C.R.S. § 25-15-302 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-302
25-15-302. Solid and hazardous waste commission - creation - membership - rules - fees - ad
Status: repealed

25-15-302. Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions. (1) (a) There is created in the department of public health and environment a solid and hazardous waste commission, referred to in this part 3 as the "commission", which is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. The commission consists of nine citizens of the state appointed by the governor, with the consent of the senate, for terms of three years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Members of the commission must be appointed so as to achieve geographical representation and to reflect the various interests in waste management in the state.

(b) Appointments to the commission shall be made so that all persons shall have appropriate scientific, technical, industrial, legal, public health, or environmental training or experience. Three members shall be from the regulated community. Three members shall be from the public at large. Three members shall be from government or the academic community; except that no member shall be an employee of the department. No more than five members of the commission shall be members of the same political party.

(c) The members of the commission shall disclose any potential conflicts of interest to the governor and the committee of reference of the general assembly prior to confirmation and shall disclose any potential conflicts of interest which arise during their terms of membership to the other commission members in a public meeting of the commission.

(d) Whenever a vacancy exists on the commission, the governor shall appoint a member for the remaining portion of the unexpired term created by the vacancy, subject to confirmation by the senate.

(e) The governor may remove any appointed member of the commission for malfeasance in office, for failure to attend meetings regularly, or for any cause that renders such member incapable or unfit to discharge the duties of such member's office.

(f) If any member of the commission is absent from two consecutive meetings or fails to attend at least seventy-five percent of the regularly scheduled meetings of the commission held in any one year and such absences were without sufficient cause as determined by the commission, the chairman of the commission shall notify the governor, who may remove such member and appoint a qualified person for the remaining portion of such member's term, subject to confirmation by the senate.

(g) Each member of the commission shall receive traveling and other necessary expenses actually incurred in the performance of such member's official duties as a member of the commission.

(h) The commission shall select from its own membership a chairman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings.

(i) The commission shall hold regular public meetings and may hold special meetings on the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and place of each meeting shall be mailed to each member at least twenty days in advance of such meeting.

(j) (I) The commission shall hold an annual public meeting to hear public comment on hazardous waste issues within the state. At such meeting, the commission shall answer reasonable questions from the public concerning rules, regulations, appeals of penalties, and any other commission activities under the authority of this part 3 occurring during the previous year.

(II) Prior to the meeting required under subparagraph (I) of this paragraph (j), the commission shall prepare and make available to the public a report which shall contain the following specific information:

(A) All rules and regulations promulgated by the commission during the previous year;

(B) All interpretive rules issued by the commission during the previous year;

(C) All appeals of penalties heard before the commission and the commission's determinations in such appeals; and

(D) Any other commission activities as appropriate.

(k) Each member of the commission shall have a vote. Two-thirds of the members of the commission shall constitute a quorum, and, except as otherwise provided in subsection (4) of this section, the concurrence of a majority of the members present at any meeting at which a quorum is present on any matter within its powers and duties shall be required for any determination made by the commission.

(2) The commission shall promulgate rules pertaining to hazardous waste in accordance with this part 3 and in accordance with the procedures and other provisions of article 4 of title 24, C.R.S. Such rules shall provide protection of public health and the environment and shall include:

(a) Criteria for establishing characteristics and listings of hazardous wastes, including mechanisms for determining whether any waste is hazardous for the purpose of this part 3;

(b) Regulations governing those wastes or combinations of wastes which are not compatible and which may not be stored, treated, or disposed of together;

(c) Regulations for the storage, treatment, and disposal of hazardous wastes, including regulations for the issuance of permits based on best engineering judgment, including but not limited to interim status, regulations concerning information required to be submitted to obtain such permits, and regulations concerning the requirement of a permit prior to the construction of a treatment, storage, or disposal facility;

(d) Regulations for the operation and maintenance of hazardous waste treatment, storage, and disposal facilities, including such qualifications and requirements as to ownership, continuity of operation, training of personnel, and closure and postclosure care, as may be necessary or desirable;

(e) Regulations for the design and construction of treatment, storage, and disposal facilities;

(f) Regulations, promulgated in accordance with article 20 of title 42, C.R.S., providing procedures and requirements for:

(I) The use of a manifest during transportation of hazardous waste, applying equally to those persons transporting hazardous waste they have generated themselves and to persons who have contracted to transport hazardous waste for other parties, consistent with federal and state regulations on the transportation of hazardous wastes;

(II) Record keeping concerning the transportation of hazardous waste, including its source and destination;

(III) Notification and cleanup of spills or discharges during the transportation of hazardous waste;

(IV) Transportation of hazardous wastes only if such hazardous wastes are properly labeled and for restricting the transportation of all hazardous wastes only to permitted hazardous waste treatment, storage, or disposal facilities which the shipper designates on the manifest form;

(g) Regulations requiring reports and record-keeping requirements for hazardous waste management, including notification of accidents;

(h) Regulations establishing procedures for maintaining confidentiality relating to methods of manufacture or secret processes and establishing fees and financial assurance and ownership requirements, including bonds, required by this part 3;

(i) Regulations for issuing compliance orders and administrative penalties, for establishing compliance conditions and schedules, and for issuing, modifying, revoking and reissuing, or terminating permits; except that nothing in this paragraph (i) shall be interpreted to impair the department's authority to take such actions pending promulgation of such regulations;

(j) Regulations for the classification of sites in terms of wastes that can be received and managed thereon and hydrological, soil, and other siting characteristics for assuring long-term isolation of designated wastes from the environment;

(k) Regulations establishing standards applicable to generators of hazardous waste, including requirements for:

(I) Record-keeping practices that accurately identify the quantities of hazardous waste generated, the constituents of such hazardous waste which are significant in quantity or of potential harm to human health or the environment, and the disposition of such hazardous waste;

(II) Labeling practices for any container that is used for the storage, transportation, or disposal of hazardous waste so as to identify accurately such waste;

(III) The use of appropriate containers for hazardous waste;

(IV) The furnishing of information on the general chemical composition of hazardous waste to persons transporting, treating, storing, or disposing of such waste;

(V) The use of a manifest system and any other reasonable means necessary to assure that all hazardous waste generated is designated for treatment, storage, or disposal at a permitted facility;

(VI) The submission of reports; and

(l) Regulations requiring contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any hazardous waste.

(3) The commission shall promulgate rules establishing categories of hazardous wastes and hazardous waste management practices based on degree of hazard considerations. Such rules may vary from category to category to reflect the degree of hazard involved in each such category. The commission's rules may also provide for general permits to be issued based on degree of hazard considerations.

(3.2) (a) The commission shall promulgate rules establishing a certificate of registration for any facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations, establishing standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances, and setting penalties for not obtaining such a certificate of registration or following such standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances. The commission shall take into account costs, technological feasibility, and the possibility of emergency situations for any rules it promulgates.

(b) Any facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations must obtain the certificate of registration created under subsection (3.2)(a) of this section either before June 1, 2021, or six months after it first obtains perfluoroalkyl and polyfluoroalkyl substances, whichever is later.

(c) In order to obtain the certificate of registration created under subsection (3.2)(a) of this section, a facility, fire department, or lessee subject to federal rules and regulations must prove that it follows the standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances created under subsection (3.2)(a) of this section.

(d) No facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations shall be subject to any penalties under this section for not obtaining a certificate of registration unless there has been a sufficient opportunity to apply for and receive a certificate of registration.

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

(I) "Perfluoroalkyl and polyfluoroalkyl substances" means class B firefighting foam, as defined in section 25-5-1302 (2), that contain a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(II) "Uses or stores" means actual and intentional ownership or control of perfluoroalkyl and polyfluoroalkyl substances. "Uses or stores" does not mean the interception or accumulation of perfluoroalkyl and polyfluoroalkyl substances in water treatment facilities and domestic wastewater facilities.

(3.5) The commission shall promulgate rules pertaining to the assessment of fees to offset program costs from facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status and from generators of hazardous waste in accordance with the following:

(a) On or after July 1, 2000, to July 1, 2002, the fees shall be as follows:

(I) The annual fees for facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status shall be as set forth in 6 CCR 1007-3, section 100.31;

(II) The annual fee shall be one thousand nine hundred dollars for generators of hazardous waste who are subject to regulation under this part 3 during any calendar month of the year for which the annual fee is being assessed and who generate in each of any four calendar months in that year an amount greater than one thousand kilograms of hazardous wastes, one kilogram of acute hazardous wastes, or one hundred kilograms of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes;

(III) The annual fee shall be three hundred dollars for all other generators of hazardous waste that are subject to this part 3 during any calendar month of the year for which the annual fee is being assessed; except that no annual fee shall be assessed against those generators of hazardous waste who generate in every month of that year no more than one hundred kilograms of hazardous wastes, one kilogram of acute hazardous wastes, or one hundred kilograms of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes;

(IV) The document review and activity fee charged by the department shall be in accordance with 6 CCR 1007-3, section 100.32; except that the hourly charge shall be increased from eighty-five dollars to one hundred dollars;

(V) The document review and activity fee ceiling shall be in accordance with 6 CCR 1007-3, section 100.32; except that the department may, on a case-by-case basis and upon demonstration of need consistent with section 25-15-301.5, request a waiver of the ceiling from a facility subject to the document review and activity fee.

(b) On or after July 1, 2002, the commission may adjust the fees then in effect if the department has demonstrated that it has developed, implemented, and is continuing to improve policies and procedures for carrying out its statutory responsibilities at the lowest possible cost without jeopardizing the intent set out in section 25-15-301.5 (1), and that, despite these efforts or as a result of these efforts, the fee adjustments are necessary; except that the adjusted fees shall be subject to the following limitations:

(I) Annual fees for facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status shall be established at a level that will, when combined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to such facilities. Such annual fees shall take into account equitable factors including, without limitation, the quantity and degree of hazard of the hazardous waste involved and whether the hazardous waste is to be disposed of, stored, or treated.

(II) Annual fees for generators of hazardous waste who are subject to regulation under this part 3 during any calendar month of the year for which the annual fee is being assessed shall be established at a level that will, when combined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to generators with an appropriate differentiation between generators described in subparagraphs (II) and (III) of paragraph (a) of this subsection (3.5);

(III) The hourly charge for the document review and activity fees shall be established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews; and

(IV) The overall fee structure shall be consistent with the trend in hazardous waste generation, treatment, storage, disposal, and corrective action in the state and with the authorized funding for the program.

(c) In addition to any other review provided in law, any rule adopted, or fee modified, by the commission pursuant to paragraph (b) of this subsection (3.5) may be reviewed by the joint budget committee of the general assembly upon its own motion or upon written request submitted within thirty days after the adoption of the rule by the commission. The joint budget committee shall review such rule for accuracy and compliance with the statutory provision set forth in this subsection (3.5). Request may be made by any person regulated under this part 3. Any review by the joint budget committee shall be completed within ninety days after the date requested. Such rule shall not become effective until approved by the joint budget committee or upon the failure of the joint budget committee to take action within ninety days after the day of the request for review. Such rule may not result in a level of funding for the program that exceeds amounts appropriated or that will be appropriated by the general assembly.

(d) The department shall provide a receipt for the fees paid pursuant to this subsection (3.5) and shall transmit such payments to the state treasurer and take the treasurer's receipt therefor. The state treasurer shall credit all fees received to the hazardous waste service fund as provided in section 25-15-304.

(3.7) If the department determines that a facility is, and has been, treating, storing, or disposing of hazardous wastes without a permit or interim status, and that facility legally should have been operating pursuant to a permit or interim status, then, in addition to any other remedies the department may have, the department may assess a fee to offset program costs from that facility that is equivalent to the estimated annual fees, without interest, that such facility should have paid the department if the facility had been operating pursuant to a permit or interim status; except that such fee shall not be assessed under any one the following circumstances:

(a) The only hazardous waste being treated, stored, or disposed of is in-place contaminated media or debris or contaminated structures;

(b) The treatment, storage, and disposal is part of a corrective action plan approved by the department; or

(c) The facility modified the facility's operations within one month after being notified in writing that the facility should be operating pursuant to a permit or interim status so that any treatment, storage, or disposal of hazardous wastes at the facility is no longer subject to a permit or interim status.

(4) (a) Except as provided in paragraph (b) of this subsection (4), the rules promulgated by the commission pursuant to the provisions of this part 3 may be more stringent than the corresponding rules of the federal environmental protection agency promulgated pursuant to the federal act; however, more stringent rules including, without limitation, rules that list or define as a hazardous waste any waste or other material exempted or otherwise not regulated as a hazardous waste under the federal act may only be adopted if the commission makes a written finding, after a public hearing and based upon substantial evidence in the record that such rules are necessary to protect the public health and the environment of the state, and such findings and rules are approved by an affirmative vote of at least six members of the commission. Such findings and rules shall be accompanied by a commission opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for such findings and rules.

(b) The rules promulgated by the commission pursuant to the provisions of this part 3 concerning the regulation of mining and mineral processing wastes, including exploration, mining, milling, and smelting and the refining of waste, shall be identical to and no more inclusive than the regulations of the federal environmental protection agency promulgated pursuant to the federal act.

(c) (Deleted by amendment, L. 2000, p. 1068, § 3, effective July 1, 2000.)

(4.5) The commission shall adopt rules concerning solid waste disposal sites and facilities in accordance with part 1 of article 20 of title 30, C.R.S.

(4.6) The commission may adopt rules that specify types of composting facilities by size, volume, or other suitable criteria that provide equivalent protection of public health and the environment that would not be required to obtain a certificate of designation in accordance with section 30-20-102, C.R.S.

(4.7) Repealed.

(5) The rules promulgated by the commission are subject to expiration in accordance with section 24-4-103.

(6) The commission may advise and consult and cooperate with other agencies of the state, the federal government, and other states and with groups, political subdivisions, and industries affected by the provisions of this article or by the policies or rules of the commission.

(7) (a) The commission may hold hearings. Such hearings shall be held pursuant to and in conformity with article 4 of title 24, C.R.S., and with this article.

(b) The commission shall adopt such rules governing procedures and hearings before the commission as may be necessary to assure that such procedures and hearings will be fair and impartial. Such rules shall be consistent with the pertinent provisions of article 4 of title 24, C.R.S. Such rules shall include a voting rule that excludes a member from voting on any matter arising under section 25-15-305, 25-15-308, or 25-15-309 if such member has a conflict of interest with respect to such matter.

(c) The disclosure of any information relating to secret processes or methods of manufacture or production which may be required, ascertained, or discovered by the commission shall be governed by the provisions of part 2 of article 72 of title 24, C.R.S.

(8) (a) Prior to promulgating any rule authorized by this article, the commission shall conduct a public hearing thereon as provided in section 24-4-103, C.R.S. Notice of any such hearing shall conform to the requirements of section 24-4-103, C.R.S.; except that such notice shall include a summary or the text of each proposed rule or rule revision. The commission may, if requested or when otherwise appropriate, lengthen the notice period to provide sufficient time for public review of a proposed rule or revision.

(b) Rules promulgated pursuant to this article shall take effect as provided in section 24-4-103 (5) or (6), C.R.S.

(9) (a) The commission shall employ an administrator and shall delegate to such administrator such duties and responsibilities as it may deem necessary; except that no authority shall be delegated to such administrator to promulgate rules or to make determinations as provided in this part 3. Such administrator shall have appropriate practical, educational, technical, and administrative training or experience related to solid and hazardous waste management and shall be employed pursuant to section 13 of article XII of the Colorado constitution.

(b) Notice of meetings of the commission shall be published in the Colorado register at least twenty days prior to the date of such meeting and shall state the time, place, and nature of the subject matter to be considered at such meeting. The administrator shall maintain a mailing list of persons requesting to be included thereon and shall mail notice of any meeting of the commission to such persons at least twenty days prior to such meeting. Opportunity shall be afforded to interested persons to submit views orally or in writing on the proposals under consideration or to otherwise participate informally in a commission proceeding. For commission proceedings under this part 3 other than the review of administrative penalties pursuant to section 25-15-309, the department shall furnish such personnel to the commission as the commission may reasonably require.
C.R.S. § 25-11-101 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-101
25-11-101. Definitions
Status: in_force

25-11-101. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Byproduct material" means:

(a) Any radioactive material, except special nuclear material, yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or using special nuclear material;

(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations are not "byproduct material".

