energy code board, the directors of the Colorado energy office and the department of local affairs shall select that member's replacement according to the same criteria that the directors of the Colorado energy office and the department of local affairs used in originally selecting the member.

(f) The energy code board shall adopt policies and procedures as necessary to meet the requirements of this section.

(4) (a) Energy code board executive committee. The directors of the Colorado energy office and the department of local affairs shall appoint an executive committee for the energy code board that consists of the following members:

(I) The director of the Colorado energy office or the director's designee selected to serve on the energy code board pursuant to subsection (3)(a)(I) of this section;

(II) The director of the department of local affairs or the director's designee selected to serve on the energy code board pursuant to subsection (3)(b)(I) of this section;

(III) One member of the energy code board selected to represent either urban or rural counties who was selected to serve on the energy code board pursuant to subsection (3)(a)(II) or (3)(b)(II) of this section;

(IV) One member of the energy code board selected to represent municipalities from either urban or rural areas of the state who was selected to serve on the energy code board pursuant to subsection (3)(a)(III) or (3)(b)(III) of this section; and

(V) The member of the energy code board who is a building energy code expert and who was selected to serve on the energy code board pursuant to subsection (3)(a)(IX) of this section.

(b) Either the member of the executive committee selected pursuant to subsection (4)(a)(III) of this section or the member of the executive committee selected pursuant to subsection (4)(a)(IV) of this section must be a building official.

(5) (a) Duty of the energy code board to adopt a model electric ready and solar ready code. It is the duty of the energy code board to develop a model electric ready and solar ready code on or before June 1, 2023, for adoption by counties, municipalities, and state agencies.

(b) The model electric ready and solar ready code developed by the energy code board must apply to commercial and residential buildings and must include:

(I) Solar ready requirements;

(II) EV ready and EV capable requirements for residential buildings;

(III) EV ready, EV capable, and EV supply equipment installed requirements for multi-family and commercial buildings with provisions for electrical service capacity in twenty percent or more of the vehicle parking spaces in the garage or parking area;

(IV) Electric ready requirements for all single-family residential mixed fuel use buildings;

(V) Electric ready requirements for multi-family and small commercial mixed fuel use buildings under ten thousand square feet;

(VI) Requirements that multi-family and large commercial mixed fuel use buildings that are ten thousand square feet or greater provide dedicated electric panel space, electrical wire, electrical receptacles, and adequate panel capacity to accommodate the future installation of efficient, electric technologies and charging for electric vehicles. These requirements must take into account the cost-effectiveness of pre-wiring for efficient electric equipment and the ability to determine what wiring and receptacle locations would be needed; and

(VII) A process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board.

(c) In developing a model electric ready and solar ready code, the energy code board shall:

(I) Ensure that buildings can be converted to high efficiency electric space and water heating equipment and appliances at the lowest possible cost to building owners;

(II) In developing the model electric ready and solar ready code language for multi-family and large commercial mixed fuel use for buildings ten thousand square feet or greater, the energy code board shall develop clear guidelines to be included in the model energy ready and solar ready code that seek to minimize the costs that builders, building owners, and developers incur in meeting electric ready and solar ready code requirements while also ensuring that buildings can be converted to high efficiency electric space and water heating equipment and appliances at the lowest possible cost to building owners. These guidelines must include provisions for:

(A) A standard methodology for determining how to calculate or measure when compliance with a model electric and solar ready code reaches a substantial cost differential that would require a waiver or variance for some or all of the provisions of the model electric and solar ready code;

(B) An evidence-based, uniform waiver or variance process to allow a builder, developer, or building owner to request a waiver when it can be demonstrated with reasonable evidence that compliance will create a substantial cost differential; and

(C) As used in this subsection (5)(c)(II), "substantial cost differential" means one percent or greater of the total mechanical, electrical, and plumbing construction costs on the project;

(III) Take into account home affordability;

(IV) (A) Ensure that the model electric ready and solar ready code developed by the energy code board does not apply to construction or renovation that serves the primary purpose of making a building accessible or more accessible for an individual with a disability.

(B) As used in this subsection (5)(c)(IV), "accessible" means able to be approached, entered, and used;

(V) Ensure that the use of an acceptable refrigerant is not prohibited; and

(VI) Ensure that all electrical and plumbing installations required under the model electric ready and solar ready code are subject to statutory and regulatory inspection and permit requirements.

(6) (a) Duty of the energy code board to adopt a model low energy and carbon code. It is the duty of the energy code board to develop a model low energy and carbon code on or before September 1, 2025, for adoption by counties, municipalities, and state agencies.

(b) The model low energy and carbon code developed by the energy code board must apply to commercial and residential buildings and must:

(I) Include the more energy efficient of either the 2021 or 2024 international energy conservation code, except as the energy code board may modify those international energy conservation codes pursuant to subsection (7) of this section, including any appendices and resources to the international energy conservation code that the energy code board deems appropriate;

(II) Include the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to subsection (5) of this section, and modified as the energy code board deems appropriate, including accessibility requirements for EV capable, EV ready, and EV supply equipment installed parking spaces that take into consideration design recommendations for accessible electric vehicle charging stations published by the United States access board and any applicable regulations issued by the federal department of justice or department of transportation implementing the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;

(III) Provide compliance pathways for all-electric and mixed fuel use residential and commercial buildings;

(IV) Exempt electricity consumption in residential and commercial buildings from any onsite or offsite renewable energy requirements;

(V) Allow projects consisting of only replacing a space or water heating system, at the end of that system's useful life, with the installation of a new system using the same fuel or power source, without triggering pre-wire requirements;

(VI) Ensure that for any renewable energy measures used to ensure that a home or commercial building is compliant with the model low energy and carbon code developed by the energy code board, any electric renewable energy credits generated may not be double counted between compliance with this section and the requirements under section 25-7-105 (1)(e), section 40-3.2-108 (3)(b), section 40-2-125.5, or any similar greenhouse gas emission reduction program or set of requirements. Nothing in this section shall preclude a utility from acquiring renewable energy credits from a building owner through a net-metering agreement.

(VII) Take into account home affordability;

(VIII) Minimize overall carbon dioxide emissions associated with new and renovated homes and commercial buildings; and

(IX) Create a process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board.

(c) In developing a model low energy and carbon code, the energy code board shall:

(I) (A) Ensure that the model electric ready and solar ready code developed by the energy code board does not apply to construction or renovation that serves the primary purpose of making a building accessible or more accessible for an individual with a disability;

(B) As used in this subsection (6)(c)(I), "accessible" means able to be approached, entered, and used; and

(II) Ensure that the use of an acceptable refrigerant is not prohibited.

(7) Option to relax international energy conservation code appendices and resources. The energy code board may as necessary relax the stringency of any requirements in the international energy conservation code, including appendices and resources that it adopts as part of the model low energy and carbon code language it develops pursuant to subsection (6) of this section if it deems that doing so is appropriate, but the energy code board shall not increase the stringency of any requirements in the international energy conservation code, including appendices and resources that it adopts as part of the model low energy and carbon code language it develops pursuant to subsection (6) of this section.

(8) (a) Process for model code development. In order to develop either the model electric ready and solar ready code pursuant to subsection (5) of this section or the model low energy and carbon code pursuant to subsection (6) of this section, two-thirds of the members of the energy code board must approve each element of the model code.

(b) If two-thirds of the energy code board fail, on or before April 1, 2023, to adopt any element of the model electric ready and solar ready code required by subsection (5) of this section, the executive committee shall vote on that same element on or before May 15, 2023. If two-thirds of the energy code board fail, on or before June 1, 2025, to adopt an element of the model low energy and carbon required by subsection (6) of this section, the executive committee shall vote on that same element on or before August 1, 2025.

(c) Repealed.

(d) Upon a vote of the majority of the executive committee, an element that the energy code board failed to adopt is adopted as part of either the model electric ready and solar ready code or the model low energy and carbon code is adopted as an element of the respective model code.

(e) During the development of both the model electric ready and solar ready code and the model low energy and carbon code, the director of the department of local affairs or the director's designee and the director of the Colorado energy office or the director's designee shall ensure that the energy code board adheres to the requirements of this section.

(9) Acceptable refrigerants. The use of an acceptable refrigerant may not be prohibited or otherwise restricted by a locality, county, or other state rule or regulation; except that nothing in this article 38.5 may be construed to prohibit, limit, or otherwise modify the requirements of regulation number 22, 5 CCR 1001-26, as amended, or any entity's procurement requirements for their own use.

(10) (a) Reporting. The Colorado energy office shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(b) The department of local affairs shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(11) Repeal. This section is repealed, effective September 1, 2027.
C.R.S. § 24-60-4202 — CO Code / Title 24 / Article 12 / Part 42 / Section 24-60-4202
24-60-4202. Compact approved and ratified
Status: in_force

24-60-4202. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:

SECTION 1

PURPOSE

The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practices of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:

1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;

2. Enhance the states' ability to protect the public's health and safety;

3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;

4. Support spouses of relocating active duty military personnel;

5. Enhance the exchange of licensure, investigative, and disciplinary information between member states;

6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and

7. Allow for use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

SECTION 2

DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

A. "Active duty military" means full-time duty status in the active uniformed services of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.

B. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.

