C.R.S. § 25-7-411 — CO Code / Title 25 / Article 7 / Part 4 / Section 25-7-411
25-7-411. Legislative declaration
Status: in_force

25-7-411. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that air pollution in the state of Colorado is a threat to the health and welfare of its citizens and that a major contributor to said pollution is wood smoke, which accounts for twenty-five to forty percent of the brown cloud, fifteen to thirty percent of small particulate matter, hereafter referred to as PM 10, up to ten percent of carbon monoxide, and a portion of toxic, cancer-causing chemicals.

(2) The general assembly further finds, determines, and declares that PM 10 particulates created by wood burning threaten the public health in that said particulates are so small that they lodge in persons' lungs and inhibit the body's pulmonary function. Such pollutant is particularly damaging to persons with lung disease, cardiovascular disease, and chronic upper respiratory conditions, to the very young and elderly, and to pregnant women. The brown cloud is a threat to the economic health of the state because it discourages businesses and tourists from coming to Colorado. Wood burning is one of the most easily controllable sources of air pollution. New technologies can dramatically reduce pollution caused by wood burning. In addition, the reduction of wood burning can reduce the amount of fine particulate emissions into the air.

(3) Therefore, the general assembly finds that it is necessary to implement a plan to further reduce wood smoke emissions in the AIR program area and, therefore, enacts sections 25-7-411 to 25-7-413 to encourage and promote the reduction of wood-burning devices and the use of less polluting devices by taking advantage of new technology.
C.R.S. § 25-4-506 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-506
25-4-506. Investigation and examination of suspected or known tuberculosis cases
Status: in_force

25-4-506. Investigation and examination of suspected or known tuberculosis cases. (1) The state chief medical officer and all local health officers are directed to use every available means to investigate immediately and ascertain the existence of all reported or suspected cases of active tuberculosis within the health officer's jurisdiction, to determine the sources of such infections, and to identify and evaluate the contacts of such cases and offer treatment as appropriate. In carrying out such investigations, such health officer is invested with full powers of inspection and examination of all persons known to be infected with active tuberculosis and is directed to make or cause to be made such examinations as are deemed necessary of persons who, on reasonable grounds, are suspected of having active tuberculosis in an infectious form.

(2) Whenever a health officer determines on reasonable grounds that an examination of any person is necessary for the preservation and protection of the public health, the health officer shall issue a written order directing medical examination, setting forth the name of the person to be examined, the time and place of the examination, and such other terms and conditions as the health officer may deem necessary. A copy of such order shall be served upon the person. Such an examination may be made by a licensed physician or advanced practice registered nurse of the person's own choice under such terms and conditions as the health officer shall specify.

(3) Any person who depends exclusively on prayer for healing in accordance with the teachings of any well-recognized religious sect, denomination, or organization, and claims exemptions on such grounds, shall nevertheless be subject to examination, and the provisions of this part 5 regarding compulsory reporting of communicable diseases and isolations shall apply where there is probable cause to suspect that such person has active tuberculosis. Such person shall not be required to submit to any medical treatment or to go to or be confined in a hospital or other medical institution if the person can safely be isolated in the person's own home or other suitable place of the person's choice.

(4) A health officer may conduct screening programs of populations that are at increased risk of developing tuberculosis or having latent tuberculosis infection and offer treatment as appropriate. Such screening programs may be implemented by a local health officer with the approval of the state chief medical officer.
C.R.S. § 25-8-205.8 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205.8
25-8-205.8. Control regulations for reuse of reclaimed domestic wastewater - toilet flushing
Status: in_force

25-8-205.8. Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Category 1 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and total suspended solids standards promulgated by the commission for category 1 water.

(b) "Category 2 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 2 water.

(c) "Category 3 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 3 water.

(d) "E. coli" means the Escherichia coli bacteria that are found in the environment, foods, and intestines of people and animals.

(e) (I) "Food crop" means a crop produced for direct human consumption or a tree that produces nuts or fruit intended for direct human consumption.

(II) "Food crop" does not include a crop produced for animal consumption only; except that a crop produced where lactating dairy animals forage is a food crop.

(f) "Point of compliance" means, except as provided in subsection (1.5) of this section, a point, as identified by the person that treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(1.5) With regard to reclaimed domestic wastewater used for indoor nonpotable uses within a building where the general public can access the plumbing fixtures that are used to deliver the reclaimed domestic wastewater, the commission may promulgate rules to require a point of compliance for disinfection residual, which rules must:

(a) Be based on a determination that the additional point of compliance would protect public health; and

(b) Establish a point of compliance for disinfection residual at a single location between where reclaimed domestic wastewater is delivered to the occupied premises and before the water is distributed for use in the occupied premises.

(2) Reclaimed domestic wastewater may be used as follows:

(a) In compliance with the category 1 standard, for:

(I) Evaporative industrial processes;

(II) Nonevaporative industrial processes;

(III) Nondischarging construction and road maintenance;

(IV) Landscape irrigation at sites with restricted access;

(V) Zoo operations;

(VI) Irrigation of crops that are not food crops; and

(VII) Silviculture;

(b) In compliance with the category 2 standard, for:

(I) All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard;

(II) Washwater applications;

(III) Landscape irrigation at sites without restricted access;

(IV) Commercial laundries;

(V) Automated vehicle washing;

(VI) Manual, nonpublic vehicle washing; and

(VII) Nonresidential fire protection;

(c) In compliance with the category 3 standard, for:

(I) All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard and the category 2 standard;

(II) Landscape irrigation at sites that are controlled by residents;

(III) Residential fire protection; and

(IV) Toilet and urinal flushing in:

(A) Multifamily residential structures, only if the toilet and urinal installations are conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.

(B) Nonresidential structures, only if the toilet and urinal installations are conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.

(3) (a) (I) On or before December 31, 2019, and except as provided in subsection (3)(a)(II) of this section, the commission may promulgate rules in accordance with this section.

(II) Notwithstanding subsection (3)(a)(I) of this section, the state plumbing board shall promulgate rules governing the installation and inspection of toilet and urinal systems and structures for which reclaimed domestic wastewater is used pursuant to subsection (2)(c)(IV) of this section.

(b) In promulgating rules in accordance with this section, the commission:

(I) May create new categories of water quality standards beyond the three categories set forth in this section; and

(II) May recategorize any of the uses set forth in subsection (2) of this section to a less stringent category of water quality standard.

(c) The commission, by rule, may authorize additional uses of reclaimed domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d) The commission may promulgate rules more stringent than the standards and categories set forth in subsection (2) of this section only if the commission:

(I) Determines that the standards and categories set forth in subsection (2) of this section are not protective of public health; and

(II) Identifies:

(A) A documented incident of microbial disease that the commission determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B) A peer-reviewed published article that identifies a potential public health risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(4) Following a public stakeholders process, the water quality control division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(5) In addition to the relief available under section 25-8-205 (6), the division may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (3) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(6) Use of reclaimed domestic wastewater is allowed only in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.
C.R.S. § 25-7-114.3 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-114.3
25-7-114.3. Operating permits required for emission of pollutants
Status: in_force

25-7-114.3. Operating permits required for emission of pollutants. (1) No person shall operate any of the following sources without first obtaining a renewable operating permit from the division for such source in a manner consistent with the requirements of this article and the federal act:

(a) Any affected source;

(b) Any major source;

(c) Any source required to comply with standards of performance for new stationary sources under section 111 of the federal act, unless otherwise exempted from permitting requirements pursuant to federal rules adopted in accordance with section 502 of the federal act;

(d) Any source subject to emission standards or regulations for hazardous air pollutants under section 112 of the federal act, unless otherwise exempted from federal permitting requirements pursuant to federal rules adopted in accordance with section 502 of the federal act;

(e) Any source required to have a permit pursuant to part 2 (prevention of significant deterioration program) or part 3 (attainment program) of this article, or Part C (prevention of significant deterioration of air quality) or Part D (plan requirements for nonattainment area) of subchapter I of the federal act;

(f) Any other source designated under federal law as requiring an operating permit.