(c) (I) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or

(II) Any material that:

(A) Has been made radioactive by use of a particle accelerator; and

(B) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and

(d) Any discrete source of naturally occurring radioactive material, other than source material, that:

(I) The United States nuclear regulatory commission, in consultation with the administrator of the environmental protection agency, the secretary of energy, the secretary of homeland security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

(II) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity.

(1.5) "Civil penalty" means a monetary penalty levied against a licensee or registrant because of a violation of a statute, rule, license, or registration certificate. "Civil penalty" does not include any criminal penalty levied under section 25-1-114 or 25-11-107 (3).

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

(2.5) "Mammographer" means a person who operates a machine source of radiation, commonly known as an "X-ray machine", in the conduct of a mammography exam.

(2.7) "Naturally occurring radioactive material" means any nuclide that is radioactive in its natural physical state and is not manufactured. "Naturally occurring radioactive material" does not include source material, special nuclear material, byproduct material, or by-products of fossil fuel combustion, including bottom ash, fly ash, and flue-gas emission by-products.

(3) "Radiation" means ionizing radiation, which includes gamma rays, X rays, alpha particles, beta particles, high-speed electrons, high-speed neutrons, high-speed protons, and other high-speed nuclear particles.

(4) "Radiation machine" means a device capable of producing radiation; except that "radiation machine" does not include a device with radioactive material as its only source of radiation.

(5) "Radioactive" means emitting radiation.

(6) "Radioactive material" means any material, whether solid, liquid, or gas, that emits radiation spontaneously.

(6.4) (a) "Source material" means uranium, thorium, or any combination of uranium and thorium in any physical or chemical form, including ores that contain, by weight, one-twentieth of one percent or more of uranium, thorium, or any combination of uranium and thorium.

(b) "Source material" does not include special nuclear material.

(6.7) (a) "Special nuclear material" means:

(I) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States nuclear regulatory commission, pursuant to section 51 of the federal "Atomic Energy Act of 1954", as amended, 42 U.S.C. sec. 2071, determines to be special nuclear material; or

(II) Any material artificially enriched by any of the material specified in subparagraph (I) of this paragraph (a).

(b) Notwithstanding any other provision of this subsection (6.7), "special nuclear material" does not include source material.

(7) "Specific license" means a license issued to a person to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, radioactive materials occurring naturally or produced artificially.

(8) "State board" means the state board of health created in section 25-1-103.
C.R.S. § 25-8-103 — CO Code / Title 25 / Article 8 / Part 1 / Section 25-8-103
25-8-103. Definitions
Status: in_force

25-8-103. Definitions. As used in this article 8, unless the context otherwise requires:

(1) "Agricultural chemical" means any of the following:

(a) A pesticide as defined in section 35-10-103, C.R.S.; or

(b) A commercial fertilizer as defined in section 35-12-103, C.R.S.

(1.1) "Agricultural management area" means a designated geographic area defined by the commissioner of agriculture that includes natural or man-made features where there is a significant risk of contamination or pollution of state waters from agricultural activities conducted at or near the land surface.

(1.2) "Agricultural management plan" means any activity, procedure, or practice adopted as a rule by the commissioner of agriculture pursuant to article 4 of title 24, in consultation with the Colorado cooperative extension service established pursuant to part 7 of article 31 of title 23 and the water quality control division, to prevent or remedy the introduction of agricultural chemicals into state waters to the extent technically and economically practical.

(1.3) "Best management practices" means any voluntary activity, procedure, or practice established by the department of agriculture, in consultation with the Colorado cooperative extension service established pursuant to part 7 of article 31 of title 23 and the water quality control division, to prevent or remedy the introduction of agricultural chemicals into state waters to the extent technically and economically practical.

(1.4) "Biosolids" means the accumulated residual product resulting from a domestic wastewater treatment works or other domestic sources. "Biosolids" does not include grit or screenings from a wastewater treatment works or commercial and industrial septage or on-site wastewater treatment systems regulated by article 10 of this title.

(1.5) "Commission" means the water quality control commission created by section 25-8-201.

(1.7) "Commissioner" means the commissioner of agriculture.

(2) "Control regulation" means any regulation promulgated by the commission pursuant to section 25-8-205.

(3) "Discharge of pollutants" means the introduction or addition of a pollutant into state waters.

(4) "Division" means the division of administration of the department of public health and environment.

(5) "Domestic wastewater treatment works" means a system or facility for treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term "domestic wastewater treatment works" also includes appurtenances to such system or facility, such as outfall sewers and pumping stations, and to equipment related to such appurtenances. The term "domestic wastewater treatment works" does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial processes are treated therein.

(6) "Effluent limitation" means any restriction or prohibition established under this article or federal law on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into state waters, including, but not limited to, standards of performance for new sources, toxic effluent standards, and schedules of compliance.

(7) "Executive director" means the executive director of the department of public health and environment.

(8) "Federal act" means the "Federal Water Pollution Control Act", commonly referred to as the "Clean Water Act".

(8.3) (a) "Graywater" means that portion of wastewater that, before being treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses authorized by the commission in accordance with section 25-8-205 (1)(g); except that graywater use for purposes of scientific research must comply with the requirements of section 25-8-205.3, but need not comply with the commission's control regulations established under section 25-8-205 (1).

(b) Sources of graywater may include discharges from bathroom and laundry room sinks, bathtubs, showers, laundry machines, and other sources authorized by rule. Graywater does not include the wastewater from toilets, urinals, kitchen sinks, dishwashers, or nonlaundry utility sinks. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission; except that a person may collect, treat, and use graywater in a manner that departs from the commission's control regulations established under section 25-8-205 (1) if the person collects, treats, and uses graywater for purposes of scientific research in accordance with the requirements of section 25-8-205.3.

(8.4) "Graywater treatment works" means an arrangement of devices and structures used to:

(a) Collect graywater from within a building or a facility; and

(b) Treat, neutralize, or stabilize graywater within the same building or facility to the level necessary for its authorized uses.

(8.5) "Industrial discharger" means any entity which introduces pollutants into a domestic wastewater treatment works from any nondomestic source subject to regulation under section 307 (b), (c), or (d) of the federal act.

(9) "Irrigation return flow" means tailwater, tile drainage, or surfaced groundwater flow from irrigated land.

(10) "Issue" or "issuance" means the mailing to all parties of any order, permit, determination, or notice, other than notice by publication, by certified mail to the last address furnished to the agency by the person subject thereto or personal service on such person, and the date of issuance of such order, permit, determination, or notice shall be the date of such mailing or service or such later date as is stated in the order, permit, determination, or notice.

(11) "Municipality" means any regional commission, county, metropolitan district offering sanitation service, sanitation district, water and sanitation district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, city, town, Indian tribe or authorized Indian tribal organization, or any two or more of them which are acting jointly in connection with a sewage treatment works.

(12) "Permit" means a permit issued pursuant to part 5 of this article.

(13) "Person" means an individual, corporation, partnership, association, state or political subdivision thereof, federal agency, state agency, municipality, commission, or interstate body.

(14) "Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Point source" does not include irrigation return flow.

(15) "Pollutant" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste.

(16) "Pollution" means the man-made, man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water.

(16.5) "Pretreatment requirement and standard" means any requirement, prohibition, standard, concentration, or effluent limitation described in enforceable pretreatment requirements by the commission pursuant to section 25-8-205 (1)(b), (1)(c), or (1)(d).

(17) "Promulgate" means and includes authority to adopt, and from time to time amend, repeal, modify, publish, and put into effect.

(17.5) "Reclaimed domestic wastewater" means wastewater that has received treatment in accordance with section 25-8-205.7, 25-8-205.8, or 25-8-205.9 and that enables the wastewater to meet the requirements, prohibitions, standards, and concentration limitations adopted by the commission for subsequent reuses other than drinking.

(18) "Schedule of compliance" means a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance with any control regulation or effluent limitation.

(19) "State waters" means any and all surface and subsurface waters that are contained in or flow in or through this state, including wetlands, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

(20) "Water quality standard" means any standard promulgated pursuant to section 25-8-204.
C.R.S. § 25-1-120 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-120
25-1-120. Nursing facilities - rights of patients
Status: in_force

25-1-120. Nursing facilities - rights of patients. (1) The department shall require all skilled nursing facilities and intermediate care facilities to adopt and make public a statement of the rights and responsibilities of the patients who are receiving treatment in such facilities and to treat their patients in accordance with the provisions of said statement. The statement shall ensure each patient the following:

(a) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decisions, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights;

(b) The right to have private and unrestricted communications with any person of the patient's choice, except as specified in section 25-3-125 (2) and (3);

(c) The right to present grievances on behalf of himself or others to the facility's staff or administrator, to governmental officials, or to any other person, without fear of reprisal, and to join with other patients or individuals within or outside of the facility to work for improvements in patient care;

(d) The right to manage his own financial affairs or to have a quarterly accounting of any financial transactions made in his behalf, should he delegate such responsibility to the facility for any period of time;

(e) The right to be fully informed, in writing, prior to or at the time of admission and during his stay, of services available in the facility and of related charges, including charges for services not covered under medicare or medicaid or not covered by the basic per diem rate;

(f) The right to be adequately informed of his medical condition and proposed treatment, unless otherwise indicated by his physician, and to participate in the planning of all medical treatment, including the right to refuse medication and treatment, unless otherwise indicated by his physician, and to know the consequences of such actions;

(g) The right to receive adequate and appropriate health care consistent with established and recognized practice standards within the community and with skilled and intermediate nursing care facility rules and regulations as promulgated by the department;

(h) The right to have privacy in treatment and in caring for personal needs, confidentiality in the treatment of personal and medical records, and security in storing and using personal possessions;

(i) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement of the services provided by the facility, including those required to be offered on an as-needed basis;

(j) The right to be free from mental and physical abuse and from physical and chemical restraints, except those restraints initiated through the judgment of the professional staff for a specified and limited period of time or on the written authorization of a physician;

(k) The right to be transferred or discharged only for medical reasons or his welfare, or that of other patients, or for nonpayment for his stay and the right to be given reasonable advance notice of any transfer or discharge, except in the case of an emergency as determined by the professional staff;

(l) The right to devolution of his or her rights and responsibilities upon a sponsor, guardian, or person exercising rights contained in a designated beneficiary agreement executed pursuant to article 22 of title 15, C.R.S., who shall see that he or she is provided with adequate, appropriate, and respectful medical treatment and care and all rights which he or she is capable of exercising should he or she be determined to be incompetent pursuant to law and not be restored to legal capacity;

(m) The right to freedom of choice in selecting a health-care facility;

(n) The right to copies of the facility's rules and regulations and an explanation of his responsibility to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other patients.

(1.5) If a facility requires a lease agreement with a provision requiring in excess of a month-to-month tenancy and the lease agreement results in or requires forfeiture of more than thirty days of rent if a patient moves due to a medical condition or dies during the term of the lease agreement, then the lease agreement shall be deemed to be against public policy and shall be void; except that inclusion of such a provision shall not render the remainder of the contract or lease agreement void. A contract provision or lease agreement that requires forfeiture of rent for thirty days after the patient moves due to a medical condition or dies does not violate this section. The provisions regarding forfeiture of rent shall appear on the front page of the contract or lease agreement and shall be printed in no less than twelve-point bold-faced type. The provisions shall read as follows:

This lease agreement is for a month-to-month tenancy. The lessor shall not require the forfeiture of rent beyond a thirty-day period if the lessee moves due to a medical condition or dies during the term of the lease.

In circumstances in which the patient moves due to a medical condition or dies during the term of a contract or lease agreement, the facility shall return that part of the rent paid in excess of thirty days' rent after a patient moves or dies to the patient or the patient's estate. The facility may assess daily rental charges for any days in which the former or deceased patient's personal possessions remain in the patient's room after the period for which the patient has paid rent and for the usual time to clean the room after the patient's personal possessions have been removed. The facility shall have forty-five days after the date the patient's personal possessions have been removed from the patient's room to reconcile the patient's accounts and to return any moneys owed. This subsection (1.5) applies to any facility, or a distinct part of a facility, that meets the state nursing home licensing standards set forth in section 25-1.5-103 (1)(a)(I) and the licensing requirements specified in section 25-3-101. For purposes of this section, "daily rental charges" means an amount not to exceed one-thirtieth of thirty days' rental amount plus reasonable expenses.

(2) Each skilled nursing facility or intermediate care facility shall provide a copy of the statement required by subsection (1) of this section to each patient or his guardian at or before the patient's admission to a facility and to each staff member of a facility. Each such facility shall prepare a written plan and provide appropriate staff training to implement the provisions of this section.

(3) Each skilled nursing facility or intermediate care facility shall prepare a written plan and provide appropriate facilities to ensure that the rights guaranteed by subsection (1) of this section are enforced by a grievance procedure which contains the following procedures and rights:

(a) A resident of any facility, the residents' advisory council, or the sibling, child, spouse, parent, or person exercising rights contained in a designated beneficiary agreement executed pursuant to article 22 of title 15, C.R.S., of any resident may formally complain in the manner described in this subsection (3) about any conditions, treatment, or violations of his or her rights by the facility or its staff or about any treatment, conditions, or violations of the rights of any other resident, regardless of the consent of the victim of the alleged improper treatment, condition, or violation of rights by the facility or its staff.

(b) Each facility shall designate one full-time staff member, referred to in this subsection (3) as the "designee", to receive all grievances when they are first made.

(c) Each facility shall establish a grievance committee consisting of the chief administrator of the facility or his designee, a resident selected by the resident population of the facility, and a third person to be agreed upon by the administrator and the resident representative.

(d) If anyone designated in paragraph (a) of this subsection (3) wishes to complain about treatment, conditions, or violations of rights, he shall write or cause to be written his grievance or shall state it orally to the designee no later than fourteen days after the occurrence giving rise to the grievance. The designee shall confer with persons involved in the occurrence and with any other witnesses and, no later than three days after the grievance, give a written explanation of findings and proposed remedies, if any, to the complainant and to the aggrieved party, if someone other than the complainant. Where appropriate because of the mental or physical condition of the complainant or the aggrieved party, the written explanation shall be accompanied by an oral explanation.

(e) If the complainant or aggrieved party is dissatisfied with the findings and remedies or the implementation thereof, he may then make the same grievance orally or in writing, with any additional comments or information, to the grievance committee no later than ten days after the receipt of the explanation from the designee. Said committee shall confer with persons involved in the occurrence and with any other witnesses and, no later than ten days after the appeal from the designee, give a written explanation of its findings and proposed remedies, if any, to the complainant and to the aggrieved party, if someone other than the complainant. Where appropriate because of the mental or physical condition of the complainant or the aggrieved party, the written explanation shall be accompanied by an oral explanation.

(4) Each skilled nursing facility or intermediate care facility shall also establish a residents' advisory council which shall consist of not less than five members selected by and from the resident population of the facility. The council shall meet at least once a month with the administrator of the facility and a representative of the staff to make recommendations concerning policies of the facility. The council may also present grievances to the grievance committee on behalf of a resident.

(5) If a complainant or aggrieved party is dissatisfied with the findings and remedies of the grievance committee or implementation thereof, except for grievances against a physician or his prescribed treatment, he may file the same grievance in writing with the executive director of the department. The department shall investigate the facts and circumstances of the grievance and make findings of fact, conclusions, and recommendations, copies of which shall be transmitted to the complainant and the nursing home administrator. If the complainant or the nursing home administrator is aggrieved by the findings and the recommendations of the department, the aggrieved party may request a hearing to be conducted by the department pursuant to section 24-4-105, C.R.S. The board shall adopt rules and regulations to carry out the intent of this section.

(6) Implementation of this section shall be pursuant to section 25.5-6-204, C.R.S.

(7) Nothing in this section shall apply to any nursing institution conducted by or for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend exclusively upon spiritual means through prayer for healing in the practice of the religion of such church or denomination.