C. "Alternative program" means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

D. "Audiologist" means an individual who is licensed by a state to practice audiology.

E. "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.

F. "Audiology and Speech-Language Pathology Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact.

G. "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists.

H. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.

I. "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

J. "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.

K. "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

L. "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

M. "Home state" means the member state that is the licensee's primary state of residence.

N. "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

O. "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

P. "Member state" means a state that has enacted the Compact.

Q. "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.

R. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

S. "Rule" means a regulation, principle, or directive promulgated by the Commission that has the force of law.

T. "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

U. "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.

V. "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.

W. "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.

X. "State practice laws" means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

Y. "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.

SECTION 3

STATE PARTICIPATION IN THE COMPACT

A. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.

B. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the requirement that an applicant for licensure under the Compact must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the board. The board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the Compact. The board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The board shall not release the results to the public, the Commission, or any other regulator, as that term is defined in section 12-20-102 (14).

1. A member state must fully implement a criminal background check requirement, within a time frame established by rule.

2. Communication between a member state, the Commission, and among member states regarding verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.

C. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant.

D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws.

E. For an audiologist:

1. Must meet one of the following educational requirements:

a. On or before, December 31, 2007, has graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or

b. On or after, January 1, 2008, has graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or

c. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

2. Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission;

3. Has successfully passed a national examination approved by the Commission;

4. Holds an active, unencumbered license;

5. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law;

6. Has a valid United States Social Security number or a National Practitioner Identification number.

F. For a speech-language pathologist:

1. Must meet one of the following educational requirements:

a. Has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or

b. Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

2. Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission;

3. Has completed a supervised postgraduate professional experience as required by the Commission.

4. Has successfully passed a national examination approved by the Commission;

5. Holds an active, unencumbered license;

6. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law;

7. Has a valid United States Social Security or a National Practitioner Identification number.

G. The privilege to practice is derived from the home state license.

H. An audiologist or a speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.

I. Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.

J. Member states may charge a fee for granting a compact privilege.

K. Member states must comply with the bylaws and rules and regulations of the Commission.

SECTION 4

COMPACT PRIVILEGE

A. To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall:

1. Hold an active license in the home state;

2. Have no encumbrance on any state license;

3. Be eligible for a compact privilege in any member state in accordance with Section 3;

4. Have not had any adverse action against any license or compact privilege within the previous two (2) years from date of application;

5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);

6. Pay any applicable fees, including any state fee, for the compact privilege;

7. Report to the Commission adverse action taken by any non-member state within thirty (30) days from the date the adverse action is taken.

B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.

C. Except as provided in Section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two-member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.

D. The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

E. A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

F. If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.

G. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state.

H. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

I. A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.

J. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occurs:

1. The home state license is no longer encumbered; and

2. Two years have elapsed from the date of the adverse action.

K. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.

L. Once the requirements of Section 4J have been met, the licensee must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

SECTION 5

COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.

SECTION 6

ACTIVE DUTY MILITARY PERSONNEL

OR THEIR SPOUSES

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.

SECTION 7

ADVERSE ACTIONS

A. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

1. Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

3. Only the home state shall have the power to take adverse action against an audiologist's or a speech-language pathologist's license issued by the home state.

B. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In doing so, the home state shall apply its own state laws to determine appropriate action.

C. The home state shall complete any pending investigations of an audiologist or a speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

D. If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

E. The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.

F. Joint Investigations

1. In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

G. If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or a speech language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.

H. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

I. Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 8

ESTABLISHMENT OF AUDIOLOGY AND

SPEECH-LANGUAGE PATHOLOGY

COMPACT COMMISSION

A. The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission:

1. The Commission is an instrumentality of the Compact states.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each member state shall have two (2) delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.

2. An additional five (5) delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large.

3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

4. The member state board shall fill any vacancy occurring on the Commission, within ninety (90) days.

5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

6. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Establish a Code of Ethics;

4. Maintain its financial records in accordance with the bylaws;

5. Meet and take actions as are consistent with the provisions of this Compact and the bylaws;

6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;

7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

10. Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any real, personal, or mixed property; provided that at all times the Commission shall avoid any appearance of impropriety;

13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

14. Establish a budget and make expenditures;

15. Borrow money;

16. Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this Compact and the bylaws;

17. Provide and receive information from, and cooperate with, law enforcement agencies;

18. Establish and elect an Executive Committee; and

19. Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.

D. The Executive Committee

The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact:

1. The Executive Committee shall be composed of ten (10) members:

a. Seven (7) voting members who are elected by the Commission from the current membership of the Commission;

b. Two (2) ex-officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and

c. One (1) ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.

E. The ex-officio members shall be selected by their respective organizations.

1. The Commission may remove any member of the Executive Committee as provided in bylaws.

2. The Executive Committee shall meet at least annually.

3. The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact's legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;

b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of member states and provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in rules or bylaws.

4. Meetings of the Commission

All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10.

5. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or the Executive Committee or other committees of the Commission must discuss:

a. Noncompliance of a member state with its obligations under the Compact;

b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement purposes;

i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use by the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

7. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

8. Financing of the Commission

a. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

b. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

c. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the costs of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

9. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

10. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

F. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgement obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 9

DATA SYSTEM

A. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Non-confidential information related to alternative program participation;

5. Any denial of application for licensure, and the reason(s) for denial; and

6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

C. Investigative information pertaining to a licensee in any member state shall only be available to other member states.

D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 10

RULEMAKING

A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

2. On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the proposed rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

F. Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings shall be recorded. A copy of the recording shall be made available on request.

4. Nothing in this Section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this Section.

I. Following the scheduled hearing date, or by close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds; or

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 11

OVERSIGHT, DISPUTE RESOLUTION,

AND ENFORCEMENT

A. Dispute Resolution

1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

B. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 12

DATE OF IMPLEMENTATION OF THE INTERSTATE

COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE

PATHOLOGY PRACTICE AND ASSOCIATED RULES,

WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth (10th) member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

B. Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

C. Any member state may withdraw from this Compact by enacting a statute repealing the same.

1. A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.

E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 13

CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 14

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

B. All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

C. All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

D. All agreements between the Commission and the member states are binding in accordance with their terms.

E. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
C.R.S. § 24-38.5-121 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-121
24-38.5-121. Assessment of advanced energy solutions in rural Colorado - northwestern and wes
Status: repealed

24-38.5-121. Assessment of advanced energy solutions in rural Colorado - northwestern and west end of Montrose county Colorado study - southeastern Colorado study - report - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) Colorado is undergoing an energy transition;

(II) Colorado's energy economy has traditionally supported good-paying jobs and local communities, and the study of reliable and affordable energy technologies, including gas generation with carbon capture and storage, geothermal, clean hydrogen, advanced nuclear, wind, solar coupled with storage, long duration storage, and transmission, is necessary to help support the development of rural economies and to create jobs; and

(III) In addition, firm energy resources can help lower long-term electricity costs and improve system reliability.

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

(I) While this is a statewide transition, the counties of Moffat, Rio Blanco, and Routt in northwest Colorado, and especially the municipalities of Craig and Hayden, have played a particularly important role as producers of electric energy powered by the burning of coal from nearby mines and will experience significant loss of good jobs and property tax revenue. Similarly, the west end of the county of Montrose in western Colorado, and especially the municipalities of Naturita and Nucla, until 2019 played an important role as producers of electric energy powered by the burning of coal from a nearby mine and have already experienced the loss of good jobs and property tax revenue as a the result of this transition.

(II) As Colorado advances its energy transition, it is also considering the expansion of transmission that will unlock investment in energy solutions in southeastern Colorado. Recent considerations of the expansion of transmission in southeastern Colorado include a public utilities commission decision approving an application for an energy company to build its power pathway project, including provisional approval of a line into southeastern Colorado, and a recent agreement by another energy company to study additional transmission in southeastern Colorado as part of its resource planning. Finally, the office has worked with a broad range of stakeholders to submit a concept paper seeking funding from the United States department of energy to fund stakeholder work and studies that would, if funded, study additional transmission into the San Luis Valley and southeastern Colorado as part of a regional transmission project.

(III) Due to the unique circumstances in northwestern and west end of Montrose county Colorado and southeastern Colorado, as described in this subsection (1)(b), directing the Colorado energy office to conduct studies of electric transmission and advanced energy solutions technologies in the northwestern and west end of Montrose county Colorado and in southeastern Colorado will help address the need for firm energy generation and support the development of rural economies.

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

(a) "Director" means the director of the office or the director's designee.

(b) "Office" means the Colorado energy office created in section 24-38.5-101.

(3) (a) The director shall conduct or cause to be conducted studies of electric transmission and advanced energy solutions technologies, including geothermal, clean hydrogen, advanced nuclear, wind and solar coupled with storage, and long duration storage. One study must focus on northwestern and west end of Montrose county Colorado, as specified in subsection (3)(b) of this section, and one study must focus on southeastern Colorado, as specified in subsection (3)(c) of this section.

(b) Northwestern and west end of Montrose county Colorado study. In the northwestern and west end of Montrose county Colorado study, the director must examine or cause to be examined a range of advanced firm dispatchable energy resources that can leverage existing energy infrastructure, including existing substation and transmission infrastructure, to assess which alternative firm energy resources, technologies, or combination of resources, including skilled workers from the retirement of coal-fired power plants, might best preserve or replace jobs, provide new tax revenue in the northwestern and west end of Montrose county Colorado, and help achieve the state's energy goals. The office must also assess the effects of those resources on electricity costs and on disproportionately impacted communities. In addition, the northwestern and west end of Montrose county Colorado study must examine the potential for greater transmission and interconnection with energy resources on the western slope of Colorado and the issues specified in subsection (4) of this section.