(2) For those sources located in the state and participating in the federal early reductions program as specified in section 112 (i)(5) of the federal act, or the United States environmental protection agency's 33/50 program, or the state early reductions program as set forth in subsection (3) of this section, or any of such programs, the commission and division shall establish a system to credit emission permit fees to be established pursuant to sections 25-7-114.6 and 25-7-114.7 and to be assessed against such sources at a ratio of at least two-for-one for every ton of emissions reduced pursuant to the federal early reductions program, the United States environmental protection agency's 33/50 program, or the state early reductions program. A participating source shall be offered a one-time permit fee credit of two tons for each corresponding ton of its reduced emissions that are verified by the division. The permit fee credit shall be available in the year following the year in which the early reduction in emissions is achieved.

(3) The commission shall adopt the federal early reductions program specified in section 112 (i)(5) of the federal act and promulgate a state early reductions program which shall include the following elements:

(a) The state early reductions program shall be consistent with the federal early reductions program; and

(b) A six-year extension of compliance for existing sources with emission standards promulgated pursuant to section 112 (d) of the federal act if the source has achieved an emission reduction of ninety percent or more of hazardous air pollutants (ninety-five percent or more for hazardous air pollutants which are particulates); and

(c) If a source is granted a compliance extension, an alternative limitation to be established by permit to ensure continued achievement of the emission reduction; and

(d) Sources subject to and in compliance with an enforceable commitment under the federal and state early reductions programs shall be considered in compliance with all state regulations and requirements for hazardous air pollutants for the period of such commitment.

(4) For affected sources under Title V of the federal act:

(a) Operating permits and requirements for permit applications, compliance plans, and monitoring and reporting requirements shall be consistent with the provisions of Title IV as well as Title V of the federal act;

(b) In order to ensure reliability of electric power, nothing in the requirements pertaining to renewable operating permits required by this article shall be construed as requiring termination of operations of an electric utility steam generating unit for failure to have an approved permit or compliance plan;

(c) Nothing in this article shall be construed as affecting SO2 allowances given to sources affected under Title IV of the federal act.
C.R.S. § 25-11-303 — CO Code / Title 25 / Article 11 / Part 3 / Section 25-11-303
25-11-303. Authorization to participate - implementation
Status: repealed

25-11-303. Authorization to participate - implementation. (1) The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978", and for such purpose the department has the authority to:

(a) Enter into cooperative agreements with the secretary of energy to perform remedial actions at processing sites designated by the secretary;

(b) Obtain written consent from the record owner of a designated processing site to perform remedial actions at such site;

(c) Provide for reimbursement for the actual cost of any remedial action in accordance with the terms of Public Law 95-604;

(d) Repealed.

(e) Participate in the selection and performance of remedial actions in which the state pays a portion of the cost;

(f) Participate in the following activities for which the state may pay any portion or all of the costs:

(I) Land annotation and information gathering, identification, removal, and disposal of tailing deposits associated with mill sites designated for cleanup pursuant to public law 95-604 that remain outside of the disposal cells constructed for remedial purposes pursuant to the federal "Uranium Mill Tailings Radiation Control Act of 1978"; and

(II) The groundwater restoration phase of the federal "Uranium Mill Tailings Radiation Control Act of 1978".
C.R.S. § 25-20.5-305 — CO Code / Title 25 / Article 20.5 / Part 3 / Section 25-20.5-305
25-20.5-305. Evaluation
Status: in_force

25-20.5-305. Evaluation. Commencing with the 2006-07 fiscal year, and each fiscal year thereafter, the state board shall select a grant recipient to evaluate the effectiveness of the program and the health disparities and community grant program established pursuant to part 22 of article 4 of this title 25. Costs for the evaluation shall be adequately funded from the amount annually appropriated by the general assembly to the division from the prevention, early detection, and treatment fund.
C.R.S. § 25-4-710 — CO Code / Title 25 / Article 4 / Part 7 / Section 25-4-710
25-4-710. Right of entry - inspections
Status: in_force

25-4-710. Right of entry - inspections. It is lawful for any employee of the department, any employee of any county, district, or municipal public health agency or animal control agency authorized by the department, or any authorized official of the United States department of agriculture when conducting an official disease investigation of a pet animal facility to enter such facility and to inspect the same, any animals, or any health or transaction records relating to the investigation.
C.R.S. § 25-7-511.5 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-511.5
25-7-511.5. Injunctive proceedings
Status: in_force

25-7-511.5. Injunctive proceedings. (1) The division may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction:

(a) To enjoin any person from committing any act prohibited by the provisions of this part 5;

(b) To enjoin a certified person from practicing the profession for which he is certified under this part 5.

(2) If it is established that the defendant has been or is committing any act prohibited by this part 5, the court shall enter a decree perpetually enjoining said defendant from further committing said act or from practicing asbestos abatement.

(3) Such injunctive proceedings shall be in addition to and not in lieu of all penalties and other remedies provided in this part 5.

(4) When seeking an injunction under this section, the division shall not be required to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from a continued violation.
C.R.S. § 25-16-301 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-301
25-16-301. Short title
Status: in_force

25-16-301. Short title. This part 3 shall be known and may be cited as the "Voluntary Clean-up and Redevelopment Act".
C.R.S. § 25-15-217 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-217
25-15-217. Circumstances allowing state designation of a hazardous waste disposal site - co
Status: repealed

25-15-217. Circumstances allowing state designation of a hazardous waste disposal site - conditions and limitations. (Repealed)
C.R.S. § 25-5-1105 — CO Code / Title 25 / Article 5 / Part 11 / Section 25-5-1105
25-5-1105. Report
Status: repealed

25-5-1105. Report. (Repealed)
C.R.S. § 25-20.5-1801 — CO Code / Title 25 / Article 20.5 / Part 18 / Section 25-20.5-1801
25-20.5-1801. Transfer of functions - employees - property - records
Status: repealed

25-20.5-1801. Transfer of functions - employees - property - records. (1) As of July 1, 2022, the department of public health and environment shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations of the community prevention and early intervention programs authorized pursuant to sections 27-80-103 (2)(d), 27-80-106, 27-80-117, and 27-80-124 previously administered by the department of human services.

(2) (a) As of July 1, 2022, all employees of the department of human services whose duties and functions concerned the duties and functions assumed by the department of public health and environment pursuant to this section, and whose employment in the department of public health and environment is deemed necessary to carry out the purposes of the community prevention and early intervention programs for the department, are transferred to the department of public health and environment and become employees of the department of public health and environment.

(b) Any employees transferred to the department of public health and environment pursuant to this section who are classified employees in the state personnel system retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their service is deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system must be made and processed in accordance with state personnel system laws and rules.