(8) (a) A patient who is eligible to receive medicaid benefits pursuant to articles 4, 5, and 6 of title 25.5, C.R.S., and who qualifies for nursing facility care shall have the right to select any nursing care facility recommended for certification by the department of public health and environment under Title XIX of the federal "Social Security Act", as amended, as a provider of medicaid services and licensed by the department pursuant to article 3 of this title where space is available, and the department of health care policy and financing shall reimburse the selected facility for services pursuant to section 25.5-6-204, C.R.S., unless such nursing care facility shall have been notified by the department of health care policy and financing that it may not qualify as a provider of medicaid services.

(b) A patient who is residing in such nursing care facility shall be assured the resident rights which are provided by section 4211 of Title IV of the federal "Omnibus Budget Reconciliation Act of 1987", as amended, Pub.L. 100-203. Failure to protect and promote those rights shall subject the violating facility to sanctions imposed by the department.

(9) A patient who is eligible to receive benefits from a skilled or intermediate nursing care facility certified by the department under Title XVIII of the federal "Social Security Act", as amended, as a provider of medicare services shall be assured the same rights as provided in paragraph (a) of subsection (8) of this section.
C.R.S. § 25-1.5-108.5 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-108.5
25-1.5-108.5. Regulation of recovery residences - definition - rules
Status: repealed

25-1.5-108.5. Regulation of recovery residences - definition - rules. (Repealed)
C.R.S. § 25-3.5-1007 — CO Code / Title 25 / Article 3.5 / Part 10 / Section 25-3.5-1007
25-3.5-1007. Evaluation of marijuana campaigns
Status: in_force

25-3.5-1007. Evaluation of marijuana campaigns. (1) The department shall contract with a respected evaluation partner to develop and implement a three-year evaluation plan assessing the reach and impact of the eighteen-month public education and awareness campaign required pursuant to section 25-3.5-1003, as it existed prior to its repeal in 2016, and the ongoing prevention and education campaign required pursuant to section 25-3.5-1004. The evaluation must also assess the department's success in educating the citizens of the state regarding the legal parameters of the use of retail marijuana and preventing negative health impacts from the legalization of retail marijuana.

(2) (Deleted by amendment, L. 2017.)
C.R.S. § 25-4-1504 — CO Code / Title 25 / Article 4 / Part 15 / Section 25-4-1504
25-4-1504. Allocation of fund
Status: in_force

25-4-1504. Allocation of fund. (1) All moneys in the fund shall be used by the department for the following purposes:

(a) The creation and development of a breast cancer screening program, undertaken by private contract for services or operated by the department, that will improve the availability of breast cancer screening and which may include the purchase, maintenance, and staffing of a truck, a van, or any other vehicle suitably equipped to perform breast cancer screening;

(a.5) To provide such further breast cancer diagnostic screening services, as may be indicated;

(b) The creation and operation of a referral service for the benefit of women for whom further examination or treatment is indicated by the breast cancer screening.
C.R.S. § 25-59-104 — CO Code / Title 25 / Article 59 / Section 25-59-104
25-59-104. Organ donation - benefits and recognition - legislative declaration
Status: in_force

25-59-104. Organ donation - benefits and recognition - legislative declaration. (1) Living organ donors may benefit from the following:

(a) Pursuant to section 8-2-132, a prohibition against an employer intimidating, threatening, coercing, discriminating, or retaliating against or taking an adverse action against an employee who is or becomes a living organ donor;

(b) Pursuant to section 10-1-142, a prohibition against an insurer denying or limiting coverage or increasing premiums for a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance due to the status of the person as a living organ donor;

(c) Pursuant to section 10-16-104 (24), mandatory coverage under individual and group health benefit plans for health-care services related to living organ donation;

(d) Pursuant to section 24-11-118, the establishment of the eleventh day of April each year as "Living Organ Donor Recognition Day";

(e) Pursuant to section 25-59-105, a prohibition against a health-care provider billing or charging a living organ donor for any costs associated with providing health-care services related to living organ donation; and

(f) Pursuant to section 25-59-106, a requirement that a transplant center advise a potential nondirected living organ donor, prior to performing an organ donation recovery operation, that an organ voucher program, as defined by each organization offering a program, may be available for the specific organ.

(2) The general assembly finds and declares that none of the benefits described in subsection (1) of this section are valuable consideration, as defined in 42 U.S.C. sec. 274e, as amended.
C.R.S. § 25-4-1302 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1302
25-4-1302. Definitions
Status: in_force

25-4-1302. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Bulk foods" means unpackaged or unwrapped foods, either processed or unprocessed, in aggregate containers from which quantities desired by the consumer are withdrawn. "Bulk foods" does not include fresh fruits, fresh vegetables, nuts in the shell, salad bars, bulk pet foods, potentially hazardous foods, and bulk nonfood items.

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

(3) "Display area" means a location, including physical facilities and equipment, where bulk foods are offered for customer self-service.

(4) "Potentially hazardous foods" includes any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other food products or ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. This term does not include refrigerated, clean, whole, uncracked, odor-free shell eggs.

(5) "Product module" means a food-contact container (multiuse or single-service) designed for customer self-service of bulk foods by either direct or indirect means.

(6) "Servicing area" means a designated location equipped for cleaning, sanitizing, drying, or refilling product modules or for preparing bulk foods.
C.R.S. § 25-27-106 — CO Code / Title 25 / Article 27 / Section 25-27-106
25-27-106. License denial, suspension, or revocation
Status: in_force

25-27-106. License denial, suspension, or revocation. (1) When an application for an original license has been denied by the department, the department shall notify the applicant in writing of such denial by mailing a notice to the applicant at the address shown on his or her application. Any applicant believing himself or herself aggrieved by such denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if the applicant, within thirty days after receiving such notice, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of original licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S.

(2) (a) The department may suspend, revoke, or refuse to renew the license of any residence that is out of compliance with the requirements of this article or the rules promulgated thereunder. Such suspension, revocation, or refusal shall be done after a hearing thereon and in conformance with the provisions and procedures specified in article 4 of title 24, C.R.S.

(b) (I) The department may impose intermediate restrictions or conditions on a licensee that may include at least one of the following:

(A) Retaining a consultant to address corrective measures;

(B) Monitoring by the department for a specific period;

(C) Providing additional training to employees, owners, or operators of the residence;

(D) Complying with a directed written plan, to correct the violation; or

(E) Paying a civil fine not to exceed ten thousand dollars per violation; except that the department may exceed the cap for an egregious violation that results in death or serious injury to a resident after considering the circumstances surrounding the violation and the factors set forth in subsection (4)(a) of this section.

(II) (A) If the department imposes an intermediate restriction or condition that is not a result of a life-threatening situation or due to serious injury or harm to a resident, the licensee shall receive written notice of the restriction or condition. No later than ten days after the date the notice is received from the department, the licensee shall submit a written plan that includes the time frame for completing the plan and addresses the restriction or condition specified.

(B) If the department imposes an intermediate restriction or condition that is the result of a life-threatening situation or is due to serious injury or harm to a resident, the department shall notify the licensee in writing, by telephone, or in person during an on-site visit. The licensee shall implement the restriction or condition immediately upon receiving notice of the restriction or condition. If the department provides notice of a restriction or condition by telephone or in person, the department shall send written confirmation of the restriction or condition to the licensee within two business days.

(III) (A) After submission of an approved written plan, a licensee may first appeal any intermediate restriction or condition on its license to the department through an informal review process as established by the department.

(B) If the restriction or condition requires payment of a civil fine pursuant to this paragraph (b), the licensee may request that the informal review be conducted in person. In addition, the licensee may request and the department shall grant a stay in payment of the fine until final disposition of the restriction or condition.

(C) In the event a licensee is not satisfied with the result of the informal review or chooses not to seek informal review, no intermediate restriction or condition on the licensee shall be imposed until after an opportunity for a hearing has been afforded the licensee pursuant to section 24-4-105, C.R.S.

(IV) (A) In the event that the department assesses a civil fine pursuant to this paragraph (b), moneys received by the department shall be transmitted to the state treasurer, who shall credit the same to the assisted living residence improvement cash fund, which fund is hereby created.

(B) The general assembly shall make annual appropriations from the assisted living residence improvement cash fund for expenditures of the department pursuant to subparagraph (V) of this paragraph (b).

(C) Notwithstanding any provision of section 24-36-114, C.R.S., to the contrary, all interest derived from the deposit and investment of moneys from the assisted living residence improvement cash fund created in sub-subparagraph (A) of this subparagraph (IV) shall remain in the assisted living residence improvement cash fund.

(V) Civil fines collected pursuant to this paragraph (b) shall be used for expenses related to:

(A) Continuing monitoring required pursuant to this paragraph (b);

(B) Education for licensees to avoid restrictions or conditions or facilitate the application process or the change of ownership process;

(C) Education for residents and their families about resolving problems with a residence, rights of residents, and responsibilities of residences;

(D) Providing technical assistance to any residence for the purpose of complying with changes in rules or state or federal law;

(E) Relocating residents to other facilities or residences;

(F) Maintaining the operation of a residence pending correction of violations, as determined necessary by the department;

(G) Closing a residence; or

(H) Reimbursing residents for personal funds lost, as determined necessary by the department.

(3) The department shall revoke or refuse to renew the license of a facility where the owner or licensee has been convicted of a felony or misdemeanor involving moral turpitude or involving conduct which the department determines could pose a risk to the health, safety, and welfare of the residents of such facility. Such revocation or refusal shall be made only after a hearing is provided in accordance with article 4 of title 24, C.R.S.

(4) (a) (I) Notwithstanding the department's discretion pursuant to subsection (2)(b)(I) of this section concerning the imposition of intermediate restrictions or conditions on a licensee, the department shall impose a fine, in an amount per violation that is calculated to deter further violations, for any violation resulting in actual harm or injury to a resident. Consistent with state board rules pursuant to section 25-27-104 (2), the amount of the fine may vary depending on the size of the residence, the potential for harm or injury to one or more residents, and whether there is a pattern of potential or actual harm or injury to residents.

(II) In determining the amount of a fine, the department shall consider:

(A) The history of harm or injury at the residence;

(B) The number of injuries to residents for which the cause of the injury is unknown;

(C) The adequacy of the residence's occurrence investigations and reporting;

(D) The adequacy of the administrator's supervision of employees to ensure employees are keeping residents safe from harm or injury; and

(E) The residence's compliance with required mandatory reporting of the mistreatment of residents.

(b) Notwithstanding the department's discretion pursuant to subsection (2)(b)(I) of this section, the department shall impose a fine, in an amount determined by the department, for any residence that is found to be without an administrator, or an interim administrator, as defined by the state board by rule, on or after January 1, 2024, who meets the requirements established by the state board pursuant to section 25-27-104 (2)(g)(I)(B).

(5) Except as provided in subsection (2)(b)(III) of this section, the department may suspend, revoke, or refuse to renew the license of a residence if:

(a) A resident is subject to mistreatment, as defined in section 26-3.1-101 (7), that causes injury to the resident;

(b) The residence's owner or administrator directly caused the mistreatment or the mistreatment resulted from the administrator's failure to adequately train or supervise employees; and

(c) A directed written plan required by the department pursuant to subsection (2)(b)(I)(D) of this section to correct the violation, in addition to the assessment of civil fines, has not corrected or is not reasonably expected to correct the violations.

(6) On and after January 1, 2024, the department may refuse to renew the license of a residence if the residence's administrator does not meet the requirements established by the state board pursuant to section 25-27-104 (2)(g)(I)(B).
C.R.S. § 25-5-1201 — CO Code / Title 25 / Article 5 / Part 12 / Section 25-5-1201
25-5-1201. Preemption
Status: in_force

25-5-1201. Preemption. The prohibition against producing, manufacturing, selling, and promoting personal care products that contain synthetic plastic microbeads is a matter of statewide concern, and, accordingly, this part 12 preempts any conflicting county or municipal ordinance, rule, or order.
C.R.S. § 25-7-114.2 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-114.2
25-7-114.2. Construction permits
Status: in_force

25-7-114.2. Construction permits. No person shall construct or substantially alter any building, facility, structure, or installation, except single-family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combinations thereof, or commence operations of any of the same which will or do constitute a new stationary source or a new indirect air pollution source without first obtaining or having a valid construction permit therefor from the division or commission, as the case may be; except that no construction permit shall be required for new indirect air pollution sources until regulations regarding construction permits for such sources have been promulgated by the commission, but in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Any emission permit validly issued prior to July 1, 1992, pursuant to section 25-7-114, as said section existed prior to July 1, 1992, and in effect on or after July 1, 1992, shall be deemed to be a valid construction permit issued pursuant to this section. The commission shall designate by regulation those classes of minor or insignificant sources of air pollution which are exempt from the requirement for a permit because of their negligible impact on air quality.
C.R.S. § 25-18.5-101 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-101
25-18.5-101. Definitions
Status: in_force

25-18.5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Board" means the state board of health in the department of public health and environment.

(2) "Certified industrial hygienist" means an individual who is certified by the American board of industrial hygiene or its successor.

(3) "Clean-up standards" means the acceptable standards for the remediation of an illegal drug laboratory involving methamphetamine, as established by the board under section 25-18.5-102.

(4) "Consultant" means a certified industrial hygienist or industrial hygienist who is not an employee, agent, representative, partner, joint venture participant, or shareholder of the contractor or of a parent or subsidiary company of the contractor, and who has been certified under section 25-18.5-106.

(5) "Contractor" means a person:

(a) Hired to decontaminate an illegal drug laboratory in accordance with the procedures established by the board under section 25-18.5-102; and

(b) Certified by the department under section 25-18.5-106.

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

(7) "Governing body" means the agency or office designated by the city council or board of county commissioners where the property in question is located. If there is no such designation, the governing body shall be the county, district, or municipal public health agency, building department, and law enforcement agency with jurisdiction over the property in question.

(8) "Illegal drug laboratory" means the areas where controlled substances, as defined by section 18-18-102, C.R.S., have been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage.

(9) "Industrial hygienist" has the same meaning as set forth in section 24-30-1402 (2.2), C.R.S.

(10) "Property" means anything that may be the subject of ownership, including land, buildings, structures, and vehicles.

(11) "Property owner", for the purposes of real property, means the person holding record fee title to real property. "Property owner" also means the person holding title to a manufactured home.
C.R.S. § 25-4-908 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-908
25-4-908. When exemption from immunization not recognized
Status: in_force

25-4-908. When exemption from immunization not recognized. If at any time there is, in the opinion of the state department of public health and environment or the county, district, or municipal public health agency, danger of an epidemic from any of the communicable diseases for which an immunization is required pursuant to the rules and regulations promulgated pursuant to section 25-4-904, no exemption or exception from immunization against such disease shall be recognized. Quarantine by the state department of public health and environment or the county, district, or municipal public health agency is hereby authorized as a legal alternative to immunization.
C.R.S. § 25-4-1903 — CO Code / Title 25 / Article 4 / Part 19 / Section 25-4-1903
25-4-1903. Gulf war syndrome registry - creation - reporting
Status: in_force

25-4-1903. Gulf war syndrome registry - creation - reporting. (1) There is hereby created a statewide gulf war syndrome registry that shall be established and maintained by the department. The registry shall contain the names of veterans and family members of veterans who have been affected by gulf war syndrome as reported by physicians, health-care professionals, hospitals, or medical facilities as provided in subsection (2) of this section or as reported by veterans on forms prescribed by the department. The registry shall also contain the names of children with cancer or birth defects who have at least one parent that is a veteran of the gulf war, and who submit information to the registry as provided in subsection (4) of this section.

(2) A physician or other qualified health-care professional who has primary responsibility for treating a veteran or a family member of a veteran and who believes the veteran may have been exposed to certain causative agents while serving in the armed forces of the United States during the gulf war shall submit a report to the department on a form provided by the department. If there is no physician or other qualified health-care professional having primary responsibility for treating the veteran or the veteran's family member, the hospital or other medical facility treating the veteran or family member shall submit the report to the department. No report shall be submitted pursuant to this subsection (2) unless consent of the veteran or, if the report involves a family member of the veteran, of the affected family member has been obtained. If the report involves a person who is under the age of eighteen years, consent shall be obtained from a parent or legal guardian of the child.