(c) Southeastern Colorado study. In the southeastern Colorado study, the director must assess or cause to be assessed the potential for the development of new energy resources in southeastern Colorado. In addition to assessing the development of wind, solar, and storage, the study must also consider a range of advanced firm dispatchable energy resources, including resources that may use new transmission investments to assess which alternative firm energy resources, technologies, or combinations of resources might best preserve jobs, provide new tax revenue in southeastern Colorado, and help achieve the state's energy goals. In addition, the southeastern Colorado study must examine the issues specified in subsection (4) of this section.

(4) The northwestern and west end of Montrose county Colorado study and the southeastern Colorado study required pursuant to subsection (3) of this section must both include an investigation into and an evaluation of the following:

(a) The economics of advanced firm energy resources in the region, including:

(I) The economic forecasts needed to support advanced energy solutions generation integrated with other energy sources in the region;

(II) The time frame for the deployment of advanced energy solutions generation;

(III) The impacts and risks of advanced energy solutions generation to utility ratepayers and to disproportionately impacted communities; and

(IV) The incentives that would be appropriate or available to encourage the development of advanced energy generation in the region;

(b) Methods to provide new employment opportunities for highly skilled workers to assist the region in the transition to energy solutions for electricity generation, including:

(I) Potential job opportunities for highly skilled workers;

(II) The quantity of potential jobs for highly skilled workers;

(III) The likely compensation that the jobs will provide; and

(IV) The skill sets that highly skilled workers would be required to have to be qualified to perform the jobs;

(c) The estimated property tax revenue that will result from firm energy generation in the region;

(d) The ways in which the transition to new energy resources can help utility companies that operate in the region use existing capital investment in plant and transmission lines to advance firm energy generation;

(e) The regulatory and legislative framework that is necessary to support the transition to firm power generation in the region, including the use of federal funding to help support the development of new energy resources in the northwestern and west end of Montrose county Colorado, and southeastern Colorado;

(f) The potential opportunities to leverage federal tax credits, grants, and loans, including programs specifically targeted toward energy transition communities, to support advanced energy solutions deployment;

(g) The steps that should be taken in the region to advance the possibility of geothermal, advanced nuclear, clean hydrogen, carbon capture natural gas power plants, long duration energy storage, wind and solar coupled with storage, and other firm energy sources as part of the carbon free goals set by Colorado;

(h) Whether scalable or dispatchable electricity from advanced nuclear and other firm energy generation sources can ensure that the electrical grid makes optimal use of intermittent resources;

(i) The cost implications for potential technology pathways and the impacts of such technology pathways on utility ratepayers; and

(j) Any other information that the director deems necessary.

(5) On or before July 1, 2025, the director shall submit the findings and conclusions of the northwestern and west end of Montrose county Colorado study and the southeastern Colorado study required in subsection (3) of this section to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees and to the just transition office created in section 8-83-503 (1). The findings and conclusions submitted must include any recommendations including administrative or legislative action needed to assist northwestern and west end of Montrose county Colorado in the transition to firm energy generation sources and to assist southeastern Colorado in the development of new energy resources.

(6) This section is repealed, effective September 1, 2026.
C.R.S. § 24-115-106 — CO Code / Title 24 / Article 115 / Section 24-115-106
24-115-106. Meetings of board - quorum - expenses
Status: in_force

24-115-106. Meetings of board - quorum - expenses. (1) Three members of the board shall constitute a quorum for the purpose of conducting business and exercising the board's powers. Action may be taken by the board upon the affirmative vote of three members of the board. A vacancy in the membership of the board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(2) Each meeting of the board, for any purpose whatsoever, shall be open to the public and records of the corporation shall be subject to the open records law under article 72 of this title. However, the board may go into executive session as permitted pursuant to section 24-6-402. Notice of meetings shall be as provided in the bylaws of the corporation. If a meeting of the board is called for the sole purpose of adopting resolutions authorizing the issuance of notes by the corporation, one or more members of the board may participate in the meeting and may vote on the resolutions through the usage of telecommunications devices, including, but not limited to, the usage of a conference telephone or similar communications equipment. Participation through telecommunications devices shall constitute presence in person at such meeting, but use of telecommunications shall not supersede any requirements for public hearing otherwise provided by law. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board are public records.

(3) Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including travel and lodging expenses, incurred in the discharge of their official duties. Any payments for expenses shall be paid from the critical needs fund, created in section 24-115-111.
C.R.S. § 24-72-102 — CO Code / Title 24 / Article 72 / Part 1 / Section 24-72-102
24-72-102. District court to restore destroyed records
Status: in_force

24-72-102. District court to restore destroyed records. (1) Whenever the public records of any plat or map or any tax list, assessment roll, or any public record or writing connected with the assessment and collection of the revenues of such county and of the state which is required to be kept by the county clerk and recorder of such county in his office is lost or destroyed by fire or otherwise, it is the duty of the county attorney of the county in which such loss or destruction occurs to file in the district court of such county an information in the name of the people of the state of Colorado, setting forth substantially the fact of such loss or destruction of such public records, or so much thereof as may be desired to be reproduced and reestablished or restored, with the circumstances attending the loss or destruction of the same, as nearly as may be, and thereupon the clerk of such court shall cause such information to be published in full in one or more newspapers published in such county for the period of four weeks, together with the notice addressed, "To all whom it may concern", that the court, at a term therein designated to be held not less than four weeks from the first publication of such information and notice, will proceed to hear and determine the matters in said information set forth and will take testimony for the purpose of reproducing, reestablishing, or restoring such records as the court finds to be lost or destroyed. Upon such publication being made, all persons interested shall be deemed defendants and may appear in person or by counsel and be heard touching such proceedings.

(2) If the court is satisfied that any public record has been lost or destroyed, an order to that effect shall be entered of record, and thereupon the court shall proceed to take testimony for the purpose of reproducing, reestablishing, or restoring the records so lost or destroyed. The proceedings may be continued from time to time and orders and decrees shall be made as to each record, map, plat, tax list, and assessment roll separately. The clerk shall cause all maps, plats, tax lists, assessment rolls, or other records adjudged by the court to be correct copies of the records lost or destroyed, as often and as soon as they are so adjudged, to be filed in the office of the county recorder, with a certified copy of the order or judgment of the court in the premises attached thereto and recorded in a book to be provided for that purpose, and the said record shall be deemed and taken in all courts and places as a public record and as a true and correct reproduction of the original record so lost or destroyed; but any tax list or assessment roll so reproduced and restored, or so much thereof as may be reproduced and restored under the provisions of this section, shall be sufficient authority for the treasurer of such county to collect all taxes contained therein, the same in all respects as if it were the original tax list or assessment roll and were made out, certified, and delivered to him within the time required by law.
C.R.S. § 24-33.5-211 — CO Code / Title 24 / Article 33.5 / Part 2 / Section 24-33.5-211
24-33.5-211. Divisions - publications
Status: repealed

24-33.5-211. Divisions - publications. (1) The chief may establish such divisions as are necessary for adequate patrolling of the highways of this state. He shall place in the field such members of the Colorado state patrol as are necessary to carry out the activities and operations of the Colorado state patrol.

(1.5) The chief shall establish a division to address human smuggling and human trafficking on the highways of this state. For the fiscal year beginning July 1, 2006, this division shall include twelve full-time employees, and, for the fiscal year beginning July 1, 2007, this division shall include twenty-four full-time employees. The chief shall appoint these employees as well as any additional employees to the division.

(2) The chief may establish, staff, and maintain a division of safety and education to cooperate with the various schools, civic organizations, and other bodies interested in the teaching and promotion of safety upon the streets and highways of this state, to distribute safety information, tabulations, and data to the officers of the Colorado state patrol, as well as to other interested persons and organizations, to furnish speakers, data, and programs for safety meetings, and to cooperate in the organization and functioning of all highway safety organizations within the state. The chief is authorized to obtain motion picture projectors, safety film, and other material essential to the promotion of a safety education program in this state.

(3) The chief may establish a school for the training and education of the members of the Colorado state patrol. Attendance at such school may include officers of other police agencies and departments of the state if attendance is deemed beneficial to the interests of the general law enforcement program of this state.

(4) Repealed.

(5) Any publications of the Colorado state patrol circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
C.R.S. § 24-92-304 — CO Code / Title 24 / Article 92 / Part 3 / Section 24-92-304
24-92-304. Energy sector public works projects - craft labor employment - training - wage r
Status: in_force

24-92-304. Energy sector public works projects - craft labor employment - training - wage requirements. (1) (a) Except as otherwise provided in subsections (1)(b) and (1)(c) of this section, a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project must include provisions expressly requiring that all work performed under the contract comply with the requirements of section 24-92-115 (7) and the requirements of part 2 of this article 92 if the project is an electric power generation project with a nameplate generation capacity of one megawatt or higher or if the project is a project specified in section 24-92-303 (5)(b)(II) with a total project cost of one million dollars or more. These requirements constitute material terms of such contracts.