(3) As of July 1, 2022, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of human services pertaining to the duties and functions transferred pursuant to this section, are transferred to the department of public health and environment and shall become the property of the department of public health and environment.

(4) As of July 1, 2022, whenever the department of human services or department is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of public health and environment, such reference or designation is deemed to apply to the department of public health and environment. All contracts entered into by the departments prior to July 1, 2022, in connection with the duties and functions transferred to the department of public health and environment are hereby validated, with the department of public health and environment succeeding to all rights and obligations under such contracts. As of July 1, 2022, any cash funds, custodial funds, trusts, grants, and appropriations of funds from prior state fiscal years open to satisfy obligations incurred under such contracts are transferred and appropriated to the department of public health and environment for the payment of such obligations.

(5) On and after July 1, 2022, unless otherwise specified, whenever any provision of law refers to the department of human services in connection with the duties and functions transferred to the department of public health and environment, such law must be construed as referring to the department of public health and environment.

(6) As of July 1, 2022, all rules and orders of the department of human services adopted in connection with the powers, duties, and functions transferred to the department of public health and environment shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
C.R.S. § 25-7-1504 — CO Code / Title 25 / Article 7 / Part 15 / Section 25-7-1504
25-7-1504. Emission standards for new products
Status: in_force

25-7-1504. Emission standards for new products. (1) On and after January 1, 2026, except as described in section 25-7-1506, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any of the following new products unless the emissions of the product do not exceed the following emissions limits, as applicable:

(a) Ten nanograms of NOx per joule for water heaters with a rated heat input capacity of up to seventy-five thousand BTUs per hour and for any unit with power assist;

(b) Fourteen nanograms of NOx per joule for water heaters with a rated heat input capacity of more than seventy-five thousand and less than two million BTUs per hour; or

(c) Fourteen nanograms of NOx per joule for fan-type central furnaces.

(2) Equipment that is certified to the most recent version of the Energy Star program for the relevant equipment type is deemed to comply with the requirements of subsection (1) of this section.
C.R.S. § 25-5-424 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-424
25-5-424. Review
Status: in_force

25-5-424. Review. Any person aggrieved by a decision of the department, and affected thereby, is entitled to judicial review pursuant to section 25-1-113.
C.R.S. § 25-3-117 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-117
25-3-117. Heart attack database - hospitals to report data on heart attack care
Status: in_force

25-3-117. Heart attack database - hospitals to report data on heart attack care. (1) (a) A hospital that is accredited by the American College of Cardiology Accreditation Services or its successor organization or any nationally recognized accrediting body as a STEMI receiving center shall report to the heart attack database data that is consistent with nationally recognized guidelines on individuals with confirmed heart attacks within the state. Within thirty days after receiving a quarterly report of a hospital's heart attack data from the heart attack database, a hospital accredited as a STEMI receiving center shall submit the report to the department.

(b) Hospitals that are recognized as STEMI referral centers pursuant to section 25-3-116 and PCI centers that are not accredited as heart attack receiving centers are encouraged to report data to the heart attack database and provide quarterly database reports to the department.

(2) (a) Reports obtained by the department pursuant to this section are:

(I) Privileged and strictly confidential;

(II) Not subject to civil subpoena, not discoverable, and not admissible in a civil, criminal, or administrative proceeding against a health-care facility or health-care professional; and

(III) Not directly available to the public.

(b) With regard to reports obtained pursuant to this section, the department shall protect the confidentiality of patient records in accordance with state and federal laws and shall not disclose publicly any identifying or proprietary information of any hospital, hospital administrator, health-care professional, or employee.

(3) The department shall sign a letter of commitment with any nationally recognized body whose reports are provided to the department pursuant to subsection (1)(a) of this section to ensure compliance with the confidentiality requirements and, as part of the letter of commitment, request reporting measures and metrics at the national level for benchmarking purposes.
C.R.S. § 25-15-219 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-219
25-15-219. Department to study need for disposal sites and feasibility of alternative techn
Status: in_force

25-15-219. Department to study need for disposal sites and feasibility of alternative technologies. (1) The department shall conduct a study assessing the need for hazardous waste disposal sites in this state. Such study shall identify the volumes and types of hazardous wastes generated in this state and the appropriateness and feasibility of treatment and disposal technologies as alternatives to land disposal. To offset the cost of such study, the department is authorized to expend a maximum of sixty thousand dollars out of the annual appropriation to the department from the hazardous waste service fund pursuant to section 25-15-304.

(2) The department may also develop and submit to the general assembly proposed legislation to encourage the development and utilization of alternative technologies for hazardous waste management, which may include, by way of example, tax incentives for the purchase of equipment to implement alternative technologies.
C.R.S. § 25-18.9-105 — CO Code / Title 25 / Article 18.9 / Section 25-18.9-105
25-18.9-105. Enforcement
Status: in_force

25-18.9-105. Enforcement. A person that, in the course of the person's business, vocation, or occupation, violates section 25-18.9-104 commits a deceptive trade practice under the "Colorado Consumer Protection Act", article 1 of title 6.
C.R.S. § 25-7-147 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-147
25-7-147. Rapid response inspection team
Status: in_force

25-7-147. Rapid response inspection team. (1) The division shall establish a rapid response inspection team to respond quickly to air quality complaints filed with the division. The division shall hire and develop a team to serve as the Rapid response inspection team.

(2) The rapid response inspection team shall develop processes and best practices for quickly responding to air quality complaints filed and for giving priority to air quality complaints related to adverse effects in disproportionately impacted communities of the state. The rapid response team shall also develop and implement outreach efforts to educate and engage with communities about events and conditions that lead to excess emissions within the communities. The rapid response team shall track and report on the division's website the number of complaints filed and post what, if any, formal enforcement action was taken as a result of the complaint.

(3) The rapid response inspection team shall not respond to any issue arising within the boundaries of the Southern Ute Indian or Ute Mountain Ute reservation absent the express consent of the governing body of the affected tribe. The rapid response inspection team shall refer any complaint within the jurisdiction of the Southern Ute Indian or Ute Mountain Ute tribe to the environmental programs department of the relevant tribe and may respond to the complaint only with the express consent of the governing body of the affected tribe.
C.R.S. § 25-3.5-104.5 — CO Code / Title 25 / Article 3.5 / Part 1 / Section 25-3.5-104.5
25-3.5-104.5. Joint advisory council - duties
Status: repealed

25-3.5-104.5. Joint advisory council - duties. (Repealed)
C.R.S. § 25-15-321 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-321
25-15-321. Creation, modification, and termination of an environmental covenant
Status: in_force

25-15-321. Creation, modification, and termination of an environmental covenant. (1) An environmental covenant under this part 3 may be created only by the owner of the property through a written grant to the department by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such a restriction under this article.

(2) The department is authorized to accept, refuse to accept, conditionally accept, hold, modify, and terminate environmental covenants.

(3) Instruments creating, modifying, or terminating an environmental covenant shall be recorded as any other instrument affecting title to and interests in real property.

(4) If the only uses allowed under the proposed environmental covenant are prohibited by existing ordinance or resolution, the department shall condition its acceptance of the covenant upon the applicant's demonstration that such applicant has obtained approval from the relevant authority that would allow for one or more of the proposed uses.

(5) Persons proposing to create, modify, or terminate an environmental covenant shall provide written notice of their intention to all persons holding an interest of record in the real property that will be subject to the environmental covenant, to all persons known to them to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination, and shall provide the department with:

(a) A copy of the notice provided;

(b) A list of the persons to whom notice was given and the address or other location to which the notice was directed; and

(c) Such title information as the department may require.