(3) The form provided by the department to veterans and to physicians or other qualified health-care professionals, hospitals, or other medical facilities shall request the following information:

(a) Symptoms of the veteran or family member of the veteran that may be related to exposure to causative agents during the gulf war;

(b) Diagnoses of the veteran or family member of the veteran;

(c) Methods of treatment prescribed;

(d) Outcome or results of any treatment prescribed.

(4) The department shall contact the families of any child born after August 2, 1990, who is on the state cancer registry or who has been reported to the department as having birth defects to determine whether either of the two biological parents of such child is a veteran of the gulf war. If either parent did serve, the department shall inform the family of the child about the registry. If the family consents, the child's name and any symptoms, diagnoses, methods of treatment, and treatment outcomes shall be listed in the registry.
C.R.S. § 25-14-105 — CO Code / Title 25 / Article 14 / Part 1 / Section 25-14-105
25-14-105. Local regulations
Status: repealed

25-14-105. Local regulations. (Repealed)
C.R.S. § 25-3.5-607 — CO Code / Title 25 / Article 3.5 / Part 6 / Section 25-3.5-607
25-3.5-607. Repeal of part
Status: repealed

25-3.5-607. Repeal of part. (Repealed)
C.R.S. § 25-3-105 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-105
25-3-105. License - fee - rules - performance incentive system - penalty
Status: repealed

25-3-105. License - fee - rules - performance incentive system - penalty. (1) (a) (I) (A) Subject to the limitations in subsections (1)(a)(I)(B) and (1)(a)(I)(B.5) of this section, the state board of health shall establish a schedule of fees, which must be set at a level sufficient to meet the direct and indirect costs of administration and enforcement of this article 3, as appropriated by the general assembly for each fiscal year, less any money appropriated for the same fiscal year by the general assembly from any other source to meet such costs. The fee schedule must also ensure that the reserve balance in the health facilities general licensure cash fund, created in section 25-3-103.1 (1), is consistent with the limits specified in section 24-75-402 (3) and must be modified, as necessary, to comply with the limits. The state board shall establish and modify, as necessary, the fee schedule by rules adopted in accordance with article 4 of title 24. Except as specified in subsection (1)(a)(II) of this section, the department of public health and environment may assess fees in accordance with the fee schedule established by the state board against health facilities licensed by the department. All fees collected pursuant to the fee schedule must be deposited in the health facilities general licensure cash fund, created in section 25-3-103.1 (1), and are subject to appropriation by the general assembly in accordance with section 25-3-103.1 (2).

(B) On or after June 4, 2012, and until June 30, 2025, the state board of health may increase the amount of any fee on the schedule of fees established pursuant to subsection (1)(a)(I)(A) of this section that is in effect on June 4, 2012, by an amount not to exceed the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers and all goods, or its applicable predecessor or successor index. Nothing in this subsection (1)(a)(I)(B) limits the ability of the state board of health to reduce the amount of any fee on the schedule of fees in effect on such date or to modify fees as necessary to comply with section 24-75-402. Notwithstanding the requirements of this subsection (1)(a)(I)(B), the state board of health may assess fees necessary to cover the costs associated with the surveys conducted pursuant to section 25-3-128.

(B.5) For state fiscal year 2025-26 and each state fiscal year thereafter, the schedule of fees adopted by the state board of health pursuant to subsection (1)(a)(I)(A) of this section must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board of health. The schedule of fees must increase eight percent for state fiscal year 2025-26; six percent for each of the state fiscal years 2026-27, 2027-28, and 2028-29; and, for state fiscal year 2029-30, and each year thereafter, the increase must be equal to the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.

(C) The department of public health and environment shall institute, by rule, a performance incentive system for licensed health facilities under which a licensed health facility would be eligible for a reduction in its license renewal fee if: The department's on-site relicensure inspection demonstrates that the health facility has no significant deficiencies that have negatively affected the life, safety, or health of its consumers; the licensed health facility has fully and timely cooperated with the department during the on-site inspection; the department has found no documented actual or potential harm to consumers; and, in the case where any significant deficiencies are found that do not negatively affect the life, safety, or health of consumers, the licensed health facility has submitted, and the department has accepted, a plan of correction and the health facility has corrected the deficient practice, as verified by the department, within the period required by the department. Notwithstanding the requirements of this subsection (1)(a)(I)(C), any fees associated with the surveys and investigations of hospitals authorized by section 25-3-128 are not subject to a reduction based on the performance incentive system.

(II) An acute treatment unit shall be assessed a fee as set forth in paragraph (c) of this subsection (1), an assisted living residence shall be assessed a fee as set forth in section 25-27-107, and a separate fee shall be collected pursuant to section 25-3-704 to meet the costs incurred by the department in completing the requirements of part 7 of this article.

(III) A license issued by the department may be revoked at any time by the state board of health for any of the causes set forth in section 25-3-103 or for a licensee's failure to comply with any of the rules of the state board or to make the reports required by section 25-3-104. Any person, partnership, association, company, or corporation opening, conducting, or maintaining any facility for the treatment and care of the sick or injured who does not have a provisional or regular license authorizing such person or entity to open, conduct, or maintain the facility is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.

(b) (Deleted by amendment, L. 2007, p. 953, § 2, effective May 17, 2007.)

(c) Repealed.

(2) The department of public health and environment shall maintain a full, true, and accurate accounting of the costs of providing services under this article, including indirect costs, and, at least annually, shall provide a detailed cost accounting report to the health care facility stakeholder forum created in section 25-3-113. The department shall regularly evaluate and update its cost-accounting methods.

(3) Repealed.

(4) On July 1, 2013, any moneys remaining in the health facilities general licensure cash fund created in section 25-3-103.1 (1) from fees collected by the department of public health and environment for health facility building and structure code plan reviews and inspections are transferred to the health facility construction and inspection cash fund created in section 24-33.5-1207.8, C.R.S.
C.R.S. § 25-2-113 — CO Code / Title 25 / Article 2 / Section 25-2-113
25-2-113. New certificates of birth following adoption - parentage determination
Status: repealed

25-2-113. New certificates of birth following adoption - parentage determination. (1) (a) The state registrar shall prepare a new certificate of birth as to any person born in this state whenever he or she receives, with respect to such a person, any of the following: A report concerning adoption or parentage as required by section 25-2-107; or a report or certified copy of a decree concerning the adoption or parentage of the person from a court of competent jurisdiction outside this state; or a certified copy of the marriage certificate of the parents, together with a statement of the husband, executed after the marriage, in which the husband acknowledges paternity. The state registrar shall not prepare a new certificate of birth for an adoption if the court that has decreed the adoption, an adoptive parent, or the adopted person has requested that the state registrar not prepare such new certificate of birth. Each new certificate must show all information shown on the original certificate of birth, except information for which substitute information is included as a result of the report or decree which prompts the preparation of the new certificate.

(b) A new certificate of birth shall be prepared by the state registrar as to any adopted person born in a foreign country and a resident of this state whenever the state registrar receives with respect to such person a certified copy of the final decree of adoption as required by section 19-5-212, C.R.S., and section 25-2-107 and findings of fact as required by this section. In proceedings for the adoption of a person who was born in a foreign country, the juvenile court having jurisdiction of adoptions, upon evidence from reliable sources, shall make findings of fact as to the date and place of birth and parentage of such person. The state registrar shall prepare a new birth certificate in the new name of the adopted person and shall seal the certified copy of the findings of the court and the certified copy of the final decree of adoption which shall be kept confidential except as otherwise provided in part 3 of article 5 of title 19, C.R.S. The birth certificate shall be labeled as a certificate of foreign birth and shall show specifically the true or probable country of birth and that the certificate is not evidence of United States citizenship. If the child was born in a foreign country but was a citizen of the United States at the time of birth, the state registrar shall not prepare a certificate of foreign birth but instead shall notify the adoptive parents of the procedures for obtaining a revised birth certificate for their child through the United States department of state. Any copy of a certificate of foreign birth issued shall indicate this policy, show the actual place of birth, and indicate the fact that the certificate is not proof of United States citizenship for the adopted child. A new certificate of birth in the new name of the adopted person prepared by the state registrar pursuant to this section is hereby legalized and made valid.

(c) Repealed.

(2) (a) The state registrar shall register each new certificate of birth prepared pursuant to subsection (1) of this section by marking thereon the words "new certificate", by marking thereon the date such certificate is completed, which date thereafter shall be the registration date, and by substituting such new certificate for the original certificate of birth for such person.

(b) A new certificate of birth issued pursuant to an adoption, and any copy of such certificate issued, shall be marked by the state registrar with the words "issued pursuant to adoption" if so requested by an adoptive parent or by an adopted person.

(c) The state registrar shall develop rules to ensure that the adoptive parent's decision to include such information, in paragraph (b) of this subsection (2), is made knowingly, including having a separate signature line verifying such choice.

(3) Thereafter, the original certificate and evidence concerning adoption or parentage must be sealed and is not subject to inspection, except as provided in section 25-2-113.5 or in part 3 of article 5 of title 19, by regulation, or upon order of a court of competent jurisdiction after the court has satisfied itself that the interests of the child or the child's descendants or the parents will best be served by opening the seal. The information obtained from opening the seal may be withheld from public view or from being presented as evidence at the discretion of the judge.

(4) In the event the decree which formed the basis for the new certificate of birth is annulled and if the state registrar receives either a certified copy of such decree of annulment or a report with respect to such decree as required by section 25-2-107, the state registrar shall return the original certificate to its place in the files. Thereafter the new certificate and evidence concerning the annulment shall not be subject to inspection except as provided in section 25-2-113.5, upon order of a court of competent jurisdiction, or as provided by regulation.

(5) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.

(6) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection, except as otherwise provided in part 3 of article 5 of title 19, C.R.S., or forwarded to the state registrar, as the state registrar shall direct.
C.R.S. § 25-6-102 — CO Code / Title 25 / Article 6 / Part 1 / Section 25-6-102
25-6-102. Policy, authority, and prohibitions against restrictions
Status: in_force

25-6-102. Policy, authority, and prohibitions against restrictions. (1) All medically acceptable contraceptive procedures, supplies, and information shall be readily and practicably available to each person desirous of the same regardless of sex, sexual orientation, gender identity, gender expression, race, color, creed, religion, disability, age, income, number of children, marital status, citizenship, national origin, ancestry, or motive.

(2) Medical evaluation and advice is encouraged for all persons seeking any contraceptive procedures, supplies, and information.

(3) No hospital, clinic, medical center, institution, or pharmacy shall subject any person to any standard or requirement as a prerequisite for any contraceptive procedures, supplies, or information, including sterilization, other than referral to a physician.

(4) No hospital, clinic, medical center, or pharmacy licensed in this state, nor any agency or institution of this state, nor any unit of local government shall have any policy which interferes with either the physician-patient relationship or any physician or patient desiring to use any medically acceptable contraceptive procedures, supplies, or information.

(5) Contraceptive procedures, including medical procedures for permanent sterilization, when performed by a physician on a requesting and consenting patient, are consistent with public policy.

(6) Notwithstanding any other provision of this part 1, no unmarried person under eighteen years of age may consent to permanent sterilization procedures without the consent of parent or guardian.

(7) Nothing in this part 1 shall inhibit a physician from refusing to furnish any contraceptive procedures, supplies, or information for medical reasons.

(8) Dissemination of medically acceptable contraceptive information by duly authorized persons at schools, in state, district, and county health and welfare departments or public health agencies, in medical facilities at institutions of higher education, and at other agencies and instrumentalities of this state is consistent with public policy.

(9) No private institution or physician, nor any agent or employee of such institution or physician, shall be prohibited from refusing to provide contraceptive procedures, supplies, and information when such refusal is based upon religious or conscientious objection, and no such institution, employee, agent, or physician shall be held liable for such refusal.

(10) To the extent family planning funds are available, each agency and institution of this state and each of its political subdivisions shall provide contraceptive procedures, supplies, and information, including permanent sterilization procedures, to indigent persons free of charge and to other persons at cost.
C.R.S. § 25-15-407 — CO Code / Title 25 / Article 15 / Part 4 / Section 25-15-407
25-15-407. Presumption of noninfectiousness
Status: in_force

25-15-407. Presumption of noninfectiousness. It is conclusively presumed that any infectious waste which has been appropriately treated and documented in section 25-15-404 (2) either on the site or off the site is not infectious after it has been so treated.
C.R.S. § 25-57-106 — CO Code / Title 25 / Article 57 / Section 25-57-106
25-57-106. Disclosure of identifying information and medical history - applicability
Status: in_force

25-57-106. Disclosure of identifying information and medical history - applicability. (1) Except as provided in subsection (4) of this section, upon the request of a donor-conceived person who is eighteen years of age or older, a gamete agency, gamete bank, or fertility clinic that matched or collected the gametes used in the assisted reproduction of such donor-conceived person shall provide the donor-conceived person with the identifying information of the donor who provided the gametes or embryo. A gamete agency, gamete bank, or fertility clinic shall not impede or prohibit compliance with this section or communication between:

(a) An adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person; or

(b) An adult donor-conceived person and the person's friends, family, or other third parties about the donor whose gametes were used to conceive the donor-conceived person.

(2) Except as provided in subsection (4) of this section, upon the request of a donor-conceived person who is eighteen years of age or older, or, if the donor-conceived person is a minor, by a parent or guardian of the minor donor-conceived person, a gamete agency, gamete bank, or fertility clinic that matched or collected the gametes used in the assisted reproduction, regardless of whether the gamete agency, gamete bank, or fertility clinic performed the assisted reproduction, shall provide the donor-conceived person, or, if the donor-conceived person is a minor, by a parent or guardian of the minor donor-conceived person, access to any non-identifying medical history of the donor that is maintained by the gamete agency, gamete bank, or fertility clinic.

(3) Upon the request of a donor-conceived person who is eighteen years of age or older, or, if the donor-conceived person is a minor, a parent or guardian of the minor donor-conceived person:

(a) A gamete agency, gamete bank, or fertility clinic that received the gametes or embryo used in the assisted reproduction from another gamete agency, gamete bank, or fertility clinic shall disclose the name, address, telephone number, and e-mail address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryo.

(b) A gamete bank or fertility clinic that collected gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall disclose the name, address, telephone number, and e-mail address of the gamete agency that matched the donor and the recipient.

(4) A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (1) or (2) of this section.

(5) (a) Subsections (1) and (2) of this section apply only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.

(b) Subsection (3) of this section applies only to gametes or embryos received by a gamete agency, gamete bank, or fertility clinic on or after July 1, 2023.
C.R.S. § 25-7-130 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-130
25-7-130. Motor vehicle emission control studies
Status: repealed

25-7-130. Motor vehicle emission control studies. (1) The department of public health and environment, motor vehicle emission control section of the air pollution control division, and the department of revenue shall develop a continuing joint program for the study of the control of motor vehicle exhaust emissions, including emissions from model year 1975 and later models. Such emission control studies shall include such investigations and evaluations of existing and available motor vehicle emission control equipment and technology and the social problems, economic impacts, effectiveness, and costs involved in the use of such technology in motor vehicle emissions inspections and maintenance programs as they may jointly recommend.

(2) (a) The department of public health and environment, motor vehicle emission control section of the air pollution control division, shall develop a pilot program for the purpose of testing a representative sample of motor vehicles with various vehicle emission control alternatives which may include emission testing and maintenance, air pollution control tune-up, and vehicle modification alternatives as determined by the commission.

(b) Based upon the results of the pilot program and emission control studies, the commission shall develop recommendations for implementing programs of emission testing or mandatory maintenance, or both; air pollution control tune-ups; and vehicle modifications, including altitude modifications and retrofit control systems, for the control of motor vehicle emissions. Such recommendations shall include information on the costs and air pollution control effectiveness of alternate control measures and legislative and regulatory measures necessary to implement an effective program. Any program recommended shall be based upon establishing statewide minimum standards and shall include more stringent standards for motor vehicles registered in air quality control basins defined by the commission.

(3) (Deleted by amendment, L. 96, p. 1259, § 156, effective August 7, 1996.)