(b) (I) For energy sector public works projects funded pursuant to section 24-92-303 (5)(a)(I)(A), the requirements of this part 3 apply only when the project is a power generation project with a nameplate generation capacity of one megawatt or higher or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher and the aggregated public assistance from the state is five hundred thousand dollars or more.

(II) For energy sector public works projects under section 24-92-303 (5)(b)(II), the requirements of this part 3 apply only when the total project cost is one million dollars or more, and the aggregated public assistance from the state, funding from a public utility, or funding from a cooperative electric association is five hundred thousand dollars or more.

(c) The requirements of this part 3 do not apply to:

(I) A project that is covered by a project labor agreement;

(II) Work on an energy sector public works project performed by the employees of a utility company;

(III) So long as compliance with any applicable federal "Inflation Reduction Act" qualification requirements is a material term of the agreement with a public utility, cooperative electric association, independent power producer, or the state, work on an energy sector public works project put out to bid on or after January 1, 2024, that is qualified for and claims the increased federal production tax credit or investment tax credit amount, excluding any domestic content, energy community, or low-income community bonus credit, as a result of:

(A) Satisfying the prevailing wage and apprenticeship requirements under the provisions of the federal "Inflation Reduction Act"; or

(B) Achieving the start of construction prior to January 29, 2023, pursuant to the principles outlined in the federal internal revenue service guidance and the United States department of labor guidance related to the federal "Inflation Reduction Act", as amended or supplemented from time to time;

(IV) A utility-incentivized demand-side management or electrification program pursuant to section 40-3.2-105.5 or 40-3.2-105.6;

(V) Utility or state-funded building energy efficiency programs;

(VI) Service agreements that were entered into by a public utility, independent power producer, or cooperative electric association on or before March 1, 2023; except that, upon renewal or issuance of a new request for proposals, the service agreement must come into compliance with the requirements of this section;

(VII) Projects that involve an electric distribution line with a capacity of 69kv or less; and

(VIII) Projects that involve pipelines with a specified minimum yield strength less than thirty percent.

(2) Unless the contractual requirements specified in subsection (1) of this section are in place, an affected project shall not be eligible to:

(a) Receive funding from the state through general fund appropriations, tax credits, tax deductions, land transfers, or other funding or assistance provided by the general assembly or a government agency; or

(b) Receive any approvals or authorizations from the public utilities commission, including approvals for utility funding or for commencement of the project, including a certificate of public convenience.

(3) The lead contractor engaged to perform construction services for an energy sector public works project must require all subcontractors used on the project to comply with section 24-92-115 (7) and part 2 of this article 92 by ensuring that such requirements are stipulated in all subcontracts. Lead contractors must take all reasonably necessary steps to ensure compliance by monitoring subcontractors.

(4) The public utilities commission shall not find an energy sector public works project to be in compliance with section 40-2-129 unless the construction contract for the project includes provisions expressly requiring that all work performed under the contract comply with the requirements of section 24-92-115 (7) and part 2 of this article 92. Compliance with this subsection (4) does not prevent the commission from considering all "best value" employment metrics as defined in section 40-2-129, including those metrics that are not directly related to the procurement of craft labor and apprenticeship training on an energy sector public works project.

(5) Consistent with section 24-92-203 (4), bidders on energy sector public works projects shall not artificially divide the overall generation capacity or overall project cost of an energy sector public works project to deliberately avoid the requirements to comply with section 24-92-115 (7) and part 2 of this article 92. The public utilities commission, the state, a public utility, or a cooperative electric association may still require compliance with prevailing wage and apprenticeship utilization requirements if they determine that a bidder has artificially divided a project with the intent of avoiding the requirement to comply with those sections.
C.R.S. § 24-70-230 — CO Code / Title 24 / Article 70 / Part 2 / Section 24-70-230
24-70-230. Remedies
Status: in_force

24-70-230. Remedies. Disputes arising in connection with the solicitation, award, or performance of contracts for public printing shall be resolved pursuant to the provisions of article 109 of this title.
C.R.S. § 24-33.5-1225 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1225
24-33.5-1225. Emergencies
Status: in_force

24-33.5-1225. Emergencies. When the governor finds that conditions of extreme fire hazard exist, he or she may by proclamation close such land as he or she may find to be in such condition of extreme hazard to the general public and prohibit or limit burning thereon to such a degree and in such ways as he or she deems necessary to reduce the danger of forest fire. The governor shall declare the end of any such emergency only upon a finding that the conditions of extreme fire hazard no longer exist.
C.R.S. § 24-6-301 — CO Code / Title 24 / Article 6 / Part 3 / Section 24-6-301
24-6-301. Definitions - legislative declaration
Status: repealed

24-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires:

(1) "Client" means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. For the purposes of this part 3, a professional lobbyist is not a client of another lobbyist for whom he or she undertakes lobbying on a subcontract basis nor is the professional lobbyist a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients. Where the client is an organization or entity, nothing in this subsection (1) requires the organization or entity to provide the names of any of its shareholders, investors, business partners, coalition partners, members, donors, or supporters, as applicable.

(1.3) "Communication" includes but is not limited to a transmittal of information, data, ideas, opinions, or anything of a similar nature, either oral, written, or by any other means, to a covered official.

(1.5) "Contribution" means a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. "Contribution" also includes the compensation and reimbursement for expenses of a person required to file a disclosure statement under section 24-6-302.

(1.7) "Covered official" means:

(a) For the type of lobbying defined in subparagraphs (I), (II.5), and (III) of paragraph (a) of subsection (3.5) of this section, the governor, the lieutenant governor, a member of the general assembly, or the director of research of the legislative council of the general assembly or any member of legislative council staff;

(b) For the type of lobbying defined in subparagraph (IV) of paragraph (a) of subsection (3.5) of this section, a member of a rule-making board or commission or a rule-making official of a state agency which has jurisdiction over the subject matter of a rule, standard, or rate.

(1.9) (a) "Disclosure statement" means a written statement that contains:

(I) The name and address of each client or other professional lobbyist who has made a contribution totaling one hundred dollars or more for lobbying and the amount paid since the previous disclosure report;

(II) The total sum of the contributions made to or for the disclosing person for lobbying since the last disclosure statement which are not stated under subparagraph (I) of this paragraph (a);

(III) The total sum of all contributions made to or for the disclosing person for lobbying since the last disclosure statement and during the fiscal year;

(IV) The name of the covered official to or for whom such expenditures of more than fifty-three dollars have been made by or on behalf of the disclosing person for gift or entertainment purposes in connection with lobbying or for whom an expenditure was made by or on behalf of the disclosing person for a gift of a meal at a fund-raising event of a political party described in section 1-45-105.5 (1)(c)(IV), C.R.S., during either the first six months or the second six months of a state fiscal year and the amount, date, and principal purpose of the gift or entertainment, if the covered official or a member of his or her family actually received such gift or entertainment, but expenditures of one dollar or less shall be reported under subparagraph (V) of this paragraph (a). All amounts that a professional lobbyist spends on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes.

(V) The total sum of all such expenditures made by or on behalf of the disclosing person to covered officials for gift or entertainment purposes in connection with lobbying since the last disclosure statement that are not stated under subparagraph (IV) of this paragraph (a);

(VI) (Deleted by amendment, L. 96, p. 1081, § 1, effective August 7, 1996.)

(VII) The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying, other than gift and entertainment expenditures, since the last disclosure statement which are not stated under subparagraph (VI) of this paragraph (a);

(VIII) The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying since the last disclosure statement and during the fiscal year;

(IX) A statement, which shall only be given by a professional lobbyist, which contains the names of, and the amounts of any expenditures or contributions made to, any papers, periodicals, magazines, radio or television stations, or other media of mass communication to whom expenditures or contributions were made in which the professional lobbyist or his employer or agent has caused to be published any advertisements, articles, or editorials relating to lobbying; except that this information is not required for regular or routine publications sent primarily to the members of the professional lobbyist's organization, which publications contain information relating to his lobbying;

(X) The nature of the legislation, standards, rules, or rates for which the disclosing person is lobbying and, where known, the specific legislation, standards, rules, or rates. In the case of specific legislation, the professional lobbyist shall include the bill number of the legislation, and whether such lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time of the disclosure statement. The professional lobbyist shall specify that his or her representation is accurate as of the date of disclosure only and that the representation is not binding and is subject to change after the date and before the time the next disclosure statement is due. If a professional lobbyist fails to show any bill numbers or nature of the legislation, as applicable, such lobbyist shall affirm that he or she was not retained in connection with any legislation. Nothing in this subparagraph (X) requires any additional disclosure on the part of a lobbyist before the next applicable reporting deadline pursuant to section 24-6-302 (3). For purposes of this subparagraph (X), "legislation" means the process of making or enacting law in written form in the form of codes, statutes, or rules. Nothing in this subparagraph (X) requires a lobbyist to amend a previously filed disclosure statement upon learning the bill number of a previously disclosed piece of legislation.

(XI) If the client or professional lobbyist is an individual, the name and address of the individual and a description of the business activity in which the individual is engaged. If the client or professional lobbyist is a business entity, a description of the business entity in which the client or lobbyist is engaged and the name or names of the entity's chief executive officer, partners, or other designated contact person, as applicable. If the client or lobbyist is an industry, trade, organization or group of persons, or professional association, a description of the industry, trade, organization or group of persons, or profession that the lobbyist represents.