(6) The department shall review and make a determination regarding all applications for creating, modifying, or terminating an environmental covenant within sixty days after receipt of such application, including the information described in subsection (5) of this section.

(7) Any determination by the department regarding a proposal to create, modify, or terminate an environmental covenant shall be subject to appeal in accordance with section 25-15-305.
C.R.S. § 25-4-907 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-907
25-4-907. Noncompliance
Status: in_force

25-4-907. Noncompliance. (1) A school official of each school shall suspend or expel from school, pursuant to the provisions of section 22-33-105, C.R.S., or the provisions established by the school official of a college or university or private school, any student not otherwise exempted under this part 9 who fails to comply with the provisions of this part 9. No student shall be suspended or expelled for failure to comply with the provisions of this part 9 unless there has been a direct personal notification by the appropriate school authority to the student's parent or guardian or to the emancipated student or the student eighteen years of age or older of the noncompliance with this part 9 and of such person's rights under sections 25-4-902, 25-4-902.5, and 25-4-903.

(2) In the event of suspension or expulsion of a student, school officials shall notify the state department of public health and environment or the county, district, and municipal public health agency. An agent of said department shall then contact the parent or guardian or the emancipated student or student eighteen years of age or older in an effort to secure compliance with this part 9 in order that the student may be reenrolled in school.

(3) Any student expelled for failure to comply with the provisions of this part 9 shall not be included in calculating the dropout rate for the school from which such student was expelled or the school district in which such student was enrolled prior to being expelled. Such student shall be included in the annual report of the number of expelled students prepared pursuant to section 22-33-105, C.R.S.
C.R.S. § 25-8-209 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-209
25-8-209. Water quality designations - rules
Status: in_force

25-8-209. Water quality designations - rules. (1) The commission may adopt the following water quality designations:

(a) Outstanding waters;

(b) Use-protected waters.

(2) The commission shall promulgate criteria governing the designations provided in subsection (1) of this section. Such criteria shall be consistent with the provisions of this section and sections 25-8-102 and 25-8-104.

(3) Outstanding waters. (a) Outstanding waters shall be maintained and protected at their existing quality. Segments shall not be designated as outstanding waters unless the commission determines that:

(I) The quality of the waters is better than necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water based upon water quality standards for indicator parameters identified by the commission in the criteria promulgated under the provisions of subsection (2) of this section;

(II) The waters constitute an outstanding natural resource; and

(III) Protection of such resource requires protection in addition to that provided by the combination of water quality classifications and standards and the protection afforded reviewable waters under the provisions of subsection (5) of this section.

(b) All waters that were designated as high quality 1 by the commission prior to July 1, 1992, are hereby designated as outstanding waters.

(4) Use-protected waters. (a) Use-protected waters are those waters with existing quality that is not better than necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water.

(b) The commission shall utilize the criteria promulgated by rule pursuant to subsection (2) of this section in designating waters as use-protected.

(c) The quality of waters designated as use-protected may be altered if that quality provided for in applicable water quality classifications and standards is maintained.

(5) Reviewable waters. Waters that are not designated as outstanding waters or use-protected waters shall be referred to as reviewable waters. The existing quality of reviewable waters shall be maintained and protected unless it is determined that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located, which shall include all areas directly impacted by the proposed activity. Notwithstanding any other provisions of this subsection (5), that quality which is provided for in applicable water quality classifications and standards shall be maintained for reviewable waters.

(6) Water quality designations and reviewable waters provisions shall not be utilized by the commission or by any other state, federal, or local agency in a manner that is contrary to the provisions of section 25-8-104.
C.R.S. § 25-26-101 — CO Code / Title 25 / Article 26 / Section 25-26-101
25-26-101. Short title
Status: in_force

25-26-101. Short title. This article shall be known and may be cited as "The Multiphasic Health Screening Act".
C.R.S. § 25-8-1007 — CO Code / Title 25 / Article 8 / Part 10 / Section 25-8-1007
25-8-1007. Enforcement
Status: in_force

25-8-1007. Enforcement. (1) The division has authority to test and require remediation of park finished water, regardless of the type of water source.

(2) The division shall, as necessary to address a park's water quality issues, issue a cease-and-desist order for a violation of this part 10 in accordance with section 25-8-605.

(3) (a) If a park owner fails to comply with cease-and-desist order, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan, the division may impose a civil penalty of up to ten thousand dollars plus an additional five thousand dollars for each full calendar month after the first calendar month for which the violation continues. The division must impose a civil penalty in accordance with article 4 of title 24.

(b) The division shall transfer a civil penalty collected pursuant to this subsection (3) to the state treasurer, who shall credit the civil penalty to the fund.

(c) If a park owner threatens to evict a park resident for filing a water quality complaint or for requesting remediation to address a water quality issue, the park owner has violated section 38-12-203 (3) and is subject to the penalties set forth in section 38-12-203 (3).

(4) This section does not provide an exclusive remedy and does not limit the right of park residents to take legal action against the park owner. Exhaustion of the administrative remedy provided in this section is not required before a resident may bring a legal action.
C.R.S. § 25-5-1504 — CO Code / Title 25 / Article 5 / Part 15 / Section 25-5-1504
25-5-1504. Label requirements
Status: in_force

25-5-1504. Label requirements. (1) (a) A covered entity shall label each covered product with the phrase "Warning danger: Deadly if ingested. In event of ingestion, immediately seek emergency medical attention for intravenous administration of methylene blue. Ingestion of sodium nitrite, even in small quantities, causes severe methemoglobinemia, extreme pain, or imminent death. Keep out of reach of children."

(b) The label required in subsection (1)(a) of this section must be in a size equal to at least two percent of the surface area of the principal display panel, accompanied by a skull and crossbones symbol.

(2) Where the covered product is displayed in advertising or in electronic media, a label notice must accompany the display in no smaller a size than is equivalent to the primary description of the covered product.

(3) If a covered product is shipped or delivered in packaging that obscures or hides the principal display panel, or is sold in bulk or within the same packaging as another product, the packaging must include a skull and crossbones symbol in a location likely to be seen and read by an ordinary individual under customary conditions of transportation and delivery.

(4) If a federal agency or state department does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.
C.R.S. § 25-5.5-310 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-310
25-5.5-310. Regulations
Status: in_force

25-5.5-310. Regulations. Whenever, in the judgment of the department, such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate regulations fixing and establishing, for any class of frozen desserts, a reasonable definition and standard of identity. The department may, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate harmless optional ingredients which may be used in a mix as permitted by this part 3 but which may not have been specifically identified in this part 3 by any chemical or trade name.
C.R.S. § 25-1.5-606 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-606
25-1.5-606. Recognition of volunteer health practitioners licensed in other states
Status: in_force

25-1.5-606. Recognition of volunteer health practitioners licensed in other states. (a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with section 25-1.5-605 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in this state to the extent authorized by this part 6 as if the practitioner were licensed in this state.

(b) A volunteer health practitioner qualified under subsection (a) of this section is not entitled to the protections of this part 6 if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
C.R.S. § 25-2-111 — CO Code / Title 25 / Article 2 / Section 25-2-111
25-2-111. Dead bodies - disposition - removal from state - records
Status: repealed

25-2-111. Dead bodies - disposition - removal from state - records. (1) Any person requested to act as funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner's designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved. The coroner or the coroner's designee shall include in the authorization notice of the requirements of subsection (7) of this section.