(4) and (5) Repealed.
C.R.S. § 25-49-103 — CO Code / Title 25 / Article 49 / Section 25-49-103
25-49-103. Transparency - charges for services rendered by health-care providers
Status: in_force

25-49-103. Transparency - charges for services rendered by health-care providers. (1) (a) (I) Except as provided in subsection (1)(a)(II) or (1)(a)(III) of this section, a health-care provider shall make available to the public, in a single document, either electronically or by posting conspicuously on the provider's website if one exists, the health-care prices for at least the fifteen most common health-care services the health-care provider provides. If the health-care provider, in the normal course of his or her practice, regularly provides fewer than fifteen health-care services, the health-care provider shall make available the health-care prices for the health-care services the provider most commonly provides.

(II) A health-care provider practicing in a solo practice or in a medical group, independent practice association, or professional corporation comprised of not more than six individual health-care providers with the same license type may comply with the requirements of this section by making the health-care prices described in subsection (1)(a)(I) of this section available in patient waiting areas.

(III) A health-care provider who is a member of a professional corporation that contracts with a single health maintenance organization, as defined in section 10-16-102 (35), complies with this section if the professional corporation or its contracting health maintenance organization makes available to the public, in a single document, either electronically or by posting conspicuously on its website, the health-care prices for at least the fifteen most common health-care services that the health-care provider or health maintenance organization would charge individuals who are not members of the health maintenance organization.

(b) The health-care provider shall identify the services by:

(I) A common procedural terminology code or other coding system commonly used by the health-care provider and accepted as a national standard for billing; and

(II) A plain English description.

(c) The health-care provider shall update the document as frequently as the health-care provider deems appropriate, but at least annually.

(2) The health-care provider shall include:

(a) A disclosure specifying that the health-care price for any given health-care service is an estimate and that the actual charges for the health-care service are dependent on the circumstances at the time the service is rendered; and

(b) The following statement or a statement containing substantially similar information:

If you are covered by health insurance, you are strongly encouraged to consult with your health insurer to determine accurate information about your financial responsibility for a particular health-care service provided by a health-care provider at this office. If you are not covered by health insurance, you are strongly encouraged to contact our billing office at (insert telephone number) to discuss payment options prior to receiving a health-care service from a health-care provider at this office since posted health-care prices may not reflect the actual amount of your financial responsibility.

(3) A hospital-based health-care provider that is not an employee of the hospital where the services are being delivered is not required to provide health-care prices in the manner specified in this section for the health-care services the health-care provider renders in the hospital setting.

(4) Nothing in this section precludes a health-care provider from informing a current or potential patient, upon request of the patient, of the health-care price for a health-care service that the health-care provider renders.
C.R.S. § 25-48-108 — CO Code / Title 25 / Article 48 / Section 25-48-108
25-48-108. Confirmation that individual is mentally capable - referral to mental health pro
Status: in_force

25-48-108. Confirmation that individual is mentally capable - referral to mental health professional. (1) If either the attending provider or the consulting provider has doubts as to whether an individual is mentally capable, the provider shall refer the individual to a licensed mental health provider for determination regarding mental capability.

(2) The licensed mental health provider to whom the individual is referred pursuant to subsection (1) of this section shall submit to the requesting attending provider or the consulting provider who referred the individual a written determination of whether the individual is mentally capable.

(3) If the licensed mental health provider determines that the individual is not mentally capable, the individual is not a qualified individual and the attending provider shall not prescribe medication to the individual under this article 48.
C.R.S. § 25-1.5-116 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-116
25-1.5-116. Costs associated with living organ donation - definitions
Status: repealed

25-1.5-116. Costs associated with living organ donation - definitions. (Repealed)
C.R.S. § 25-16-312 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-312
25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant prog
Status: repealed

25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal. (1) The rural housing and development asbestos and lead paint abatement pilot grant program, referred to in this section as the "pilot grant program", is established in the department. The pilot grant program may award grants, beginning July 1, 2025, to local governments in rural communities to offset costs associated with the abatement of asbestos and lead paint in:

(a) Housing;

(b) Commercial buildings; and

(c) Other development projects.

(2) To be eligible for a grant from the pilot grant program, a local government must submit an application to the department. The application must:

(a) For renovation or demolition sites, include an inspection report consistent with the rules adopted pursuant to section 25-7-503 detailing asbestos-containing materials in excess of trigger levels;

(b) For renovation of lead-based paint abatement sites, include a description of eligibility that the facility meets the definition in section 25-7-1102 (2) or (7);

(c) For both asbestos and lead-based paint abatement, renovation, or demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and

(d) Include an assessment of the needs of the local government's rural communities specific to:

(I) The health and environmental impacts of asbestos- and lead-paint-contaminated structures;

(II) The presence or lack of certified asbestos abatement or lead paint abatement personnel or supervisors operating within, or traveling to, rural communities for abatement projects;

(III) The cost of acquiring certified asbestos abatement or lead paint abatement personnel or supervisors within rural communities;

(IV) The proximity to, and availability of, asbestos and lead paint disposal facilities; and

(V) Community impacts on economic development and affordable housing.

(3) (a) The rural housing and development asbestos and lead paint abatement fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money generated from penalties and fines collected pursuant to sections 25-15-309 and 25-15-310, as described in section 25-15-311; penalties collected pursuant to section 25-7-511; and any other money that the general assembly may appropriate or transfer to the fund.

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

(c) The state treasurer shall credit any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year to the fund; except that, on June 30, 2027, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund to the general fund.

(d) Subject to annual appropriation by the general assembly, the department may expend money to award grants as described in subsection (1) of this section.

(4) As used in this section, unless the context requires otherwise, "rural community" has the meaning set forth in section 39-22-526 (1)(b)(II).

(5) This section is repealed, effective July 1, 2027.
C.R.S. § 25-7-102 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-102
25-7-102. Legislative declaration
Status: in_force

25-7-102. Legislative declaration. (1) In order to foster the health, welfare, convenience, and comfort of the inhabitants of the state of Colorado and to facilitate the enjoyment and use of the scenic and natural resources of the state, it is declared to be the policy of this state to achieve the maximum practical degree of air purity in every portion of the state, to attain and maintain the national ambient air quality standards, and to prevent the significant deterioration of air quality in those portions of the state where the air quality is better than the national ambient air quality standards. To that end, it is the purpose of this article 7 to require the use of all available practical methods which are technologically feasible and economically reasonable so as to reduce, prevent, and control air pollution throughout the state of Colorado; to require the development of an air quality control program in which the benefits of the air pollution control measures utilized bear a reasonable relationship to the economic, environmental, and energy impacts and other costs of such measures; and to maintain a cooperative program between the state and local units of government. It is further declared that the prevention, abatement, and control of air pollution in each portion of the state are matters of statewide concern and are affected with a public interest and that the provisions of this article 7 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. The general assembly further recognizes that a current and accurate inventory of actual emissions of air pollutants from all sources is essential for the proper identification and designation of attainment and nonattainment areas, the determination of the most cost-effective regulatory strategy to reduce pollution, the targeting of regulatory efforts to achieve the greatest health and environmental benefits, and the achievement of a federally approved clean air program. In order to achieve the most accurate inventory of air pollution sources possible, this article 7 specifically provides incentives to achieve the most accurate and complete inventory possible and to provide for the most accurate enforcement program achievable based upon that inventory.

(2) It is further declared that:

(a) Climate change adversely affects Colorado's economy, air quality and public health, ecosystems, natural resources, and quality of life;

(b) Colorado is already experiencing harmful climate impacts, including declining snowpack, prolonged drought, more extreme heat, elevated wildfire risk and risk to first responders, widespread beetle infestation decimating forests, increased risk of vector-borne diseases, more frequent and severe flooding, more severe ground-level ozone pollution causing respiratory damage and loss of life, decreased economic activity from outdoor recreation and agriculture, and diminished quality of life. Many of these impacts disproportionately affect rural communities, communities of color, youth and the elderly, and working families. Reducing statewide greenhouse gas pollution as outlined in this subsection (2) will protect these frontline communities, first responders, and all Colorado residents from these and other climate impacts.

(c) We must work together to reduce statewide greenhouse gas pollution in order to limit the increase in the global average temperature to one and one-half degrees Celsius, which scientists agree would provide a more stable and hospitable climate for current and future generations and mitigate the risk of catastrophic climate impacts in Colorado;

(d) By reducing greenhouse gas pollution, Colorado will also reduce other harmful air pollutants, which will, in turn, improve public health, reduce health-care costs, improve air quality, and help sustain the environment;

(e) Reducing greenhouse gas pollution will create new markets, spur innovation, drive investments in low-carbon technologies, and put Colorado squarely on the path to a modern, resilient, one-hundred-percent clean economy. Delay in pursuing and securing greenhouse gas reductions as outlined in this subsection (2) will prevent Colorado communities from capturing the benefits of these new jobs and markets, in addition to exacerbating the climate impacts that harm Coloradans. The clean energy economy is already bringing tens of thousands of jobs and billions of dollars in direct investment to counties across the state, benefitting workers, families, and communities. Colorado can continue to facilitate such a transition to a clean energy economy. Food and fiber production has made significant achievements in areas of productivity and sustainability. Modern technology in this sector contributes to reductions in greenhouse gas emissions by sequestering carbon in the soil and enhancing sustainability through technologies that reduce methane emissions and produce renewable energy. Continuing to encourage these types of achievements is beneficial.

(f) By exercising a leadership role, Colorado will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce greenhouse gases;

(g) (I) Accordingly, Colorado shall strive to increase renewable energy generation and eliminate statewide greenhouse gas pollution by the middle of the twenty-first century and have goals of achieving, at a minimum:

(A) A twenty-six percent reduction in statewide greenhouse gas pollution by 2025;

(B) A fifty percent reduction in statewide greenhouse gas pollution by 2030;

(C) A sixty-five percent reduction in statewide greenhouse gas pollution by 2035;

(D) A seventy-five percent reduction in statewide greenhouse gas pollution by 2040;

(E) A ninety percent reduction in statewide greenhouse gas pollution by 2045; and

(F) A one hundred percent reduction in statewide greenhouse gas pollution by 2050.

(II) The reductions identified in this subsection (2)(g) are measured relative to 2005 statewide greenhouse gas pollution levels.
C.R.S. § 25-1-131 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-131
25-1-131. Firearms safe storage education campaign
Status: in_force

25-1-131. Firearms safe storage education campaign. (1) (a) The office of suicide prevention within the department shall include on a public page of the department's website information about the following:

(I) [Editor's note: This version of subsection (1)(a)(I) is effective until January 1, 2025.] The unlawful storage of a firearm offense described in section 18-12-114.5;

(I) [Editor's note: This version of subsection (1)(a)(I) is effective January 1, 2025.] The unlawful storage of a firearm offense described in section 18-12-114 and the unlawful storage of a firearm in a vehicle offense described in section 18-12-114.5;

(II) The penalties for an offense related to providing a handgun to a juvenile or allowing a juvenile to possess a firearm in violation of section 18-12-108.7; and

(III) The requirement that a licensed gun dealer provide a locking device with each firearm transferred, as described in section 18-12-405 (1).

(b) Any information described in subsection (1)(a) of this section posted on the department's website must be in both English and Spanish.

(c) The office of suicide prevention shall include references to the offenses listed in subsection (1)(a) of this section and direction to the department's website for more information about those offenses in materials provided to the following:

(I) Licensed gun dealers, shooting ranges, and safety instructors; and

(II) Health-care providers, including facilities licensed or certified by the department pursuant to section 25-1.5-103.

(2) [Editor's note: This version of subsection (2) is effective until January 1, 2025.] The department shall develop a notice intended to be displayed on the premises of a licensed gun dealer, and designed to be printed with each letter at a minimum of one inch in height, that informs firearms purchasers that unlawful storage of a firearm may result in imprisonment or fine. The department shall make electronic copies of the notice publicly available for download from its website without charge.

(2) [Editor's note: This version of subsection (2) is effective January 1, 2025.] The department shall develop a notice intended to be displayed on the premises of a licensed gun dealer, and designed to be printed with each letter at a minimum of one inch in height, that informs firearms purchasers that unlawful storage of a firearm, including in a vehicle, may result in imprisonment or fine. The department shall make electronic copies of the notice publicly available for download from its website without charge.

(3) (a) Subject to available money, including appropriations or gifts, grants, or donations received pursuant to subsection (4) of this section, the department shall develop and implement a firearms safe storage education campaign, referred to in this section as the "education campaign", to educate firearms owners, firearms purchasers, licensed gun dealers, shooting ranges, and safety instructors about safe storage of firearms and state requirements related to firearms safety and storage. The department shall consult with the division of criminal justice in the department of public safety in developing and implementing the education campaign.

(b) As part of the education campaign, the department may:

(I) Develop and provide materials to local law enforcement agencies to assist those agencies with educating the public about safe storage of firearms and state requirements related to firearms safety and storage;

(II) Develop and provide materials to health-care providers to assist providers with educating the public about safe storage of firearms and state requirements related to firearms safety and storage; and

(III) Provide information about programs that assist firearms owners with the cost of purchasing firearms locking devices, gun safes, or other secure firearms storage containers, including programs that provide free or reduced-price locking devices.

(c) (I) As part of the education campaign, the department shall provide information on its website about community programs that allow firearms owners to voluntarily and temporarily store a firearm at a secure location outside of the home, including a firearms retailer, gun range, or law enforcement agency.

(II) The department may provide assistance to any local entity that facilitates a program described in this subsection (3)(c).

(d) In furtherance of the goals of the education campaign, the department may use television messaging, radio broadcasts, print media, digital strategies, or any other form of messaging deemed appropriate by the department.

(4) The department may seek, accept, and expend gifts, grants, or donations, including in-kind donations, from private or public sources for the purposes of this section.

(5) In fiscal years 2020-21, 2021-22, and 2022-23, the general assembly shall not appropriate money from the general fund for the purposes of this section. Notwithstanding any provision of section 24-75-1305, in fiscal year 2023-24 and any subsequent fiscal year, the general assembly may appropriate money from the general fund for the purposes of this section.
C.R.S. § 25-4-1902 — CO Code / Title 25 / Article 4 / Part 19 / Section 25-4-1902
25-4-1902. Definitions
Status: in_force

25-4-1902. Definitions. As used in this part 19, unless the context otherwise requires:

(1) "Birth defect" means any physical or mental disability, disorder, or condition, including any susceptibility to any illness, disorder, or condition other than normal childhood illnesses, disorders, or conditions.

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

(3) "Family member" means a spouse or a child of a veteran who served in the gulf war.

(4) "Gulf war syndrome" means the wide range of physical and mental conditions, disorders, problems, and illnesses, including birth defects, experienced by veterans and family members that are connected with a veteran's service in the armed forces of the United States during the gulf war.

(5) "Registry" means the gulf war syndrome registry created in section 25-4-1903.

(6) "Veteran" means a person who is a resident of this state, who served on and after August 2, 1990, but prior to December 31, 1991, during the gulf war in the southwest Asia theater of operations, which includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.
C.R.S. § 25-20.5-304 — CO Code / Title 25 / Article 20.5 / Part 3 / Section 25-20.5-304
25-20.5-304. Grant program
Status: in_force

25-20.5-304. Grant program. (1) The program shall fund programs and initiatives that provide evidence-based education and intervention strategies for cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment through a competitive grant program which shall be overseen by the review committee. The state board, upon recommendations of the review committee, shall adopt rules that specify, but need not be limited to, the following:

(a) The procedures and timelines by which an entity may apply for program grants;

(b) Grant application contents;

(c) Criteria for selecting the entities that shall receive grants and determining the amount and duration of the grants;

(d) Reporting requirements for entities that receive grants pursuant to this section; and

(e) The qualifications of an adequate proposal.

(2) The review committee shall review the applications received pursuant to this section and submit to the state board and the executive director of the department recommended grant recipients, grant amounts, and the duration of each grant. Within thirty days after receiving the review committee's recommendations, the executive director shall submit his or her recommendations to the state board. The review committee's recommendations regarding grants for projects impacting rural areas shall be submitted to the state board and the executive director of the department of local affairs. Within thirty days after receiving the review committee's recommendations, the executive director of the department of local affairs shall submit his or her recommendations to the state board. The state board shall have the final authority to approve the grants under this part 3. If the state board disapproves a recommendation for a grant recipient, the review committee may submit a replacement recommendation within thirty days. In making grant recommendations, the review committee shall follow the intent of the program as outlined in section 25-20.5-302. The state board shall award grants to the entities selected by the review committee, specifying the amount and duration of each grant award. In reviewing and approving grant applications, the review committee and the state board shall ensure that grants are distributed statewide and address the needs of Colorado's disparate populations, as well as the needs of both urban and rural residents of Colorado. Grants providing for treatment services shall not exceed ten percent of the total amount of grant funds distributed in any given year.