(XII) A statement detailing any direct business association of the disclosing person in any pending legislation, measure, or question. For purposes of this subparagraph (XII), a "direct business association" means that, in connection with a pending bill, measure, or question, the passage or failure of the bill, measure, or question will result in the disclosing person deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the disclosing person's profession, occupation, or industry. A disclosing person shall not be deemed to have a direct personal relationship in a pending bill, measure, or question where such interest arises from a bill, measure, or question that affects the entire membership of a class to which the disclosing person belongs.

(b) The secretary of state shall prescribe a form for disclosure statements, which shall contain:

(I) A statement, which the disclosing person may adopt, if true, that no change has occurred since the prior month's disclosure statement, in which case the information required by paragraph (a) of this subsection (1.9) may be omitted;

(II) A statement, which the disclosing person may adopt, if true, that no unreported contributions for lobbying are receivable and that no unreported expenditures for lobbying will be made during the remainder of the fiscal year;

(III) A statement which the disclosing person shall sign indicating that the information provided is correct and complete; but notarization of such statement shall not be required. The disclosing person, in signing such statement, shall be subject to section 18-8-503, C.R.S., concerning false statements made to a public servant.

(c) Whenever a person required to file a disclosure statement under this part 3 solicits, collects, or receives contributions which are used for lobbying as well as for other purposes, or makes an expenditure which is attributable to lobbying as well as to other purposes, such contributions and expenditures shall be allocated between lobbying and other purposes, and the disclosure statement shall contain that portion allocated to lobbying.

(2) "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.

(2.3) "Fiscal year" means the period commencing July 1 of a calendar year and concluding June 30 of the following calendar year.

(2.5) "Gross income for lobbying" means the total amount received from a client, including compensation for services, fees, and similar payments, before any deductions are made, by a professional lobbyist for lobbying or by a lobbying firm.

(3) Repealed.

(3.5) (a) "Lobbying" means communicating directly, or soliciting others to communicate, with a covered official for the purpose of aiding in or influencing:

(I) The drafting, introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, or veto by any covered official on:

(A) Any bill, resolution, amendment, nomination, appointment, or report, whether or not in writing, pending or proposed for consideration by either house of the general assembly or committee thereof, whether or not the general assembly is in session;

(B) Any other matter pending or proposed in writing by any covered official for consideration by either house of the general assembly or a committee thereof, whether or not the general assembly is in session;

(II) Repealed.

(II.5) The preparation of a fiscal summary or an initial fiscal impact statement required by section 1-40-105.5;

(III) The convening of a special session of the general assembly or the specification of business to be transacted at such special session;

(IV) The drafting, consideration, amendment, adoption, or defeat of any rule, standard, or rate of any state agency having rule-making authority.

(b) Subject to the exclusions and provisions of this paragraph (b), for the purpose of determining when contributions and expenditures become reportable in disclosure statements, "lobbying" includes activities undertaken by the person engaging in lobbying and persons acting at his request to prepare for lobbying which in fact ultimately occurs, provided:

(I) No such reports shall be required for activities occurring prior to the preceding fiscal year;

(II) Expenditures shall not be reported when such expenditures are incurred by a person in the ordinary course of the business or affairs of such person and are not made for lobbying. Such nonreportable expenditures will include, but not be limited to, the keeping of books of account and the routine collection of statistics and other data.

(c) "Lobbying" does not include communications made by a person in response to a statute, rule, regulation, or order requiring such a communication.

(d) (I) "Lobbying" does not include communications by a person who appears before a committee of the general assembly or a rule-making board or commission solely as a result of an affirmative vote by the committee, board, or commission issuing a mandatory order or subpoena commanding that the person appear and testify, or making such a person a respondent in such a proceeding whether or not the person is reimbursed by the committee, board, or commission for expenses incurred in making such appearance.

(II) (Deleted by amendment, L. 2004, p. 431, § 1, effective August 4, 2004.)

(III) (A) Legislative declaration. The general assembly hereby declares its support of the "Colorado Sunshine Act of 1972" and the open process that it has brought to the legislative process in Colorado. The general assembly's intent in enacting this subparagraph (III) is to achieve a more uniform application of the lobbying laws to witness testimony and to clarify the ability of the public to provide testimony to the general assembly and to state agencies.

(B) "Lobbying" excludes persons who are not otherwise registered as lobbyists and who limit their activities to appearances to give testimony or provide information to committees of the general assembly or at public hearings of state agencies or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information.

(e) "Lobbying" does not include communications made by an attorney-at-law when such communications are made on behalf of a client whose name has been identified and when such communications constitute the practice of law subject to control by the judicial branch of the state of Colorado.

(f) "Lobbying" does not include duties performed by employees of the legislative department.

(3.6) "Lobbying firm" means a person or entity employing one or more professional lobbyists to lobby on behalf of a client that is not the person or entity. "Lobbying firm" includes a self-employed professional lobbyist.

(3.7) "Lobbyist" means either a professional or a volunteer lobbyist.

(4) "Person" means an individual, limited liability company, partnership, committee, association, corporation, or any other organization or group of persons.

(5) "Political committee" means any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice-presidential electors or any duly authorized committee or subcommittee of a national, state, or local political party.

(5.5) Repealed.

(6) "Professional lobbyist" means a person, business entity, including a sole proprietorship, or an employee of a client, who is compensated by a client or another professional lobbyist for lobbying. "Professional lobbyist" does not include any volunteer lobbyist, any state official or employee acting in his official capacity, except as provided in section 24-6-303.5, any elected public official acting in his official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding.

(7) "Volunteer lobbyist" means any individual who engages in lobbying and whose only receipt of money or other thing of value consists of nothing more than reimbursement for actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking, while engaged in lobbying or for actual expenses incurred in informing the organization making the reimbursement or the members thereof of his lobbying.
C.R.S. § 24-51-1506.5 — CO Code / Title 24 / Article 51 / Part 15 / Section 24-51-1506.5
24-51-1506.5. Additional choices for employees who were eligible employees before January 1, 2
Status: in_force

24-51-1506.5. Additional choices for employees who were eligible employees before January 1, 2006. (1) Effective July 1, 2009, any employee who became eligible to participate in the state defined contribution plan before January 1, 2006, who was a member or inactive member of the association may, as long as the employee is employed in a position with an employer for which the association's defined contribution plan is available, make a written election during the annual open enrollment period for the state employees group benefit plan of any year to participate in the association's defined contribution plan. The written election shall be effective the first day of the annual state employees group benefit plan year established pursuant to section 24-50-604 (1)(m). In the absence of such written election, the employee shall be a member of the association's defined benefit plan.

(2) Any employee who was eligible to participate in the state defined contribution plan before January 1, 2006, and who elects to participate in the association's defined contribution plan pursuant to subsection (1) of this section shall specify one of the following options:

(a) To terminate future defined benefit contributions beginning on the date of election while maintaining rights as provided by the laws applicable to the association relative to any contributions or benefits accrued prior to such election; or

(b) To terminate membership in the association's defined benefit plan and require payment by the association of all member contributions, accrued interest on such contributions, and matching employer contributions, as provided by the laws applicable to the association, to the association's defined contribution plan. Such election shall constitute a waiver of all rights and benefits provided by the association. Within ninety days after receipt of notice of an election to terminate membership pursuant to this paragraph (b), the association shall pay to the association's defined contribution plan an amount equal to the employee's member contributions plus accrued interest calculated pursuant to section 24-51-407 and matching employer contributions paid pursuant to section 24-51-408.

(3) (a) Effective July 1, 2009, any employee who became eligible to participate in the state defined contribution plan before January 1, 2006, and who participated in the state defined contribution plan before July 1, 2009, and became a member of the association's defined contribution plan pursuant to section 24-51-1501 (2) or 24-51-1503 (3) may terminate future contributions to the association's defined contribution plan and instead participate in the association's defined benefit plan by making a written election during the annual open enrollment period for the state employee group benefit plan of any year. The written election shall be effective on the first day of the annual state employee group benefit plan year, established pursuant to section 24-50-604 (1)(m). Any such election to participate in the association's defined benefit plan shall be in writing and shall be filed with the association and with such eligible employee's employer. In the absence of such written election, the employee shall be a member of the association's defined contribution plan.