(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.

(3) Repealed.

(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.

(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.

(6) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the state registrar to a funeral director or person acting as such upon proper application.

(7) (a) The owner of land that is used to inter a dead human body shall record the burial within thirty days after the burial with the county clerk and recorder of the county in which the land is situated. The owner shall record the following:

(I) The dead person's name as it appears on the death certificate;

(II) The dead person's date of birth;

(III) The dead person's age at the time of death;

(IV) The cause of death;

(V) The name of the owner or owners of the property where the dead human body is interred;

(VI) The legal description of the property where the dead human body is interred if the person is interred on private property;

(VII) The reception number for the death certificate if recorded by the county clerk; and

(VIII) The latitude and longitude coordinates, such as those given by a global positioning system, that are verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.

(b) This subsection (7) does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or maintained by public entities or businesses that inter people in the ordinary course of business and are available to the general public.
C.R.S. § 25-25-124 — CO Code / Title 25 / Article 25 / Section 25-25-124
25-25-124. Agreement of state not to limit or alter rights of obligees
Status: in_force

25-25-124. Agreement of state not to limit or alter rights of obligees. The state hereby pledges to and agrees with the holders of any bonds, notes, or other obligations issued under this article, and with those parties who may enter into contracts with the authority pursuant to the provisions of this article, that the state will not limit, alter, restrict, or impair the rights hereby vested in the authority to acquire, construct, reconstruct, maintain, and operate any facility or to establish, revise, charge, and collect rates, rents, fees, and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds, notes, or other obligations authorized and issued pursuant to this article and with the parties who may enter into contracts with the authority pursuant to this article. The state further agrees that it will not in any way impair the rights or remedies of the holders of such bonds, notes, or other obligations of such parties until such bonds, notes, and other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this article precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes, or other obligations of the authority or those entering into such contracts with the authority. The authority may include this pledge and undertaking for the state in such bonds, notes, or other obligations and in such contracts.
C.R.S. § 25-27.6-107 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-107
25-27.6-107. License fees - rules
Status: in_force

25-27.6-107. License fees - rules. (1) (a) By April 30, 2021, the state board shall promulgate rules establishing a schedule of fees sufficient to meet the direct and indirect costs of administration and enforcement of this article 27.6.

(b) The department shall assess and collect, from behavioral health entities subject to licensure pursuant to section 25-27.6-106, fees in accordance with the fee schedule established by the state board.

(2) The department shall transmit fees collected pursuant to this section to the state treasurer, who shall credit the money to the behavioral health entity cash fund created in section 25-27.6-108.

(3) Fees collected pursuant to subsection (1) of this section may be used by the department to provide technical assistance and education to behavioral health entities related to compliance with Colorado law, in addition to regulatory and administrative functions. The department may contract with private entities to assist the department in providing technical assistance and education.
C.R.S. § 25-48-111 — CO Code / Title 25 / Article 48 / Section 25-48-111
25-48-111. Medical record documentation requirements - reporting requirements - department
Status: in_force

25-48-111. Medical record documentation requirements - reporting requirements - department compliance reviews - rules. (1) The attending provider shall document in the individual's medical record the following information:

(a) Dates of all oral requests;

(b) A valid written request;

(c) The attending provider's diagnosis and prognosis, determination of mental capacity, and that the individual is making a voluntary request and an informed decision;

(d) The consulting provider's confirmation of diagnosis and prognosis, mental capacity, and that the individual is making an informed decision;

(e) If applicable, written confirmation of mental capacity from a licensed mental health professional;

(f) A notation of notification of the right to rescind a request made pursuant to this article; and

(g) A notation by the attending provider that all requirements under this article 48 have been satisfied and indicating steps taken to carry out the request, including a notation of the medical aid-in-dying medications prescribed and when.

(2) (a) The department of public health and environment shall annually review a sample of records maintained pursuant to this article to ensure compliance. The department shall adopt rules to facilitate the collection of information defined in subsection (1) of this section. Except as otherwise required by law, the information collected by the department is not a public record and is not available for public inspection. However, the department shall generate and make available to the public an annual statistical report of information collected under this subsection (2).

(b) The department shall require any health-care provider, upon dispensing a medical aid-in-dying medication pursuant to this article, to file a copy of a dispensing record with the department. The dispensing record is not a public record and is not available for public inspection.
C.R.S. § 25-5.5-305 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-305
25-5.5-305. Ice milk - standards
Status: in_force

25-5.5-305. Ice milk - standards. Ice milk shall conform in all respects to the definition and standard of identity for ice cream prescribed in section 25-5.5-303; except that it shall contain not less than two percent nor more than seven percent of milk fat, not less than eleven percent of total milk solids, and not less than one and three-tenths pounds of food solids per gallon. When ice milk is packaged in containers of greater than one-half gallon capacity, it shall not contain color or any of the optional flavoring ingredients specified in section 25-5.5-303 (4).
C.R.S. § 25-4-511 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-511
25-4-511. Duties of board of health and department - confidentiality of records - rules
Status: in_force

25-4-511. Duties of board of health and department - confidentiality of records - rules. (1) The board of health is authorized to adopt such rules as are deemed necessary, appropriate, and consistent with good medical practice in the state of Colorado for the treatment and control of persons with tuberculosis.

(2) Subject to available appropriations, the department may contract with local public health agencies to provide assistance with tuberculosis treatment and control. The department shall retain the authority to, when necessary:

(a) Direct any program of investigation and examination of suspected tuberculosis cases, including persons who have had contact with a person who has suspected or confirmed active tuberculosis, and the administration of antituberculosis chemotherapy or the treatment of a latent tuberculosis infection on an outpatient basis where appropriate;

(b) Perform such other duties and have such other powers with relation to the provisions, objects, and purposes of this part 5 as the board of health shall prescribe.

(3) Except as otherwise provided by law, all records kept by the department and by local public health agencies and all records retained in a county coroner's office in accordance with section 30-10-606 (4)(c), C.R.S., as a result of the investigation of tuberculosis shall be kept strictly confidential and shall only be shared to the extent necessary for the investigation, treatment, control, and prevention of tuberculosis; except that every effort shall be made to limit disclosure of personal identifying information to the minimal amount necessary to accomplish the public health purpose.
C.R.S. § 25-8-307 — CO Code / Title 25 / Article 8 / Part 3 / Section 25-8-307
25-8-307. Emergencies
Status: in_force

25-8-307. Emergencies. Whenever the division determines, after investigation, that any person is discharging or causing to be discharged or is about to discharge into any state waters, directly or indirectly, any pollutant which in the opinion of the division constitutes a clear, present, and immediate danger to the health or livelihood of members of the public, the division shall issue its written order to said person that he must immediately cease or prevent the discharge of such pollutant into such waters and thereupon such person shall immediately discontinue such discharge. Concurrently with the issuance of such order, the division may seek a restraining order or injunction pursuant to section 25-8-607.
C.R.S. § 25-58-103 — CO Code / Title 25 / Article 58 / Section 25-58-103
25-58-103. Definitions
Status: in_force

25-58-103. Definitions. As used in this article 58, unless the context otherwise requires:

(1) "Covered entity" means any general hospital, hospital unit as defined in section 25-3-101, community clinic as defined in section 25-3-101, freestanding emergency department as defined in section 25-1.5-114, maternity hospital, or rehabilitation hospital. "Covered entity" does not include a health-care professional or a hospital, community clinic, or other facility owned or operated by the state.