(3) (a) For the prevention, early detection, and treatment of cardiovascular disease, the review committee and the state board are encouraged to consider programs that address the major risk factors of cardiovascular disease including but not limited to blood pressure, cholesterol, and diabetes screenings.

(b) For the prevention, early detection, and treatment of cancer, the review committee and the state board are encouraged to consider programs to increase screening for cancer including but not limited to colorectal cancer screening.

(c) For the prevention, early detection, and treatment of chronic pulmonary disease, the review committee and the state board are encouraged to consider programs to expand the prevention, early detection, and treatment of chronic pulmonary diseases.

(4) A minimum of ten percent of the moneys awarded through the grant program shall be directed to projects impacting rural areas as part of the governor's rural healthcare initiative and a minimum of ten percent of the moneys awarded through the grant program shall be directed to each of the following three disease areas: Cancer; cardiovascular disease; and chronic pulmonary disease; except that, if the review committee determines that there are no adequate proposals in a given disease or geographic area for a particular grant cycle, the review committee may waive the ten percent requirement.
C.R.S. § 25-16-104.8 — CO Code / Title 25 / Article 16 / Part 1 / Section 25-16-104.8
25-16-104.8. Report required
Status: repealed

25-16-104.8. Report required. (Repealed)
C.R.S. § 25-20.5-2302 — CO Code / Title 25 / Article 20.5 / Part 23 / Section 25-20.5-2302
25-20.5-2302. Establishment of overdose fatality review teams
Status: in_force

25-20.5-2302. Establishment of overdose fatality review teams. (1) County or district public health agencies within the state may establish a multidisciplinary and multiagency overdose fatality review local team. A local team must be created pursuant to this part 23.

(2) Two or more counties may agree to jointly establish a single multicounty team.

(3) Multicounty or multidistrict team members shall enter into a memorandum of understanding among the counties or districts regarding team membership, staffing, and operations.
C.R.S. § 25-3-116 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-116
25-3-116. Department recognition of national certification - suspension or revocation of r
Status: repealed

25-3-116. Department recognition of national certification - suspension or revocation of recognition. (1) A hospital that has an accreditation, certification, or designation in stroke or STEMI care from a nationally recognized accrediting body, including a certification as a comprehensive stroke center or primary stroke center by the joint commission or an accreditation as a STEMI receiving center or STEMI referral center by the American College of Cardiology Accreditation Services or its successor organization, may send information and supporting documentation to the department. The department shall make a hospital's national accreditation, certification, or designation available to the public in a manner determined by the department.

(2) The department shall deem a hospital that is currently accredited, certified, or designated by a nationally recognized accrediting body as satisfying the requirements for recognition and publication by the department. The department may suspend or revoke a recognition and publication of a hospital's accreditation, certification, or designation if the department determines, after notice and hearing in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., that the hospital no longer holds an active accreditation, certification, or designation from a nationally recognized certifying body.

(3) Whether a hospital attains a national accreditation, certification, or designation in stroke or STEMI care has no bearing on, or connection with, the licensing or certification of the hospital by the department pursuant to section 25-1.5-103 (1)(a).

(4) Repealed.
C.R.S. § 25-3.5-1105 — CO Code / Title 25 / Article 3.5 / Part 11 / Section 25-3.5-1105
25-3.5-1105. Investigation and discipline
Status: in_force

25-3.5-1105. Investigation and discipline. (1) The department may administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant records and documents to investigate alleged misconduct by registered emergency medical responders.

(2) Upon failure of a witness to comply with a subpoena, the department may apply to a district court for an order requiring the person to appear before the department or an administrative law judge, to produce the relevant records or documents, or to give testimony or evidence touching the matter under investigation or in question. When seeking an order, the department shall apply to the district court of the county in which the subpoenaed person resides or conducts business. The court may punish such failure as a contempt of court.

(3) A registered emergency medical responder, the employer of a registered emergency medical responder, or a physician shall report to the department any misconduct by a registered emergency medical responder that is known or reasonably believed by the person to have occurred.

(4) A person acting as a witness or consultant to the department, a witness testifying, and a person or employer who reports misconduct to the department under this section is immune from liability in any civil action brought for acts occurring while testifying, producing evidence, or reporting misconduct under this section if the individual or employer was acting in good faith and with a reasonable belief of the facts. A person or employer participating in good faith in an investigation or an administrative proceeding pursuant to this section is immune from any civil or criminal liability that may result from such participation.

(5) Records, documents, testimony, or evidence obtained under this section are confidential except to the extent necessary to support the administrative action taken by the department, to refer the matter to another regulatory agency, or to refer the matter to a law enforcement agency for criminal prosecution.
C.R.S. § 25-3.5-606 — CO Code / Title 25 / Article 3.5 / Part 6 / Section 25-3.5-606
25-3.5-606. Annual report
Status: in_force

25-3.5-606. Annual report. No later than January 1, 1991, and prior to November 1 of each year thereafter, the department, in cooperation with the council, shall submit a report to the health, environment, welfare, and institutions committees and the joint budget committee of the general assembly on the moneys credited to the emergency medical services account and on the expenditure of such moneys during the preceding fiscal year. Such report shall contain a listing of the grant recipients, proposed projects, and a statement of the short-term and long-term planning goals of the department and the council to further implement the provisions of this part 6.
C.R.S. § 25-20.5-802 — CO Code / Title 25 / Article 20.5 / Part 8 / Section 25-20.5-802
25-20.5-802. Repeal of part - sunset review
Status: repealed

25-20.5-802. Repeal of part - sunset review. This part 8 is repealed, effective September 1, 2028. Before the repeal, this part 8 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 25-10-112 — CO Code / Title 25 / Article 10 / Section 25-10-112
25-10-112. General prohibitions - rules
Status: in_force

25-10-112. General prohibitions - rules. (1) No city, county, or city and county shall issue to any person:

(a) A permit to construct or remodel a building or structure that is not serviced by a sewage treatment works until the local public health agency has issued a permit for an on-site wastewater treatment system; or

(b) A city, county, or city and county occupancy permit for the use of a building that is not serviced by a sewage treatment works until the local public health agency makes a final inspection of the on-site wastewater treatment system, as provided for in section 25-10-106 (1)(h), and the local public health agency approves the installation.

(2) Construction of new cesspools is prohibited.

(3) A person shall not connect more than one dwelling, commercial, business, institutional, or industrial unit to the same on-site wastewater treatment system unless such multiple connection was specified in the application submitted and in the permit issued for the system.

(4) No person shall construct or maintain any dwelling or other occupied structure that is not equipped with adequate facilities for the sanitary disposal of sewage.

(5) All persons shall dispose of septage removed from systems in the process of maintenance or cleaning at an approved site and in an approved manner under this article.
C.R.S. § 25-20.5-2202 — CO Code / Title 25 / Article 20.5 / Part 22 / Section 25-20.5-2202
25-20.5-2202. Healthy food incentives program - creation - nonprofit organization
Status: in_force

25-20.5-2202. Healthy food incentives program - creation - nonprofit organization. (1) There is created the healthy food incentives program in the department to be administered by the division.

(2) The division shall partner with a statewide nonprofit organization to provide healthy food incentives that benefit Colorado's low-income populations. The incentives provided pursuant to the healthy food incentives program must attempt to improve access to fresh Colorado-grown fruits and vegetables within Colorado's low-income communities.

(3) The statewide nonprofit organization selected by the division for the partnership described in subsection (2) of this section must have experience supporting programs that provide healthy food incentives, such as programs at local farmers' markets, and experience with coordinating healthy food programs and coordinating funding between local, state, and federal programs.

(4) In providing the program incentives, both the division and the nonprofit organization shall minimize administrative expenses. The division shall not use more than ten thousand dollars of, and the nonprofit organization shall not use more than five percent of, the amount appropriated for the program to pay for administrative expenses.
C.R.S. § 25-16-305 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-305
25-16-305. Remediation alternatives
Status: in_force

25-16-305. Remediation alternatives. (1) Remediation alternatives shall be based on the actual risk to human health and the environment currently posed by contaminants on the real property, considering the following factors:

(a) The present or proposed uses of the site;

(b) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels which exceed applicable promulgated state standards or, in the absence of such standards, which represent an unacceptable risk to human health or the environment;

(c) The potential risks associated with proposed clean-up alternatives and the economic and technical feasibility and reliability of such alternatives.
C.R.S. § 25-7-107 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-107
25-7-107. Commission - area classification
Status: in_force

25-7-107. Commission - area classification. (1) The commission shall, within one hundred eighty days after June 20, 1979, and thereafter from time to time, if evidence indicates a need, review the current classification of any attainment, nonattainment, or unclassifiable area within the state and shall revise the classification of any such area or part thereof which is calculated by air quality modeling or shown by monitored data or other reliable methods to be invalid.

(2) The commission shall, upon application by the owner or operator of any existing or proposed stationary source, review the designation of any attainment, nonattainment, or unclassifiable area within the state and shall revise the designation of any such area or part thereof which is calculated by air quality modeling or shown by monitored data or other reliable methods to be invalid.

(2.5) Whenever monitoring data for any pollutant for which an area is designated nonattainment demonstrate that the national ambient air quality standard for that pollutant has been attained in accordance with the criteria required under the federal act, the division and commission shall take expeditious action to redesignate the area as attainment for that pollutant.

(3) In making any determination regarding the attainment, nonattainment, or unclassifiable designation of any area within the state with regard to particulate matter, the commission shall consider and, if consistent with the requirements of Part D of the federal act, discount the effects of particulate matter not of a size or substance to adversely affect public health or welfare.

(4) All revisions of designations shall be submitted to the administrator of the United States environmental protection agency.
C.R.S. § 25-57-102 — CO Code / Title 25 / Article 57 / Section 25-57-102
25-57-102. Legislative declaration
Status: in_force

25-57-102. Legislative declaration. (1) The general assembly finds and declares that:

(a) Many Coloradans are conceived, or establish their families, through some form of assisted reproduction involving a third-party sperm, egg, or embryo provider, also known as a gamete "donor", whose identity is unknown to the family at the time of donation. The people conceived through assisted reproduction with a donor are referred to in this article 57 as "donor-conceived persons".

(b) The interests of donor-conceived persons must be considered and protected. Information about the personal and family medical history of the gamete donors used in conception can impact medical care for donor-conceived persons and their children, and non-identifying medical information about the gamete donor used in conception must be available to all donor-conceived persons and their parents.

(c) It is important to many, but not all, donor-conceived persons to know the identity of the gamete donor used in their conception. A donor-conceived person must have the ability to access identifying information about the gamete donor used in the donor-conceived person's conception on or after the donor-conceived person reaches eighteen years of age. Some donor-conceived persons are or may be interested in contact with the donor and among persons conceived and families established with the same donor who was unknown to the donor-conceived person's recipient parents at the time of donation. A limit on the number of families per donor per gamete agency, gamete bank, or fertility clinic furthers the ability of these donor-conceived persons to establish this contact.

(d) Studies have shown that family secrecy about family formation can negatively affect children and family relationships;

(e) Before using donated gametes, people who are considering using donated gametes to conceive children should have access to more information and resources about donor-conceived persons, including tools and resources for discussing donor conception with their children in ways that are age-appropriate and reflect the interests and lived experience of donor-conceived persons;

(f) Before donating gametes, gamete donors should have access to information and resources about the interests of donor-conceived persons and have clarity about the information that may be shared with recipient parents and donor-conceived persons; and

(g) Most gametes or embryos from donors that are provided to recipients located in Colorado are provided from gamete agencies, gamete banks, or fertility clinics located in other states.

(2) Therefore, the general assembly finds that to protect the health and welfare of donor-conceived persons and their families in Colorado, it is essential to enact the "Donor-conceived Persons and Families of Donor-conceived Persons Protection Act" to regulate the use of donated gametes provided from gamete agencies, gamete banks, or fertility clinics located inside or outside of Colorado to recipients in Colorado.
C.R.S. § 25-15-320 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-320
25-15-320. Environmental covenants - when required - waiver
Status: in_force

25-15-320. Environmental covenants - when required - waiver. (1) No environmental covenant shall be required for any environmental remediation project that results in residual contamination levels that have been determined by the relevant regulatory agency to be safe for all uses and that does not incorporate any engineered feature or structure or require any monitoring, maintenance, or operation.

(2) Except as specified in subsections (3) and (4) of this section, an environmental covenant under this part 3 shall be required for any environmental remediation project in which the relevant regulatory authority makes a remedial decision on or after July 1, 2001, that would result in either or both of the following:

(a) Residual contamination at levels that have been determined to be safe for one or more specific uses, but not all uses; or

(b) Incorporation of an engineered feature or structure that requires monitoring, maintenance, or operation or that will not function as intended if it is disturbed.

(3) The department may waive the requirement for an environmental covenant in the following circumstances:

(a) If the department determines that it is authorized under another statute or decision of the Colorado supreme court to implement and enforce environmental use restrictions against the present and subsequent owners of real property remediated pursuant to an environmental remediation project and implements environmental use restrictions under such statute or decision; or

(b) For a parcel of land involved in an environmental remediation project that is owned by any person who is not being required to remediate the contamination, and:

(I) The owner of any such parcel does not grant an environmental covenant under this section;

(II) The county, city and county, or municipality having jurisdiction over the affected land has enacted an ordinance or resolution imposing the relevant environmental use restrictions; and

(III) The county, city and county, or municipality having jurisdiction and the department have entered into an intergovernmental agreement for oversight and enforcement of the local ordinance or resolution pursuant to section 29-1-203, C.R.S. Such agreement shall be binding and mutually enforceable. The department shall have such authority as may be provided in the intergovernmental agreement to bring suit for injunctive relief to enforce any local ordinance or resolution described in this subsection (3), but only with respect to properties that are subject to the requirements of this section. Any intergovernmental agreement under this section shall require that, insofar as the local ordinance or resolution applies to properties that are subject to the requirements of this section, any amendments to the local ordinance or resolution shall incorporate such requirements as the department may recommend to ensure continued protection of human health and the environment.

(4) (a) When an environmental covenant is required under subsection (2) of this section, a restrictive notice may be substituted for the covenant as follows:

(I) An owner of a parcel of land involved in an environmental remediation project who is being required to remediate contamination may request that the department approve a proposed restrictive notice for such parcel or may request that the department issue a restrictive notice.

(II) The department may unilaterally issue a restrictive notice containing the provisions described in section 25-15-319 when an environmental covenant is required under subsection (2) of this section and the owner of the subject property fails to create a covenant or restrictive notice within thirty days after:

(A) The date of a remedial decision for an environmental remediation project that relies solely on environmental use restrictions to protect human health and the environment; or

(B) The completion of construction work for environmental remediation projects that require physical work.

(b) Prior to issuing a restrictive notice unilaterally under subparagraph (II) of paragraph (a) of this subsection (4), the department shall make a good-faith attempt to reach agreement with the owner of the subject property regarding a consensual covenant or notice.

(c) The department may not issue a restrictive notice for a parcel of land involved in an environmental remediation project that is owned by a person who is not being required to remediate the contamination, unless such person consents in writing.

(5) The department may accept environmental covenants or issue restrictive notices in cases where such covenants or notices are not required, including approvals of voluntary cleanup plans or petitions for no action determinations under sections 25-16-306 and 25-16-307, but the owner of the remediated land nonetheless desires to create such a covenant or requests that the department issue such a notice. A covenant or notice created under this subsection (5) may be enforced as any other covenant or notice.
C.R.S. § 25-7-1308 — CO Code / Title 25 / Article 7 / Part 13 / Section 25-7-1308
25-7-1308. Administrative and judicial review of commission actions
Status: in_force

25-7-1308. Administrative and judicial review of commission actions. (1) Prior to the formation of the commission, the adoption of the federal legislation contemplated in the intergovernmental agreement, and actual EPA delegation of federal "Clean Air Act" programs:

(a) The state, through the Colorado air quality control commission and the division, shall exercise civil and criminal enforcement jurisdiction over non-Indians on fee lands within reservation boundaries for violations of applicable air quality permits, laws, and regulations.