(b) Any employee who terminates participation in the defined contribution plan pursuant to paragraph (a) of this subsection (3) and becomes a member of the association's defined benefit plan may, upon meeting the requirements of section 24-51-505, purchase service credit for the period of employment during which the employee was a participant in the defined contribution plan. The cost to purchase service credit shall be determined in accordance with section 24-51-505 (3). The employee may elect to have any portion of the employee's account paid from the defined contribution plan to the association to facilitate the purchase of service credit through a direct rollover in accordance with section 401 (a)(31) of the federal "Internal Revenue Code of 1986", as amended. The employee may not be vested in the association's defined contribution plan upon purchasing service credit for employment that was covered by the defined contribution plan.
C.R.S. § 24-32-721 — CO Code / Title 24 / Article 32 / Part 7 / Section 24-32-721
24-32-721. Colorado affordable housing construction grants and loans - housing development
Status: repealed

24-32-721. Colorado affordable housing construction grants and loans - housing development grant fund - creation - housing assistance for persons with behavioral, mental health, or substance use disorders - cash fund - appropriation - report to general assembly - rules - definitions - repeal. (1) There is created in the state treasury the housing development grant fund, which fund is administered by the division and is referred to in this section as the "fund". The fund consists of money credited to the fund in accordance with section 39-26-123 (3)(b); money transferred to the fund in accordance with section 24-22-118 (2); money transferred to the fund from the ARPA refinance state money cash fund pursuant to section 24-75-226.5; money appropriated to the fund by the general assembly; all money transferred to the fund from the marijuana tax cash fund created in section 39-28.8-501 (1) and any other cash fund maintained by the state; all money transferred to the fund from the general fund and the revenue loss restoration cash fund created in section 24-75-227 (2) pursuant to subsections (6) and (7) of this section; all money collected by the division for purposes of this section from federal grants, from other contributions, gifts, grants, and donations received from any other organization, entity, or individual, public or private; and from any fees or interest earned on such money. The division is authorized and directed to solicit, accept, expend, and disburse all money collected for the fund from the sources specified in this subsection (1) for the purpose of making grants, loans, or other forms of assistance that may be awarded under section 24-32-721.7 and for program administration as provided in this section. All such money must be transmitted to the state treasurer to be credited to the fund. The money in the fund is continuously appropriated to the division for the purposes of this section.

(1.5) In addition to the other sources of money to be deposited into the fund that are specified in subsection (1) of this section, the fund also consists of money transferred by the state treasurer from the unclaimed property trust fund to the division in accordance with section 38-13-801 (3.5) to supplement existing funds to be expended for any of the purposes specified in subsection (2)(d) of this section.

(1.7) Repealed.

(2) (a) Subject to the requirements of this section, upon the approval of the board, the division may make a grant or loan from money in the fund to improve, preserve, or expand the supply of affordable housing in Colorado as well as to fund the acquisition of housing and economic data necessary to advise the board on local housing conditions. In making loans or grants from the fund, the division shall give priority to owners of property that was either destroyed or incurred substantial damage as a result of one or more state or federally declared natural disasters where the property owner has received the maximum insurance proceeds and public disaster assistance. The division shall annually allocate, with or without board approval, at least one-third of the money credited to the fund in accordance with section 39-26-123 (3)(b) to improve, preserve, or expand affordable housing for households whose annual income is less than or equal to thirty percent of the area median income, as published annually by the United States department of housing and urban development. The division shall use at least five million dollars of the amount transferred to the fund in accordance with section 24-22-118 (2) to improve, preserve, or expand the supply of affordable housing in rural Colorado.

(b) and (c) (Deleted by amendment, L. 2014.)

(d) In addition to any other use authorized under this section, money may also be used for the following purposes, without limitation:

(I) Grants and loans for the acquisition, renovation, and construction of for-sale homes in nonurban areas for purchasers who reside in households with an annual income up to one hundred twenty percent of the area median income and down payment assistance programs that are financed in partnership with private and public entities for the development of housing and the delivery of services that assist persons in households with an annual income up to one hundred percent of the area median income;

(II) Programs for home rehabilitation;

(III) Repair, replacement, and disposal of mobile homes in conjunction with programs that are operated by local governments, local housing authorities, and private organizations;

(IV) Grants and loans for the financing of land acquisition and infrastructure costs associated with the provision of utilities to support development of a planned deed restricted rental or for-sale affordable housing development;

(V) Grants and loans to private and public entities to provide funding for the development, acquisition, and rehabilitation of affordable housing targeted at a specific area median income or income level; and

(VI) Rental assistance and tenancy support service programs that target one or more of the following persons or uses:

(A) Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools;

(A.5) Individuals experiencing homelessness;

(B) Medicaid clients in nursing homes who are able to live in their communities with in-home services;

(C) Family unification and related services;

(D) Homeless or disabled veterans;

(E) Low-income households with an annual income at or below sixty percent of the area median income; and

(F) Survivors of domestic violence.

(VII) Grants and loans to local governments and nonprofit organizations for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness. The division shall define the terms "underutilized hotel", "underutilized motel", and "underutilized property" by policies and procedures. Local governments and nonprofit organizations that are awarded grants or loans under this subsection (2)(d)(VII) shall prioritize the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties that are minority-owned or women-owned businesses, that have annual revenues under five million dollars, that qualify as disadvantaged business enterprises as defined in part 26 of title 49 of the code of federal regulations, as amended, or that comply with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.

(e) In determining how best to allocate money to promote the various purposes specified in subsection (2)(d) of this section, the division shall consult with stakeholders from urban and rural communities and representatives from populations of different income levels with diverse housing needs and shall award funding to meet the needs of local communities that will optimize the socio-economic and housing stability of outcomes of households served; optimize the creation, operation, and affordability length of affordable housing stock created; optimize the preservation of naturally occurring and subsidized affordable housing; consider the impact of award terms on the financial stability of the organizations delivering these development projects and resident services; leverage or be leveraged by other available public or private sources of money; be layered with other funds administered by the state; address housing needs throughout the state; and serve populations with the greatest unmet need. The division may evaluate and award funding opportunities at all stages of a project, including predevelopment and first-in catalytic fund commitments.

(f) As used in this subsection (2), "area median income" is determined in accordance with guidelines or other standards promulgated by the United States department of housing and urban development.

(g) (I) Within three business days of June 26, 2021, the state treasurer shall transfer thirty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229, that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the housing development grant fund and transfer fifteen million dollars from the general fund to the affordable housing and home ownership cash fund created in section 24-75-229. Within three business days of May 27, 2022, the state treasurer shall transfer:

(A) One million eight hundred ninety-four thousand four dollars to the housing development grant fund from the affordable housing and home ownership cash fund created in section 24-75-229 that originates from the general fund;

(B) Twenty-eight million dollars to the housing development grant fund from the general fund; and

(C) Twenty-nine million eight hundred ninety-four thousand four dollars from the housing development grant fund to the affordable housing and home ownership cash fund created in section 24-75-229. The transfer required by this subsection (2)(g)(I)(C) is from money that was transferred on June 26, 2021, to the housing development grant fund from the affordable housing and home ownership cash fund that originated from money the state received from the federal coronavirus state fiscal recovery fund.

(II) The division shall use money transferred from the affordable housing and home ownership cash fund created in section 24-75-229, that originates from money the state received from the general fund, pursuant to subsection (2)(g)(I) of this section for the purposes allowed under subsection (2)(d)(VI)(A.5) of this section that are related to subsection (2)(d)(VII) of this section and for the purposes allowed by subsection (2)(d)(VII) of this section.

(III) During the department of local affairs' annual presentation in 2022 and 2023 to the committees of reference pursuant to section 2-7-203, the department shall include a summarized report of the rental and tenancy support service programs provided by the division of housing pursuant to subsection (2)(d)(VI)(A.5) of this section that are related to underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division of housing for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties pursuant to subsection (2)(d)(VII) of this section.

(h) Repealed.

(3) (a) Except as otherwise provided in section 24-75-226 (4)(c)(II), any money in the fund not expended or encumbered from any appropriation at the end of any fiscal year, including interest and income earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund and remains available for expenditure by the division in subsequent fiscal years for the purposes specified in subsection (1.5) or (2) of this section without further appropriation.

(b) Notwithstanding any other provision of this section, the division, in its discretion, may transfer twenty percent of the balance of the money in the fund into the housing investment trust fund established in section 24-32-717 (1)(a), which balance is calculated as of July 1 of the state fiscal year in which the money is transferred. For any given state fiscal year, no more than three percent of the money appropriated or transferred to the fund may be expended for the administrative costs of the division in administering the fund.

(c) Subject to the limitation on the percentage of money appropriated from the fund that may be expended for the administrative costs of the division in administering the fund specified in subsection (3)(b) of this section, the division may expend money from the fund to hire and employ individuals in order to fulfill the purposes of House Bill 19-1322, enacted in 2019.

(4) (a) As used in this subsection (4), unless the context otherwise requires, "person with a behavioral or mental health disorder" means an individual who has or, at any time during the previous twelve months, had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the diagnostic and statistical manual of mental disorders, resulting in functional impairment that interferes with or limits one or more major life activities.

(b) In conjunction with its other programs to provide assistance in obtaining housing and subject to available appropriations, the division of housing shall establish a program that provides vouchers and other support services for housing assistance for:

(I) An individual with a mental health disorder, substance use disorder, or co-occurring behavioral health disorder who is transitioning from the department of corrections, the division of youth services in the department of human services, a mental health institute, a psychiatric hospital, or a county jail into the community; or

(II) An individual who is homeless or in an unstable housing environment and is transitioning from a residential treatment program or is engaged in the community transition specialist program created pursuant to section 27-66.5-103.

(c) In addition to any other uses specified in this section, the division shall also provide grants or loans for the acquisition, construction, or rehabilitation of rental housing for persons with behavioral or mental health disorders.

(d) There is created in the state treasury the housing assistance for persons transitioning from the criminal or juvenile justice system cash fund, referred to in this subsection (4) as the "cash fund". The cash fund consists of money that the general assembly appropriates to the cash fund. Subject to annual appropriation by the general assembly, the division may expend money in the cash fund for the purposes set forth in this subsection (4). All interest earned from the investment of money in the cash fund is credited to the cash fund. All money not expended at the end of the fiscal year remains in the cash fund, does not revert to the general fund or any other fund, and remains available for expenditure by the division in the next fiscal year for the purposes of this subsection (4) without further appropriation.