(2) (a) "Denial of care" means any refusal by a covered entity to provide a health-care service, or to provide a referral for a health-care service, for nonmedical reasons.

(b) "Denial of care" includes the following practices, whether based on formal or informal policies or practices, that are not based on generally accepted standards of care:

(I) Selective refusal to provide a health-care service to some, but not all, patients based on a characteristic described in section 24-34-601 (2)(a), objections to a health-care service, or for other nonmedical reasons; and

(II) A significant restriction on the availability of health-care services.

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

(4) "End-of-life health-care services" means any medical, surgical, preventive, counseling, or referral services provided to an individual who is near the end of life or who has a terminal illness. "End-of-life health-care services" includes any services provided pursuant to article 48 of this title 25, palliative care, services identified in advance directives, withdrawal of nutrition services, and hospice care.

(5) "Health-care professional" means a person who is licensed, certified, registered, or otherwise authorized or permitted by law to administer health care or dispense medication in the ordinary course of business or practice of a profession.

(6) "Health-care service" means the provision of treatment, care, advice or guidance, or services or supplies, including:

(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care;

(b) Counseling, assessment, procedures, or other services; or

(c) Selling, dispensing, or administering a prescription or nonprescription drug, a device, or equipment.

(7) "LGBTQ health-care services" means any medical, surgical, preventive, counseling, or referral services that are specifically targeted to or that disproportionately affect LGBTQ individuals, including gender-affirming care, HIV-related care, and family-building services.

(8) "Nonmedical reasons" means nonclinical criteria, rules, or policies, whether written or unwritten, that restrict health-care professionals at a covered entity from providing types of care that a health-care professional is authorized under law to provide and that the covered entity is licensed to provide.

(9) "Reproductive health-care services" means any medical, surgical, preventive, counseling, or referral services relating to the human reproductive system, including services relating to contraception, sterilization, pregnancy, and the termination of a pregnancy.

(10) "Service availability form" means the form created by the department pursuant to section 25-58-104 and completed by covered entities.
C.R.S. § 25-25-113 — CO Code / Title 25 / Article 25 / Section 25-25-113
25-25-113. Personal liability
Status: in_force

25-25-113. Personal liability. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
C.R.S. § 25-17-104 — CO Code / Title 25 / Article 17 / Part 1 / Section 25-17-104
25-17-104. Local government preemption - repeal
Status: repealed

25-17-104. Local government preemption - repeal. (Repealed)
C.R.S. § 25-3.5-204 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-204
25-3.5-204. Emergency medical services for children
Status: in_force

25-3.5-204. Emergency medical services for children. (1) The department is authorized to establish a program to improve the quality of emergency care to pediatric patients throughout the state, including a component to address public awareness of pediatric emergencies and injury prevention.

(2) The department is authorized to receive contributions, grants, donations, or funds from any public or private entity to be expended for the program authorized pursuant to this section.
C.R.S. § 25-18.5-108 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-108
25-18.5-108. Illegal drug laboratory fund
Status: in_force

25-18.5-108. Illegal drug laboratory fund. The illegal drug laboratory fund is hereby established in the state treasury. The department shall transfer the fees collected under section 25-18.5-102 (2) to the state treasurer who shall credit these fees to the fund. The general assembly shall appropriate the moneys in the fund for the implementation of this article. The treasurer shall credit to the fund all interest derived from the deposit and investment of moneys in the fund. The moneys in the fund stay in the fund at the end of the fiscal year and do not revert to the general fund or any other fund.
C.R.S. § 25-3.5-1004 — CO Code / Title 25 / Article 3.5 / Part 10 / Section 25-3.5-1004
25-3.5-1004. Ongoing prevention and education campaign - training - marijuana
Status: in_force

25-3.5-1004. Ongoing prevention and education campaign - training - marijuana. (1) Subject to available appropriations, beginning in the 2014-15 state fiscal year, the division shall develop, implement, and evaluate an ongoing statewide prevention and education campaign to address the long-term marijuana education needs in the state. In the prevention and education messaging, the division shall provide information to:

(a) The general public regarding the law surrounding the legal use of retail marijuana;

(b) People in the retail marijuana industry regarding restricting youth access to retail marijuana;

(c) Retail marijuana users and other relevant populations identified as high-risk regarding the potential risks associated with the use of marijuana; and

(d) The general public regarding the dangers associated with the over-consumption of marijuana-infused products.

(2) In furtherance of the goals of the ongoing marijuana prevention and education campaign, the division may use television messaging, radio broadcasts, print media, digital strategies, or any other form of messaging deemed necessary and appropriate by the division to reach the target audiences of the campaign.

(3) In furtherance of the goals of the ongoing marijuana prevention and education campaign, the department of public health and environment shall provide at least five regional training sessions during the 2014-15 fiscal year for community partners to implement youth health development strategies.
C.R.S. § 25-18.9-102 — CO Code / Title 25 / Article 18.9 / Section 25-18.9-102
25-18.9-102. Definitions
Status: in_force

25-18.9-102. Definitions. As used in this article 18.9:

(1) "Covered entity" means:

(a) The manufacturer of a covered product that is sold or offered for sale in this state; and

(b) A wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered product.

(2) "Covered product" means a consumer product sold or offered for sale in this state that is:

(a) A premoistened, nonwoven disposable wipe marketed as a baby wipe or diapering wipe; or

(b) A premoistened, nonwoven disposable wipe that is:

(I) Composed entirely of or in part of petrochemical-derived fibers; and

(II) Likely to be used in a bathroom with significant potential to be flushed, including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial cleansing wipes, makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.

(3) "High contrast" means:

(a) Tonal contrast that is shown by either a light symbol on a solid dark background or a dark symbol on a solid light background; and

(b) Having at least seventy percent contrast between the symbol artwork and background using the formula [(B1- B2) ÷ B1] x 100, where:

(I) B1 is the light reflectance value of the relatively lighter area; and

(II) B2 is the light reflectance value of the relatively darker area.

(4) "Label" means a representation made by statement, word, picture, design, or emblem on a covered product package, whether affixed to or written directly on the package.

(5) "Label notice" means:

(a) The phrase "Do Not Flush" in a size equal to at least two percent of the surface area of the principal display panel;

(b) For covered products regulated pursuant to the "Federal Hazardous Substances Act", 15 U.S.C. sec. 1261 et seq., as amended, by the federal consumer product safety commission under 16 CFR 1500.121, that if at least two percent of the surface area of the principal display panel would result in a type size larger than first aid instructions pursuant to the "Federal Hazardous Substances Act", then, to the extent permitted by federal law, the phrase "Do Not Flush" in type size equal to or greater than the type size required for the first aid instructions; and

(c) For covered products required to be registered by the federal environmental protection agency under the "Federal Insecticide, Fungicide, and Rodenticide Act", 7 U.S.C. sec. 136 et seq., as amended, that if at least two percent of the surface area of the principal display panel would result in a type size on the principal display panel larger than a warning pursuant to the "Federal Insecticide, Fungicide, and Rodenticide Act", then, to the extent permitted by federal law, the phrase "Do Not Flush" in a type size equal to or greater than the type size required for the "Keep Out of Reach of Children" statement required under 40 CFR 156.66.

(6) "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale.