(b) Appeals of state air enforcement action and other air quality-related decisions may be brought in state court consistent with state law and regulation.

(c) The tribe shall exercise jurisdiction over Indians, on all lands within the boundaries of the reservation, and over non-Indians on trust land, for violations of applicable tribal air quality regulations.

(d) Nothing in this part 13 is intended to restrict, diminish, or define the jurisdiction of the EPA.

(2) Following the adoption of the federal legislation and the EPA delegation of federal "Clean Air Act" programs:

(a) The tribe shall exercise civil enforcement jurisdiction over all persons and air pollution sources on all lands within reservation boundaries for violations of the reservation air program, subject to administrative review by the commission; and

(b) Consistent with the federal legislation provided in the intergovernmental agreement, the general assembly intends that final decisions of the commission shall be subject to review in federal district court in accordance with the provisions of the federal "Administrative Procedure Act".

(3) Following the formation of the commission and the adoption of the federal legislation provided in the intergovernmental agreement, it is the intent of the general assembly that the EPA will exercise criminal enforcement jurisdiction over any persons on all lands within reservation boundaries for criminal violations of the reservation air program.
C.R.S. § 25-1.5-113.5 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-113.5
25-1.5-113.5. Behavioral health first aid training program - creation - appropriation - report
Status: repealed

25-1.5-113.5. Behavioral health first aid training program - creation - appropriation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Behavioral health first aid training program" means the behavioral health first aid training program created in subsection (2) of this section.

(b) "Candidate" means an individual who attends the behavioral health first aid training program to teach courses to adults and teens. Candidates may include, but are not limited to, educators and school staff; employees of community-based, youth-focused, or nonprofit organizations; employees of organizations that serve underserved populations; faith-based community members; law enforcement officers; first responders; and active duty or retired military personnel.

(c) "Department" means the department of public health and environment created and existing pursuant to section 25-1-102.

(d) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, a board of cooperative services created and operating pursuant to article 5 of title 22 that operates one or more public schools, or the Colorado school for the deaf and the blind.

(e) "Office of suicide prevention" or "office" means the office of suicide prevention in the department, established pursuant to section 25-1.5-101 (1)(w).

(f) "Organization" means an organization that applies to participate in the behavioral health first aid training program. Organizations may include local education providers, local public health agencies, community-based organizations, nonprofit organizations, organizations that serve underserved populations, faith-based organizations, law enforcement agencies, first responder organizations, and military forces.

(g) "Third-party entity" means a Colorado-based nonprofit organization that has experience implementing evidence-based behavioral health first aid training programs statewide.

(2) (a) The behavioral health first aid training program is created in the office of suicide prevention within the department. The purpose of the behavioral health first aid training program is to:

(I) Improve overall community climate and promote adult, teen, and youth behavioral health, mental health, and mental well-being;

(II) Train candidates to recognize the warning signs and symptoms of mental illness and substance use among adults, teens, and youth;

(III) Train candidates on how to respond to an adult, teen, or youth who is experiencing mental health or substance use challenges;

(IV) Train candidates on crisis intervention strategies and best practices;

(V) Prepare candidates to teach adults and teens how to recognize warning signs and symptoms of mental health and substance use challenges;

(VI) Prepare candidates to teach teens how to find a responsible and trusted adult for assistance when a peer is struggling with mental health or substance use challenges; and

(VII) Prepare candidates to teach adults how to respond to a teen or youth struggling with a mental health or substance use challenge or crisis.

(b) The behavioral health first aid training program must include train-the-trainer programs and associated curriculum to prepare candidates to teach certification training courses to:

(I) Teens who are fifteen years of age or older but under nineteen years of age on how to identify the signs and symptoms of mental health and substance use challenges, have conversations regarding mental health and substance use challenges, and seek the help of a responsible and trusted adult;

(II) Adults who regularly interact with youth who are twelve years of age or older but under nineteen years of age on how to identify, understand, and respond to signs of mental health and substance use challenges in youth who are twelve years of age or older but under nineteen years of age; and

(III) Adults on how to identify, understand, and respond to signs of mental health and substance use challenges in adults.

(3) The office shall contract with a third-party entity to administer and offer the behavioral health first aid training program to organizations.

(4) (a) The office shall promulgate rules for the behavioral health first aid training program, including criteria for establishing an application process for organizations to apply to the behavioral health first aid training program.

(b) The third-party entity shall create an application process and establish guidelines to administer the application process based on the rules promulgated pursuant to subsection (4)(a) of this section.

(c) In selecting organizations to participate in the behavioral health first aid training program, the third-party entity shall prioritize the organization's:

(I) Geographic diversity;

(II) Existing resources and infrastructure; and

(III) Plan to implement the behavioral health first aid training program and associated curriculum.

(d) Subject to available appropriations, the third-party entity shall offer the behavioral health first aid training program at no cost to selected organizations.

(e) The office and the third-party entity may collaborate with the department of education to offer mental health resources to local education providers.

(5) (a) The office shall use pre- and post-course surveys developed by a national mental and behavioral health organization to evaluate the effectiveness of the behavioral health first aid training program. The third-party entity shall administer the pre- and post-course surveys to collect evaluation data from organizations that participate in the behavioral health first aid training program. The third-party entity shall submit a report to the office summarizing the evaluation data and recommendations, if necessary, to improve the behavioral health first aid training program.

(b) The office shall summarize the report described in subsection (5)(a) of this section in the office's annual report to the general assembly pursuant to section 25-1.5-101 (1)(w)(III)(A).

(6) The office shall use at least fifty percent of the funds appropriated pursuant to subsection (7) of this section for behavioral health first aid trainings focused on youth, teens, and young adults.

(7) On July 1, 2024, and each July 1 thereafter, the general assembly shall appropriate two hundred fifty thousand dollars from the general fund to the department for the administration of this section. The department may pay costs related to the administration of this section from the appropriation made pursuant to this subsection (7).

(8) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(9) This section is repealed, effective September 1, 2033. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.
C.R.S. § 25-3.5-1103 — CO Code / Title 25 / Article 3.5 / Part 11 / Section 25-3.5-1103
25-3.5-1103. Registration - rules - funds
Status: in_force

25-3.5-1103. Registration - rules - funds. (1) On and after July 1, 2017, the department shall administer a voluntary registration program for emergency medical responders. A person shall not hold himself or herself out as a registered emergency medical responder, providing care or services as identified in national guidelines for emergency medical response as approved by the department, unless the person meets the requirements set forth in this part 11; except that a person may function as a good samaritan pursuant to section 13-21-116, C.R.S.

(2) The board shall adopt rules for the administration of the emergency medical responder registration program, which rules shall include, at a minimum, the following:

(a) Requirements for emergency medical responder registration, which include certification of the applicant through a nationally recognized emergency responder certification organization approved by the department;

(b) The period of time for which the registration as an emergency medical responder is valid;

(c) Registration renewal requirements;

(d) Training requirements for new and renewing registrants;

(e) Provisions governing national and state criminal history record checks for new and renewing registrants and the use of the results of the checks by the department to determine the action to take on a registration application. Notwithstanding section 24-5-101, C.R.S., these provisions must allow the department to consider whether the applicant has been convicted of a felony or misdemeanor involving moral turpitude and the pertinent circumstances connected with the conviction and to make a determination whether any such conviction disqualifies the applicant from registration.

(f) Disciplinary sanctions, which may include provisions for the denial, revocation, probation, and suspension, including summary suspension, of registration and of education program recognition; and

(g) An appeal process consistent with sections 24-4-104 and 24-4-105, C.R.S., that is applicable to department decisions in connection with sanctions.

(3) Rules promulgated by the department of public safety remain in effect until superceded by rules duly adopted pursuant to this part 11.

(4) (a) The department may issue a provisional registration to an applicant for registration as an emergency medical responder who requests issuance of a provisional registration and who pays a fee authorized under rules adopted by the board. A provisional registration is valid for not more than ninety days.

(b) The department may not issue a provisional registration unless the applicant satisfies the requirements for registration established in rules of the board. If the department finds that an emergency medical responder who has received a provisional registration has violated any requirements for registration, the department may revoke the provisional registration and prohibit the registration of the emergency medical responder.

(c) The department may issue a provisional registration to an applicant whose fingerprint-based criminal history record check has not yet been completed. The department shall require the applicant to submit to a name-based judicial record check prior to issuing a provisional registration.

(d) The board shall adopt rules as necessary to implement this subsection (4), including rules establishing a fee to be charged to applicants seeking a provisional registration. The department shall deposit any fee collected for a provisional registration in the emergency medical services account created in section 25-3.5-603.

(5) (a) The department shall acquire a fingerprint-based criminal history record check from the Colorado bureau of investigation to investigate the holder of or applicant for an emergency medical responder registration. The department may acquire a name-based judicial record check for a registrant or an applicant. Notwithstanding subsection (5)(b) of this section, if a person submitted to a fingerprint-based criminal history record check at the time of initial registration or registration renewal, the person is not required to submit to a subsequent fingerprint-based criminal history record check.

(b) If, at the time of application for registry or for renewal, an individual has lived in the state for three years or less, the department shall require the applicant to submit to a federal bureau of investigation fingerprint-based national criminal history record check; except that the department may acquire a national name-based judicial record check for an applicant. The department is the authorized agency to receive and disseminate information regarding the result of any national criminal history record check.

(c) When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (5) reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
C.R.S. § 25-4-205 — CO Code / Title 25 / Article 4 / Part 2 / Section 25-4-205
25-4-205. District attorneys to prosecute
Status: in_force

25-4-205. District attorneys to prosecute. The district attorneys in the several districts in the state shall prosecute for violation of this part 2 as for other crimes and misdemeanors.
C.R.S. § 25-16-104.5 — CO Code / Title 25 / Article 16 / Part 1 / Section 25-16-104.5
25-16-104.5. Solid waste user fee - imposed - rate - legislative declaration - rules - repeal
Status: repealed

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

(1) Repealed.

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

(1.7) (a) On or after July 1, 2010, the commission shall promulgate rules that establish a solid waste user fee upon each person disposing of solid waste at an attended solid waste disposal site. The operator of the site at the time of disposal shall collect the fee from waste producers or other persons disposing of solid waste. The effective date and amount of the fee shall be set by rule of the commission, and the amount shall be sufficient to offset:

(I) The department's direct and indirect costs associated with implementation of the solid waste management program under section 30-20-101.5, C.R.S.;

(II) The department's direct and indirect costs for the implementation of its responsibilities under the federal act, as described in this part 1, and to provide matching funds and cover future maintenance costs pursuant to section 25-16-103; and

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

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

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

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

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

(2) (a) Repealed.

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

(b) At the end of each fiscal year, the state treasurer shall transfer any moneys in the solid waste management fund created in section 30-20-118, C.R.S., that exceed sixteen and one-half percent of the moneys expended from such fund during the fiscal year to the hazardous substance response fund created in section 25-16-104.6.

(3) to (3.7) Repealed.

(3.9) (a) Beginning July 1, 2024, and subject to subsection (1.5) of this section, in addition to any other user fee imposed by this section, on or after July 1, 2007, there is imposed a user fee to fund the Colorado circular communities enterprise created in section 25-16.5-109 (3)(a). The operator of an attended solid waste disposal site located outside of the front range, including sites located in the counties of Custer, Fremont, Morgan, and Otero, unless modified pursuant to subsection (3.9)(c)(II) of this section, shall collect the fee at the time of disposal. The fee shall be imposed and passed through to waste producers and other persons disposing of waste at the following rate or at an equivalent rate established by the commission:

(I) Two cents per load transported by a motor vehicle that is commonly used for the noncommercial transport of persons over public highways;

(II) Four cents per load transported by a truck, as defined in section 42-1-102 (108), that is commonly used for the noncommercial transport of persons and property over the public highways; and

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

(b) Beginning July 1, 2024, any user fee collected by the operator of a solid waste disposal site or facility pursuant to subsection (3.9)(a) of this section shall be transmitted by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit one hundred percent of the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4), to fund the Colorado circular communities enterprise pursuant to section 25-16.5-109.

(c) (I) Subject to subsections (1.5) and (3.9)(c)(II) of this section, in addition to any other user fee imposed by this section, on or after September 1, 2019, there is imposed a user fee to finance the Colorado circular communities enterprise created in section 25-16.5-109. At the time of disposal, the operator of an attended solid waste disposal site located in the front range shall collect the fee, which may be passed through to waste producers and other persons disposing of waste, in an amount per cubic yard per load transported by any commercial vehicle, or by other vehicle not included in the vehicles described in subsection (3.9)(a)(I) or (3.9)(a)(II) of this section, as set forth in the following schedule:

(A) On and after July 1, 2024, but before January 1, 2025, seventy-four cents per cubic yard per load, which is equivalent to two dollars and forty-seven cents per ton; and

(B) On and after January 1, 2025, seventy-eight cents per cubic yard per load, which is equivalent to two dollars and sixty cents per ton.

(II) Solid waste disposal sites or facilities located in the county of Custer, Fremont, Morgan, or Otero shall collect the fee specified in this subsection (3.9)(c) on loads that originate from the front range.

(III) Beginning July 1, 2024, an operator of a solid waste disposal site or facility subject to this subsection (3.9)(c) shall transmit the user fee collected pursuant to this subsection (3.9)(c) by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit it to the Colorado circular communities cash fund created in section 25-16.5-109 (4) to finance the Colorado circular communities enterprise pursuant to section 25-16.5-109.

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

(c.5) As used in this subsection (3.9), "front range" means the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver.

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

(4) The department shall credit an amount equal to two and one-half percent of the money collected as fees by a solid waste disposal site or facility in order to defray the costs of such collection.

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

(6) and (7) Repealed.
C.R.S. § 25-16-201 — CO Code / Title 25 / Article 16 / Part 2 / Section 25-16-201
25-16-201. CERCLA recovery fund - creation - repeal of subsection
Status: repealed

25-16-201. CERCLA recovery fund - creation - repeal of subsection. (Repealed)
C.R.S. § 25-2-112.5 — CO Code / Title 25 / Article 2 / Section 25-2-112.5
25-2-112.5. Social security account numbers - acknowledgments of paternity - to be furnished
Status: in_force

25-2-112.5. Social security account numbers - acknowledgments of paternity - to be furnished. (1) Regardless of the marital status of the mother, each parent shall furnish the social security account number or numbers, if the parent has more than one such number, issued to that parent, and the other parent's social security account number, if known, at the time of the child's birth to the person authorized under section 25-2-112 to obtain them for the state registrar, unless the state, in accordance with federal regulations, finds good cause for not requiring the parent to furnish such numbers to the state.

(2) The department of public health and environment shall make the birth certificate, the mother's and father's social security account numbers, and any written acknowledgments of paternity, including any notarized affidavits acknowledging paternity and any witnessed forms prescribed and furnished by the state registrar, furnished under this section and section 25-2-112 available to the state agency responsible for enforcing child support under Title IV-D of the federal "Social Security Act" upon request of that agency. The social security account numbers shall not be recorded on the birth certificate and may not be used for any purpose other than for the establishment and enforcement of child support orders.
C.R.S. § 25-56-104.5 — CO Code / Title 25 / Article 56 / Section 25-56-104.5
25-56-104.5. Prohibition on discrimination for organ transplants based solely on natural medi
Status: in_force

25-56-104.5. Prohibition on discrimination for organ transplants based solely on natural medicine consumption - applicability - definitions. (1) This article 56 applies to all stages of the organ transplant process.

(2) A covered entity shall not, solely on the basis of a person's consumption of natural medicine or natural medicine product:

(a) Consider the individual ineligible to receive an anatomical gift or organ transplant;

(b) Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services;

(c) Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;

(d) Refuse to place a qualified recipient on an organ transplant waiting list; or

(e) Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the person would have been placed if the person did not consume natural medicine or natural medicine product.