(e) In addition to any money appropriated to the division of housing pursuant to subsection (4)(d) of this section, for the 2019-20 fiscal year, and for each of the following four fiscal years, the general assembly shall annually appropriate one million dollars from the marijuana tax cash fund created in section 39-28.8-501 to the division of housing for the voucher program specified in subsection (4)(b) of this section.

(f) The executive director of the department of local affairs shall report to the senate committee on health and human services and the house of representatives committees on health and insurance and public health care and human services, or any successor committees, under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, on:

(I) The number of projects funded under this section;

(II) The number of units in each project funded under this section;

(III) The number of qualified individuals housed as a result of this subsection (4); and

(IV) To the extent practicable, the number of individuals who, after receiving a voucher under subsection (4)(b) of this section, returned to the facilities from which the individuals were transitioning.

(5) Any principal or interest payments received by the division from a borrower pursuant to a loan originated using funds appropriated from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) must be deposited in the housing investment trust fund created in section 24-32-717 (1).

(6) On June 27, 2021, the state treasurer shall transfer one million six hundred thousand dollars from the general fund to the housing development grant fund created in subsection (1) of this section. The division shall use the money transferred pursuant to this subsection (6) for the affordable housing guided toolkit and local officials guide program created in section 24-32-721.7.

(7) (a) As used in this subsection (7), unless the context otherwise requires:

(I) "At risk of eviction or displacement" means that a tenant has received from a landlord a notice of late payment of rent or a demand for payment of rent.

(II) "Executive director" means the executive director of the department of local affairs.

(III) "Grant program" means the emergency rental assistance grant program created in subsection (7)(b) of this section.

(IV) "Residential premises" means:

(A) A residential premises, as defined in section 38-12-502 (8); or

(B) A mobile home, as defined in section 38-12-201.5 (5), that is subject to a tenancy in a mobile home park under a rental agreement.

(V) "Statewide application portal" means the statewide application portal that the division maintains on its public website for the purpose of administering the grant program.

(VI) "Tenant" means:

(A) A tenant, as defined in section 38-12-502 (9); or

(B) A home owner, as defined in section 38-12-201.5 (2).

(b) The emergency rental assistance grant program is created in the division to provide grants to tenants who have a household income of eighty percent or less than the area median income and who are at risk of eviction or displacement.

(c) The division shall administer the grant program and, subject to available funding, shall contract with Colorado-based nonprofit organizations to award grants as provided in this subsection (7). Subject to available funding, grants shall be paid out of the fund.

(d) The division shall establish forms and procedures to implement the grant program, including the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money. The division shall make the forms available in English and Spanish.

(e) In order to be eligible to receive a grant from the grant program, an applicant must:

(I) Be a tenant of a residential premises in Colorado that is the applicant's primary residence;

(II) Have an annual household income of eighty percent or less than the area median income; and

(III) Be at risk of eviction or displacement.

(f) Grant money shall be expended only by a nonprofit organization that contracts with the division pursuant to subsection (7)(c) of this section. Permissible uses of grant money include only the following:

(I) Paying rent in arrears, rent presently owed, and rent up to two months in advance on behalf of a grant recipient; except that grant money shall not be expended to pay rent for any period of time after June 30, 2024;

(II) Paying utility bills, late fees, court costs, reasonable attorney fees, and any other costs associated with preventing a tenant's eviction;

(III) Paying costs associated with relocation, including deposits and other move-in expenses, on behalf of a grant recipient;

(IV) Paying for efforts to generate awareness of the grant program among tenants who are at risk of eviction or displacement;

(V) Paying for project delivery costs associated with application review as determined by the division;

(VI) Paying for housing stability services, as defined within the implementation guidelines of the emergency rental assistance program of the federal department of the treasury; and

(VII) Paying costs of administering the grant program.

(g) The division is encouraged to establish criteria and procedures by which a nonprofit organization that contracts with the division to provide grants pursuant to subsection (7)(b) of this section may negotiate with landlords to settle debts owed by tenants as unpaid rent.

(h) To receive a grant, a tenant must apply through the statewide application portal. The division shall establish procedures for the assignment of each application to a nonprofit organization with which the division has contracted pursuant to subsection (7)(c) of this section.

(i) (I) Each nonprofit organization that contracts with the division pursuant to subsection (7)(c) of this section shall report to the executive director concerning any grant that is facilitated by the nonprofit organization. The report must be submitted to the executive director or to the executive director's designee within a time frame determined in the contract between the nonprofit organization and the division.

(II) During the second regular session of the seventy-fourth general assembly, the executive director shall report to the senate local government and housing committee and the house of representatives transportation, housing, and local government committee, or any successor committees, under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, concerning the administration of the grant program. The report must include a summary of any information reported to the executive director pursuant to subsection (7)(i)(I) of this section.

(III) Not later than April 5, 2024, the executive director shall submit a written report to the joint budget committee, the senate local government and housing committee, and the house of representatives transportation, housing, and local government committee, or any successor committees, concerning the administration of the grant program. The report must include a summary of any information reported to the executive director pursuant to subsection (7)(i)(I) of this section.

(j) Within three days after the effective date of this subsection (7), the state treasurer shall transfer fifteen million one hundred thousand dollars from the general fund to the fund and fourteen million nine hundred thousand dollars from the revenue loss restoration cash fund created in section 24-75-227 (2) to the fund. The division shall prioritize expending money transferred from the revenue loss restoration cash fund before expending the money transferred from the general fund. Any unencumbered money that remains in the fund on June 30, 2024, from the money transferred from the revenue loss restoration cash fund reverts to the revenue loss restoration cash fund, and any money that remains in the fund on June 30, 2024, from the money transferred from the general fund reverts to the general fund.

(k) A landlord that issues to a tenant a notice of late rent or a demand for payment of rent is encouraged to include with the notice or demand for payment a notification to the tenant concerning the grant program and the possibility that the tenant may be eligible to receive a grant from the grant program.

(l) This subsection (7) is repealed, effective June 30, 2025.

(8) If applications are required for money from the fund pursuant to this section, the application process must be in accordance with the process set forth in section 24-32-705.7.
C.R.S. § 24-33.5-2506 — CO Code / Title 24 / Article 33.5 / Part 25 / Section 24-33.5-2506
24-33.5-2506. Legislative department exemption
Status: in_force

24-33.5-2506. Legislative department exemption. The provisions of this part 25 do not apply to the legislative department of the state.
C.R.S. § 24-35-116 — CO Code / Title 24 / Article 35 / Part 1 / Section 24-35-116
24-35-116. Applications for licenses - authority to suspend licenses - rules
Status: in_force

24-35-116. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of revenue or any division or authorized agent of such department shall require the applicant's name, address, and social security number.

(2) The department of revenue or any division or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of revenue, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of revenue or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.

(3) (a) The department of revenue shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of revenue and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.

(b) The appropriate rule-making body of the department of revenue is authorized to promulgate rules to implement the provisions of this section.

(4) For purposes of this section, "license" means any recognition, authority, or permission that the department of revenue or any division or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
C.R.S. § 24-60-4901 — CO Code / Title 24 / Article 12 / Part 49 / Section 24-60-4901
24-60-4901. Compact approved and ratified
Status: in_force

24-60-4901. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining in the compact in the form substantially as follows:
C.R.S. § 24-51-414 — CO Code / Title 24 / Article 51 / Part 4 / Section 24-51-414
24-51-414. Direct distribution
Status: in_force

24-51-414. Direct distribution. (1) (a) Except as otherwise provided in subsections (6), (7), and (8) of this section, on July 1, 2018, on July 1, 2019, on July 1, 2021, and on July 1 each year thereafter until there are no unfunded actuarial accrued liabilities of any division of the association that receives the distribution pursuant to this section, the state treasurer shall issue a warrant to the association in an amount equal to two hundred twenty-five million dollars. Such amount shall be paid to the association from the general fund, or any other fund, subject to section 24-51-413.

(b) The state treasurer shall not issue a warrant to the association pursuant to subsection (1)(a) of this section during the 2020-21 state fiscal year.

(2) For the purpose of allocating appropriate indirect, cash funded, or federal costs for the direct distribution pursuant to subsection (1) of this section, the office of state planning and budgeting may include funding sources other than the general fund in the governor's annual budget request for the 2019-20 fiscal year and each fiscal year thereafter to satisfy the funding amounts of the direct distribution.

(3) The distribution pursuant to subsection (1) of this section shall end when there are no unfunded actuarial accrued liabilities of any division of the association that receives such distribution. By September 1, 2019, and by September 1 of each year thereafter, until the distribution pursuant to subsection (1) of this section is no longer required, the board shall determine whether the sum of the employer and member contributions pursuant to section 24-51-401 (1.7)(a), the contributions pursuant to section 24-51-411, and the distribution pursuant to subsection (1) of this section, is greater than the amount necessary to eliminate the unfunded actuarial accrued liability of each division of the association that receives the distribution in the next fiscal year. If the board determines that the total amount of the distribution pursuant to subsection (1) of this section will not be required to eliminate the unfunded actuarial accrued liability of each division of the association that receives the distribution, the board shall notify the office of state planning and budgeting and the joint budget committee of the general assembly by September 1 of the applicable year.