(7) "Symbol" means the "Do Not Flush" symbol, or a symbol that is equivalent, as depicted in the INDA/EDANA Code of Practice Second Edition and published within "Guidelines for Assessing the Flushability of Disposable Nonwoven Products", Edition 4, May 2018, which is in a size equal to at least two percent of the surface area of the principal display panel, except as specified in section 25-18.9-104 (1)(a)(II)(C).
C.R.S. § 25-6-403 — CO Code / Title 25 / Article 6 / Part 4 / Section 25-6-403
25-6-403. Fundamental reproductive health-care rights
Status: in_force

25-6-403. Fundamental reproductive health-care rights. (1) Every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception.

(2) A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right.

(3) A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.
C.R.S. § 25-7-1106 — CO Code / Title 25 / Article 7 / Part 11 / Section 25-7-1106
25-7-1106. Enforcement
Status: in_force

25-7-1106. Enforcement. Whenever the division or its designee has reason to believe that any person has violated any of the provisions of this part 11 or the rules promulgated thereunder, the division or its designee may commence an enforcement action pursuant to section 25-7-115.
C.R.S. § 25-15-507 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-507
25-15-507. Substantial change in ownership, design, or operation
Status: in_force

25-15-507. Substantial change in ownership, design, or operation. (1) Any substantial change in the ownership of a hazardous waste incinerator or processor, including but not limited to an assignment or a transfer of the certificate of designation, or in the design or operation of a hazardous waste incinerator, incinerator site, processor, or processor site shall be submitted to the governing body having jurisdiction for its approval. Approval by the governing body having jurisdiction shall be required before such a substantial change may become effective. For the purposes of this section, "substantial change" shall have such meaning as is provided for such term in the rules of the commission promulgated pursuant to section 25-15-510.

(2) Except as provided in subsection (3) of this section, approval of a substantial change under this section shall be made if the governing body having jurisdiction finds all of the factors required by the provisions of section 25-15-505 (1) and has considered the factor provided in section 25-15-505 (2).

(3) A substantial change involving only a change in ownership, including an assignment or transfer of the certificate of designation, shall be made if the governing body having jurisdiction finds the factors required in section 25-15-505 (1)(b) and (1)(c).

(4) An application for approval of a substantial change under this section shall be accompanied by a fee established by the governing body having jurisdiction, which fee shall not exceed ten thousand dollars and which fee may be refunded in whole or in part.
C.R.S. § 25-11-113 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-113
25-11-113. Forfeitures - deposit - radiation control - decommissioning fund - long-term car
Status: in_force

25-11-113. Forfeitures - deposit - radiation control - decommissioning fund - long-term care fund. (1) The department is hereby authorized to collect funds from forfeited decommissioning warranties and from long-term care warranties.

(2) (a) A fund to be known as the decommissioning fund is hereby created in the state treasury. The fund shall be interest-bearing and invested to return the maximum income feasible as determined by the state treasurer and consistent with otherwise applicable state law. All moneys collected from decommissioning warranties pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the decommissioning fund. All moneys deposited in the fund and all interest earned on moneys in the fund shall remain in the fund for the purposes set forth in this article, and no part of the fund shall be expended or appropriated for any other purpose.

(b) The moneys in the fund shall be continuously appropriated for the purposes set forth in this part 1 and shall not be transferred to or revert to the general fund.

(3) Moneys in the decommissioning fund shall be available for use by the department for the sole purpose of disposing of radioactive materials and completing decontamination and decommissioning of affected buildings, fixtures, equipment, personal property, and lands, and to cover the department's reasonable attorney costs that may be incurred in successfully revoking, foreclosing, or realizing any decommissioning warranty, and reasonable administrative costs, including indirect costs, incurred by the department in conducting disposal, decontamination, and decommissioning.

(4) (a) A fund to be known as the long-term care fund is hereby created and established in the state treasury. Such fund shall be interest-bearing and invested to return the maximum income feasible as determined by the state treasurer and consistent with otherwise applicable state law. All moneys collected from long-term care warranties pursuant to this section shall be transmitted to the state treasurer who shall credit the same to the long-term care fund. All moneys deposited in the fund and all interest earned on moneys in the fund shall remain in the fund for the purposes set forth in this part 1 and no part thereof shall be expended or appropriated for any other purpose.

(b) Moneys in the long-term care fund shall be annually appropriated by the general assembly to the department in an amount sufficient to implement the provisions of this part 1.

(c) Moneys in the long-term care fund shall be available for use by the department for the sole purposes of:

(I) Performing annual site inspections to confirm the integrity of the stabilized waste system, environmental monitoring, and maintenance of the waste disposal site, including fixtures, cover, and equipment;

(II) Covering the department's reasonable attorney costs that may be incurred in successfully collecting or realizing any long-term care warranty, and reasonable administrative costs, including indirect costs, incurred by the department in conducting long-term care of the disposal facility.
C.R.S. § 25-25-108 — CO Code / Title 25 / Article 25 / Section 25-25-108
25-25-108. Acquisition of property
Status: in_force

25-25-108. Acquisition of property. The authority may, directly or by or through a participating health institution as its agent, acquire by purchase, lease, gift, devise, or otherwise such lands, structures, real or personal property, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights which are located within or without the state, as it may deem necessary or convenient for the construction, acquisition, or operation of facilities, upon such terms as may be considered by the authority to be reasonable, and may take title thereto in the name of the authority or in the name of such participating health institution as its agent.
C.R.S. § 25-3.5-604 — CO Code / Title 25 / Article 3.5 / Part 6 / Section 25-3.5-604
25-3.5-604. EMTS grant program - EMS account - role of council and department - rules - awar
Status: in_force

25-3.5-604. EMTS grant program - EMS account - role of council and department - rules - awards. (1) (a) The council shall make recommendations to the department concerning the application for and distribution of moneys from the EMS account for the development, maintenance, and improvement of emergency medical and trauma services in Colorado and for the establishment of priorities for emergency medical and trauma services grants.

(b) Any rules that relate to the distribution of grants shall provide that awards shall be made on the basis of a substantiated need and that priority shall be given to those applicants that have underdeveloped or aged emergency medical and trauma services equipment or systems.

(c) The department, upon recommendations from the council, shall allocate moneys pursuant to section 25-3.5-603.

(2) (a) Applications for grants shall be made to the department commencing January, 2001, and each January thereafter, except as otherwise provided in section 25-3.5-603 (3).

(b) The department shall review each application and make awards in accordance with the rules promulgated pursuant to subsection (1) of this section.

(c) Grants awarded under this section shall require local matching funds, unless such requirement is waived by the council upon demonstration that local sources of matching funds are not available.

(3) Grants shall be awarded July 1 of each year.

(4) The council shall review the adequacy of funding for each RETAC for the period beginning July 1, 2002. The review shall be completed by December 31, 2005. The council may recommend any necessary changes to the department as a result of the review conducted pursuant to this subsection (4).
C.R.S. § 25-4-203 — CO Code / Title 25 / Article 4 / Part 2 / Section 25-4-203
25-4-203. Birth certificate - blood test
Status: in_force

25-4-203. Birth certificate - blood test. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis and HIV has been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed and the approximate date when the specimen was taken. In no event shall the birth certificate state the result of the test.
C.R.S. § 25-15-301 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-301
25-15-301. Powers and duties of department
Status: in_force

25-15-301. Powers and duties of department. (1) The department shall be the entity in the state responsible for the regulation of hazardous waste management; however, the department may, in accordance with section 25-15-306, enter into agreements with local governments to conduct specified activities involving monitoring, inspections, and technical services but not permit issuance or enforcement.