(3) Notwithstanding subsection (2) of this section, a covered entity may take a person's consumption of natural medicine or natural medicine product into account when making treatment or coverage recommendations or decisions, solely to the extent that the natural medicine or natural medicine product consumption has been found by a physician or surgeon, following an individualized evaluation of the person, to be medically significant to the provision of the anatomical gift or organ transplant.

(4) A covered entity shall:

(a) Make reasonable modifications to its policies, practices, and procedures to allow a person who consumes natural medicine or natural medicine product access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity demonstrates that making such modifications would fundamentally alter the nature of the services provided; and

(b) Take reasonable and necessary steps to ensure that a person's consumption of natural medicine or natural medicine product is not the reason the person is denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking such steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.

(5) Nothing in this article 56 requires a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.

(6) As used in this section:

(a) "Natural medicine" has the same meaning as set forth in section 44-50-103 (13).

(b) "Natural medicine product" has the same meaning as set forth in section 44-50-103 (15).
C.R.S. § 25-4-1811 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1811
25-4-1811. Disciplinary actions - denial of certification
Status: in_force

25-4-1811. Disciplinary actions - denial of certification. (1) The department, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any certification authorized under this part 18 if the applicant or certificated person has:

(a) Refused or failed to comply with any provision of this part 18, any rule adopted under this part 18, or any lawful order of the department;

(b) Had an equivalent certification denied, revoked, or suspended by any authority;

(c) Refused to provide the department with reasonable, complete, and accurate information when requested by the department; or

(d) Falsified any information requested by the department.

(2) In any proceeding held under this section, the department may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a dealer in another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
C.R.S. § 25-27.6-103 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-103
25-27.6-103. Behavioral health entity implementation and advisory committee - creation - memb
Status: repealed

25-27.6-103. Behavioral health entity implementation and advisory committee - creation - membership - duties - repeal. (1) There is established in the department the behavioral health entity implementation and advisory committee, referred to in this section as the "committee". The committee shall:

(a) Offer advice to the department and the state board concerning the phased-in implementation of the behavioral health entity license, rules promulgated by the state board pursuant to this article 27.6, and implementation of the behavioral health entity licensing transition;

(b) Provide ongoing advice to the department regarding behavioral health entities and behavioral health entity licensing; and

(c) Identify a coordinated and aligned process of sharing information across state departments to ensure behavioral health services are available to all residents of Colorado.

(2) (a) The committee consists of:

(I) The executive directors of the departments of public health and environment, human services, health care policy and financing, and public safety or their designees; and

(II) The following members to be appointed by the executive director of the department of public health and environment:

(A) One member that represents crisis stabilization units or acute treatment units;

(B) One member that represents community mental health centers;

(C) One member that represents a mental health provider that is not a community mental health center;

(D) One member that represents a provider of substance use disorder treatment and recovery services that is not a community health center;

(E) One member that represents a provider of substance use disorder withdrawal management services that is not a community health center;

(F) One member that represents a provider of substance use disorder services that meets the definition of behavioral health entity in section 25-27.6-102 (6) but has not been subject to licensure by the department;

(G) One member that represents a substance use treatment provider from a rural or frontier county;

(H) One member who is a consumer who has experience living with a substance use disorder;

(I) One member that represents behavioral health consumers;

(J) One member that represents family members of persons with a behavioral health disorder; and

(K) One member from an advocacy organization that represents behavioral health consumers.

(b) In making the appointments pursuant to subsection (2)(a)(II) of this section, the executive director shall consider the geographic diversity of the state.

(3) The executive directors shall agree to serve or make their designations no later than September 1, 2019. The executive director of the department of public health and environment shall make his or her initial appointments by October 1, 2019. In case of a vacancy, an executive director shall agree to serve or make a designation, and the executive director of the department of public health and environment shall make the replacement appointment as soon as practicable.

(4) Members of the committee serve on a voluntary basis and serve without compensation; except that members are reimbursed for the actual and reasonable expenses incurred while performing their duties.

(5) This section is repealed, effective September 1, 2025. Before the repeal, the committee is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 25-15-325 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-325
25-15-325. Other interests not impaired
Status: in_force

25-15-325. Other interests not impaired. Except as specifically provided in an environmental covenant or restrictive notice or pursuant to section 25-15-326, no transfer of a water right or any change of a point of diversion at any time, nor any interest in real property cognizable under statute, common law, or custom in effect in this state prior to July 1, 2001, nor any lease or sublease thereof at any time shall be impaired, invalidated, or in any way adversely affected by sections 25-15-317 to 25-15-326. All interests not transferred or conveyed in the environmental covenant shall remain in the grantor of the environmental covenant, including the right to engage in all uses of the lands affected by the environmental covenant that are not inconsistent with the environmental covenant and not expressly prohibited by the environmental covenant or by law.
C.R.S. § 25-5-419 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-419
25-5-419. Packaging and labeling of consumer commodities
Status: in_force

25-5-419. Packaging and labeling of consumer commodities. (1) All labels of consumer commodities, as defined in section 25-5-402 (4), shall conform with the requirements for the declaration of net quantity of contents of the federal "Fair Packaging and Labeling Act" (15 U.S.C. sec. 1453) and the regulations promulgated pursuant thereto; but consumer commodities exempted from such requirements of the federal "Fair Packaging and Labeling Act" (15 U.S.C. secs. 1451-1461) shall also be exempt from this subsection (1).

(2) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving.

(3) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (1) of this section, but nothing in this subsection (3) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; but such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

(4) (a) Whenever the department determines that regulations containing prohibitions or requirements other than those prescribed by subsection (1) of this section are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the department shall promulgate with respect to that commodity regulations effective to:

(I) Establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such consumer commodity, but this subparagraph (I) shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any consumer commodity;

(II) Regulate the placement upon any package containing any consumer commodity, or upon any label affixed to such consumer commodity, of any printed matter stating or representing by implication that such consumer commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;

(III) Require that the label on each package of a consumer commodity bear the common or usual name of such consumer commodity, if any, and, in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, and, with respect to any confectionery containing alcohol in excess of one-half of one percent by volume, but within the limits prescribed by section 25-5-410 (1)(i)(II), a statement that the content of alcohol does not exceed six and twenty-five hundredths percent by volume or five percent by weight, and that the product is unlawful for any person under twenty-one years of age, but nothing in this subparagraph (III) shall be deemed to require that any trade secret be divulged; or

(IV) Prevent the nonfunctional slack-fill of packages containing consumer commodities.

(b) For the purposes of subparagraph (IV) of paragraph (a) of this subsection (4), a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than protection of the contents of such package or the requirements of machines used for enclosing the contents in such package; except that the department may adopt any regulations promulgated pursuant to the federal "Fair Packaging and Labeling Act" (15 U.S.C. secs. 1451-1461) which shall have the force and effect of law in this state.
C.R.S. § 25-12-104 — CO Code / Title 25 / Article 12 / Section 25-12-104
25-12-104. Action to abate
Status: in_force

25-12-104. Action to abate. Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section 34-32.5-103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article.
C.R.S. § 25-3.5-207 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-207
25-3.5-207. Ability of certified or licensed emergency medical service providers to work in
Status: in_force

25-3.5-207. Ability of certified or licensed emergency medical service providers to work in clinical settings - restrictions - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Clinical setting" means a health facility licensed or certified by the department pursuant to section 25-1.5-103 (1)(a).

(b) "In-scope tasks and procedures" means tasks and procedures performed by an emergency medical service provider within the emergency medical service provider's scope of practice.

(c) "Interfacility transport" means the movement of a patient from one licensed health-care facility to another licensed health-care facility.

(d) "Medical supervision" means the oversight, guidance, and instructions that a medical supervisor provides to an emergency medical service provider.

(e) "Medical supervisor" means a Colorado-licensed physician, physician assistant, advanced practice registered nurse, registered nurse, or certified midwife.

(f) "Scope of practice" means the tasks, medications, and procedures that an emergency medical service provider is authorized to perform or administer in accordance with sections 25-3.5-203 and 25-3.5-206 and rules promulgated pursuant to those sections.

(2) In accordance with the limitations contained in this article 3.5, an emergency medical service provider may work in a clinical setting subject to the following conditions:

(a) The emergency medical service provider may perform only tasks and procedures that are within the emergency medical service provider's applicable scope of practice;

(b) The emergency medical service provider shall perform in-scope tasks and procedures pursuant to orders or instructions from, and under the medical supervision of, a medical supervisor;

(c) Medical supervision must be provided by a medical supervisor who is immediately available and physically present at the clinical setting where the care is being delivered to provide oversight, guidance, or instruction to the emergency medical service provider during the emergency medical service provider's performance of in-scope tasks and procedures;

(d) The medical supervisor of the emergency medical service provider must be licensed in good standing; and

(e) Each clinical setting at which an emergency medical service provider performs in-scope tasks and procedures pursuant to this section shall, in collaboration with its medical staff, establish operating policies and procedures that ensure that emergency medical service providers perform tasks and procedures and administer medications within their scope of practice.

(3) Nothing in this section alters the authority of a physician or registered nurse in a clinical setting to delegate acts, including the administration of medications, that are outside of an emergency medical service provider's scope of practice pursuant to section 12-240-107 or 12-255-131, as appropriate.

(4) The board may promulgate rules as necessary to implement this section.
C.R.S. § 25-1-802 — CO Code / Title 25 / Article 1 / Part 8 / Section 25-1-802
25-1-802. Patient records in custody of individual health-care providers
Status: in_force

25-1-802. Patient records in custody of individual health-care providers. (1) (a) Every patient record in the custody of a podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, certified midwife, optometrist, occupational therapist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12; a naturopathic doctor required to be registered pursuant to article 250 of title 12; or a person practicing psychotherapy under article 245 of title 12, except records withheld in accordance with 45 CFR 164.524 (a), must be available to the patient or the patient's personal representative upon submission of a valid authorization for inspection of records, dated and signed by the patient, at reasonable times and upon reasonable notice. A summary of records pertaining to a patient's mental health problems may, upon written request accompanied by a signed and dated authorization, be made available to the patient or the patient's personal representative following termination of the treatment program.

(b) (I) (A) A copy of the records, including radiographic studies, must be made available to the patient or the patient's personal representative, upon request and payment of the fee a covered entity may impose in accordance with the "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, or to a third person who requests the medical records upon submission of a HIPAA-compliant authorization, a valid subpoena, or a court order, and payment of reasonable fees.

(B) The health-care provider must provide the medical records in electronic format if the person requests electronic format, the original medical records are stored in electronic format, and the medical records are readily producible in electronic format.

(II) If a licensed health-care professional determines that a copy of a radiographic study, including an X ray, mammogram, CT scan, MRI, or other film, is not sufficient for diagnostic or other treatment purposes, the podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, certified midwife, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, or, subject to the provisions of section 25-1-801 (1)(a) and subsection (1)(a) of this section, the person practicing psychotherapy under article 245 of title 12, shall make the original of any radiographic study available to the patient, the patient's personal representative, a person authorized by the patient, or another health-care professional or facility as specifically directed by the patient, personal representative, authorized person, or health-care professional or facility pursuant to a HIPAA-compliant authorization and upon the payment of the reasonable fees for the radiographic study. If a practitioner releases an original radiographic study pursuant to this subsection (1)(b)(II), the practitioner is not responsible for any loss, damage, or other consequences as a result of the release. Any original radiographic study made available pursuant to this subsection (1)(b)(II) must be returned upon request to the lending practitioner within thirty days.

(2) Nothing in this section requires a person responsible for the diagnosis or treatment of sexually transmitted infections, substance use disorders, or the use of drugs in the case of minors pursuant to sections 13-22-102 and 25-4-409 to release patient records of such diagnosis or treatment to a parent, guardian, or person other than the minor or his or her designated representative.

(3) For purposes of this section, "patient record" does not include a doctor's office notes.

(4) All requests by a patient or the patient's personal representative for inspection of his or her medical records made under this section shall be noted with the time and date of the request and the time and date of inspection noted by the health-care provider or his or her designated representative. The patient or the patient's personal representative shall acknowledge the inspection by dating and signing the record file. A health-care provider shall not charge a fee for the inspection of medical records.

(5) For the purposes of this section, medical information transmitted during the delivery of health care via telemedicine, as defined in section 12-240-104 (6), is part of the patient's medical record maintained by a health-care provider.
C.R.S. § 25-15-402.5 — CO Code / Title 25 / Article 15 / Part 4 / Section 25-15-402.5
25-15-402.5. Disposition of fetal tissue
Status: in_force

25-15-402.5. Disposition of fetal tissue. (1) As used in this section, unless the context otherwise requires, "fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(2) Nothing in this part 4 shall be deemed to prohibit the treatment of the remains from a fetal death pursuant to article 135 of title 12.
C.R.S. § 25-1-1302 — CO Code / Title 25 / Article 1 / Part 13 / Section 25-1-1302
25-1-1302. Legislative declaration
Status: in_force

25-1-1302. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) As the United States and other countries take action to address issues related to climate change, Colorado faces important policy choices.

(b) Emerging technologies and markets related to climate change promise significant economic opportunities for the state, particularly for agriculture and rural economies.

(c) The general assembly enacts the "Colorado Climate Change Markets Act" for the purpose of positioning Colorado at the forefront of emerging markets related to climate change and helping affected industries and economies benefit from these opportunities.
C.R.S. § 25-15-220 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-220
25-15-220. Effect of 1983 amendments
Status: repealed

25-15-220. Effect of 1983 amendments. (Repealed)
C.R.S. § 25-20.5-406 — CO Code / Title 25 / Article 20.5 / Part 4 / Section 25-20.5-406
25-20.5-406. State review team - creation - membership - vacancies
Status: repealed

25-20.5-406. State review team - creation - membership - vacancies. (1) There is hereby created the Colorado state child fatality prevention review team in the department of public health and environment.

(2) (a) The governor shall appoint eighteen voting members of the state review team specified in this subsection (2)(a) as follows:

(I) Two members who represent the county sheriffs within the state, one of whom represents a rural area of the state;

(II) Two members who represent the county coroners within the state;

(III) Two members who represent peace officers within the state who specialize in crimes against children;

(IV) Two members who represent the district attorneys within the state, one of whom represents a rural area of the state;

(V) Six members who represent members of the medical profession within the state who specialize in traumatic injury or children's health, including four physicians and two nurses;

(VI) One member who represents local fire department employees within the state;

(VII) One member who represents county attorneys within the state who practice in the area of dependency and neglect;

(VIII) One member who represents county commissioners within the state; and

(IX) One member who represents the office of Colorado's child protection ombudsman.

(b) The executive director of the department of human services shall appoint six voting members, as follows:

(I) Two members who represent the unit within the department of human services that is responsible for child welfare;

(II) Repealed.

(III) Two members who represent the behavioral health administration in the department of human services;

(IV) One member who represents the division of youth services; and

(V) One member who represents the directors of county departments of human or social services.

(c) The executive director of the department of public health and environment shall appoint eight voting members who represent the department of public health and environment, one of whom represents county or district public health agencies.

(d) The commissioner of education shall appoint one voting member who represents the department of education.

(e) The executive director of the department of public safety shall appoint one voting member who represents the department of public safety.

(f) A member of the department of public health and environment shall call a preliminary meeting of the members of the state review team specified in paragraphs (a) to (e) of this subsection (2), and the voting members appointed pursuant to said paragraphs may, by a majority vote, select an additional twelve nonvoting members of the state review team as follows:

(I) Four members who represent injury prevention or safety specialists from hospitals within the state;

(II) One member who represents organizations specializing in auto safety or driver safety within the state;

(III) One member who represents sudden infant death specialists within the state;

(IV) One member who represents the state network of child advocacy centers within the state;

(V) One member who represents a state domestic violence coalition;

(VI) One member who represents the court-appointed special advocate program directors, described in section 19-1-203, C.R.S., within the state;

(VII) One member who represents the office of the child's representative, established in section 13-91-104, C.R.S.;

(VIII) One member who represents a private out-of-home placement provider; and

(IX) One member of the community with experience in childhood death.

(3) Members shall be appointed for three-year terms and shall be eligible for reappointment upon the expiration of the terms. Vacancies in the appointed membership shall be filled by the appointing entity.