(4) The association shall allocate the direct distribution to the trust funds of each division of the association as it would an employer contribution, in a manner that is proportionate to the annual payroll of each division as reported to the association; except that the association shall not allocate any portion of the direct distribution amount to the local government division of the association.

(5) (a) Beginning with the annual general appropriation act for the 2019-20 state fiscal year, and for each annual general appropriation act thereafter, money distributed to the association pursuant to subsection (1) of this section shall be included for informational purposes in the annual general appropriation bill or in supplemental appropriation bills for the purpose of complying with the limitation on state fiscal year spending imposed by section 20 of article X of the state constitution and section 24-77-103. The information included in the annual general appropriation bill shall include an estimate of the amount of the distribution pursuant to subsection (1) of this section that is attributable to the state and the amount that is attributable to public education from kindergarten through the twelfth grade.

(b) Subsection (5)(a) of this section does not apply for the 2020-21 state fiscal year.

(6) In order to recompense the association for a distribution in an amount equal to two hundred twenty-five million dollars that it had been scheduled to receive on July 1, 2020, pursuant to subsection (1)(a) of this section but did not receive due to the enactment of House Bill 20-1379, which amended subsection (1)(a) of this section and added subsection (1)(b) of this section to eliminate the distribution, in addition to the warrants issued pursuant to subsection (1)(a) of this section, on June 7, 2022, or as soon as possible thereafter, the state treasurer shall issue a warrant to the association in the amount of three hundred eighty million dollars. The warrant shall be paid to the association from the PERA payment cash fund created in section 24-51-416.

(7) The amount of the warrant to be issued on July 1, 2023, to the association pursuant to subsection (1) of this section is reduced by the sum of one hundred fifty-five million dollars and an amount equal to seven and one-quarter percent multiplied by three hundred eighty million dollars; except that, if the 2021 annual rate of return on investments as reported in the association's annual report for 2021 exceeds seven and one-quarter percent, then the reduction shall be the sum of one hundred fifty-five million dollars and an amount equal to the association's rate of return on investments multiplied by three hundred eighty million dollars. If the annual rate of return is less than seven and one-quarter percent but greater than zero, then the reduction shall be the sum of one hundred fifty-five million dollars and an amount equal to the annual rate of return in the association's annual report for 2021 multiplied by three hundred eighty million dollars. In no event shall the total reduction be less than one hundred fifty-five million dollars or be greater than one hundred ninety million dollars.

(8) The amount of the warrant to be issued on July 1, 2024, to the association pursuant to subsection (1) of this section is reduced by the lesser of an amount equal to seven and one-quarter percent multiplied by three hundred eighty million dollars or an amount equal to the association's annual rate of return on investments as reported in the association's annual report for 2022 multiplied by three hundred eighty million dollars; except that there shall be no reduction if the rate of return is zero or less.

(9) In addition to any other distributions to the association pursuant to this section, on June 2, 2023, or as soon as possible thereafter, the state treasurer shall issue a warrant to the association that consists of the balance of the PERA payment cash fund created in section 24-51-416, as of the date the payment is made, plus ten million dollars paid from the general fund. The amount paid to the association pursuant to this subsection (9) is to recompense the association, in addition to the amount already paid to the association as partial recompensation pursuant to subsection (6) of this section, for the distribution that it was scheduled to receive on July 1, 2020, pursuant to subsection (1)(a) of this section, that the association did not receive due to the enactment of House Bill 20-1379.
C.R.S. § 24-37.5-107 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-107
24-37.5-107. Work eligibility verification portal
Status: repealed

24-37.5-107. Work eligibility verification portal. (Repealed)
C.R.S. § 24-65.1-103 — CO Code / Title 24 / Article 65.1 / Part 1 / Section 24-65.1-103
24-65.1-103. Definitions pertaining to natural hazards
Status: in_force

24-65.1-103. Definitions pertaining to natural hazards. As used in this article, unless the context otherwise requires:

(1) "Aspect" means the cardinal direction the land surface faces, characterized by north-facing slopes generally having heavier vegetation cover.

(2) "Avalanche" means a mass of snow or ice and other material which may become incorporated therein as such mass moves rapidly down a mountain slope.

(3) "Corrosive soil" means soil which contains soluble salts which may produce serious detrimental effects in concrete, metal, or other substances that are in contact with such soil.

(4) "Debris-fan floodplain" means a floodplain which is located at the mouth of a mountain valley tributary stream as such stream enters the valley floor.

(5) "Dry wash channel and dry wash floodplain" means a small watershed with a very high percentage of runoff after torrential rainfall.

(6) "Expansive soil and rock" means soil and rock which contains clay and which expands to a significant degree upon wetting and shrinks upon drying.

(7) "Floodplain" means an area adjacent to a stream, which area is subject to flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a) Mainstream floodplains;

(b) Debris-fan floodplains; and

(c) Dry wash channels and dry wash floodplains.

(8) "Geologic hazard" means a geologic phenomenon which is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a) Avalanches, landslides, rock falls, mudflows, and unstable or potentially unstable slopes;

(b) Seismic effects;

(c) Radioactivity; and

(d) Ground subsidence.

(9) "Geologic hazard area" means an area which contains or is directly affected by a geologic hazard.

(10) "Ground subsidence" means a process characterized by the downward displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining.

(11) "Mainstream floodplain" means an area adjacent to a perennial stream, which area is subject to periodic flooding.

(12) "Mudflow" means the downward movement of mud in a mountain watershed because of peculiar characteristics of extremely high sediment yield and occasional high runoff.

(13) "Natural hazard" means a geologic hazard, a wildfire hazard, or a flood.

(14) "Natural hazard area" means an area containing or directly affected by a natural hazard.

(15) "Radioactivity" means a condition related to various types of radiation emitted by natural radioactive minerals that occur in natural deposits of rock, soil, and water.

(16) "Seismic effects" means direct and indirect effects caused by an earthquake or an underground nuclear detonation.

(17) "Siltation" means a process which results in an excessive rate of removal of soil and rock materials from one location and rapid deposit thereof in adjacent areas.

(18) "Slope" means the gradient of the ground surface which is definable by degree or percent.

(19) "Unstable or potentially unstable slope" means an area susceptible to a landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.

(20) "Wildfire behavior" means the predictable action of a wildfire under given conditions of slope, aspect, and weather.

(21) "Wildfire hazard" means a wildfire phenomenon which is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a) Slope and aspect;

(b) Wildfire behavior characteristics; and

(c) Existing vegetation types.

(22) "Wildfire hazard area" means an area containing or directly affected by a wildfire hazard.
C.R.S. § 24-75-202 — CO Code / Title 24 / Article 75 / Part 2 / Section 24-75-202
24-75-202. Imprest cash accounts
Status: in_force

24-75-202. Imprest cash accounts. (1) The controller may, in writing, authorize any department, institution, or agency of the state government to withdraw from any moneys in the state treasury available to it such amount as he may specify, to be used as an imprest cash account.

(2) Under procedures prescribed by the controller, such department, institution, or agency may pay out of said imprest cash account, locally, such operating expense items as would be allowable if submitted on a regular voucher. The aggregate amount of such payments shall be submitted to the office of the state controller, monthly or more often, on a voucher signed by the fiscal officer of such department, institution, or agency or by some person authorized to act for him or her, and, upon approval of the same, a warrant or check in said amount shall be drawn upon the state treasurer for replenishment of said imprest cash account.
C.R.S. § 24-31-103 — CO Code / Title 24 / Article 31 / Part 1 / Section 24-31-103
24-31-103. Chief deputy attorney general - powers
Status: in_force

24-31-103. Chief deputy attorney general - powers. The attorney general shall appoint a chief deputy attorney general, who has the authority to act for the attorney general in all matters except in respect to such duties as devolve upon the attorney general by virtue of the state constitution.
C.R.S. § 24-4.1-404 — CO Code / Title 24 / Article 4.1 / Part 4 / Section 24-4.1-404
24-4.1-404. Prohibition on disclosure of victim's immigration status
Status: in_force

24-4.1-404. Prohibition on disclosure of victim's immigration status. A certifying agency is prohibited from disclosing the personal identifying information or immigration status of a victim or person requesting the certification except to comply with federal or state law or process.
C.R.S. § 24-19.5-102 — CO Code / Title 24 / Article 19.5 / Section 24-19.5-102
24-19.5-102. Acceptance of alternative forms of payment for the payment of moneys payable to
Status: in_force

24-19.5-102. Acceptance of alternative forms of payment for the payment of moneys payable to the state - allocation of costs. (1) Any state governmental entity responsible for the collection of moneys payable to the state may accept one or more alternative forms of payment for the payment of such moneys in accordance with the provisions of this article.

(2) A collector state governmental entity that chooses to accept one or more alternative forms of payment for the payment of moneys payable to the state that the collector state governmental entity must remit to one or more other governmental entities shall either:

(a) Remit to such other governmental entities the gross amount of any payments made by alternative forms of payment that the collector state governmental entity is required to remit to such other governmental entities notwithstanding the deduction of any moneys from such gross amount by any provider of alternative forms of payment pursuant to a master agreement or other agreement authorized by this article; or

(b) Enter into an intergovernmental agreement with each such other governmental entity regarding the allocation of the costs of accepting such alternative forms of payment.