(2) Pursuant to rules and regulations as provided for in section 25-15-302, the department shall:

(a) Issue permits for treatment, storage, and disposal facilities, provide for the inspection of such operations, and enforce the limitations and conditions of such permits, including any conditions and schedules established to correct noncompliance; and

(b) Assure that all generators, transporters, storers, treaters, and disposers of hazardous waste have received appropriate identification by the department, use a manifest system, and provide periodic reports on wastes manifested.

(3) The department, by its duly authorized representatives, shall have the power to enter and inspect any property, premises, or place in which hazardous waste is reasonably believed to be located or in which relevant records may be located for the purpose of determining the compliance or noncompliance with any provision of this part 3, any rules and regulations promulgated pursuant to this part 3, or any order or permit, or term or condition thereof, issued pursuant to this part 3. Unless an emergency exists or the department has reason to believe that any unlawful activity is being conducted or will be conducted, the department shall provide prior notification of such inspection, which inspection shall be during normal business hours. If such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to and shall obtain from the district court for the judicial district in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district courts of this state are empowered to issue such warrants upon a showing that such entry and inspection is required to verify that the purposes of this part 3 are being carried out. Any information relating to proprietary processes or methods of manufacture or production obtained in the course of the inspection shall be kept confidential in accordance with section 24-72-204 (3)(a)(IV), C.R.S., of the open records law. If samples are taken, the owner and operator of the premises from which such samples are taken shall be entitled to a receipt for such samples and, upon request, a sufficient portion to perform an analysis equivalent to that which the department may perform.

(4) (a) In the event of an emergency involving hazardous waste which presents an immediate and substantial threat to the public health and safety or the environment, the department shall have the authority to issue such orders as may be appropriate to protect the public health and safety or the environment, including emergency authorization to transport, treat, store, or dispose of hazardous waste.

(b) Any person against whom an emergency order is issued pursuant to this subsection (4) shall be entitled to an immediate hearing as provided in section 24-4-105 (12), C.R.S.

(5) In order to provide for the essential long-term care of hazardous waste consistent with adequate protection of the public health and safety and the environment, the department may acquire by gift, purchase, transfer from another state department or agency, or other transfer any and all lands, buildings, and grounds that have been designated as a hazardous waste site and may lease such properties to others for hazardous waste management. Any such acquisition shall be subject to the provisions of section 25-15-303 (4).
C.R.S. § 25-52-106 — CO Code / Title 25 / Article 52 / Section 25-52-106
25-52-106. Duty to comply with state and federal laws relating to health information
Status: in_force

25-52-106. Duty to comply with state and federal laws relating to health information. The committee and the department shall comply with all applicable state and federal laws and rules relating to the transmission of health information.
C.R.S. § 25-8.5-107 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-107
25-8.5-107. Voting
Status: in_force

25-8.5-107. Voting. (1) Each authority member, through its designated director or designated alternate acting in the director's place, shall be entitled to one vote.

(2) Board action upon proposed waste load allocations, site location or site plans selected pursuant to section 25-8-702, discharge permits secured pursuant to section 25-8-501, amendments to the authority's wastewater management plan, and all budget and funding decisions shall require an affirmative vote of a majority of all authority members. Any vote by the special district member on such board action shall reflect the majority of the represented special districts.

(3) All decisions of the board not enumerated in subsection (2) of this section shall be made and decided by a majority of the quorum. A quorum requires that at least fifty percent of all authority members be present.

(4) A director shall disqualify himself from voting on any issue in which he has a conflict of interest unless such director has disclosed such conflict of interest in compliance with section 18-8-308, C.R.S., in which case such disclosure shall cure the conflict. A director shall abstain from voting if the director would obtain a personal financial gain from the contract or services being voted upon by the authority.

(5) Notwithstanding subsection (2) of this section, any vote regarding a change in the levy and collection of ad valorem taxes pursuant to section 25-8.5-111 (1)(p)(I) shall be limited to authority members representing municipalities or counties within the authority's boundaries.
C.R.S. § 25-7-202 — CO Code / Title 25 / Article 7 / Part 2 / Section 25-7-202
25-7-202. Definitions
Status: repealed

25-7-202. Definitions. (Repealed)
C.R.S. § 25-1-509 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-509
25-1-509. County and district public health directors
Status: in_force

25-1-509. County and district public health directors. (1) (a) The director of each agency shall be the public health director.

(b) All other personnel required by an agency shall be selected by the public health director. All personnel shall perform duties as prescribed by the public health director.

(c) In the event of a public health emergency, the agency shall issue orders and adopt rules consistent with the laws and rules of the state as the public health director may deem necessary for the proper exercise of the powers and duties vested in or imposed upon the agency or county or district board.

(2) In addition to the other powers and duties conferred by this part 5 or by the agency, a public health director has the following powers and duties:

(a) To administer and enforce:

(I) The public health laws of the state and, as authorized by the provisions of this title or article 20 of title 30, C.R.S., the public health orders, rules, and standards of the state department or the state board; and

(II) The orders and rules of the county or district board;

(b) To exercise all powers and duties conferred and imposed upon agencies not expressly delegated by the provisions of this part 5 to a county or district board;

(c) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of his or her powers and duties;

(d) To act as the local registrar of vital statistics or to contract out the responsibility of registrar in the area over which the agency has jurisdiction;

(e) To direct the resources needed to carry out the county or district public health plan developed pursuant to section 25-1-505; and

(f) If requested by the county or district board, to serve as secretary to the board responsible for maintaining all records required by part 2 of article 72 of title 24, C.R.S., and ensuring public notice of all meetings in accordance with part 4 of article 6 of title 24, C.R.S. The director shall be the custodian of all properties and records for the agency.
C.R.S. § 25-15-209.6 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-209.6
25-15-209.6. Performance audits
Status: in_force

25-15-209.6. Performance audits. Each designated and permitted hazardous waste disposal site shall be subject to a performance audit at least once every five years, for the purpose of reviewing the systems that provide assurance the site is protecting human health and the environment. Such performance audit shall be conducted by the department.
C.R.S. § 25-1-122.5 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-122.5
25-1-122.5. Confidentiality of genetic testing records - "Uniform Parentage Act"
Status: in_force

25-1-122.5. Confidentiality of genetic testing records - "Uniform Parentage Act". Notwithstanding any other law concerning public records, any records or information concerning the genetic testing of a person for purposes of the determination of parentage pursuant to article 4 of title 19, C.R.S., shall be confidential and shall not be disclosed except as otherwise provided in section 19-1-308, C.R.S.
C.R.S. § 25-27-110 — CO Code / Title 25 / Article 27 / Section 25-27-110
25-27-110. Advisory committee
Status: repealed

25-27-110. Advisory committee. (1) There is hereby established an advisory committee to the department for the purposes of making recommendations to the department and reporting to the house and senate committees on health and human services, or any successor committees, concerning the rules promulgated by the state board pursuant to this article, implementation of the licensing program, the impact of the program, and the effectiveness of enforcement. The advisory committee shall consist of not fewer than nine members to be appointed by the executive director of the department. The committee shall elect its own chairperson. Such members shall be representatives from assisted living residences, the Colorado commission on the aging, county, district, or municipal public health agencies, or local boards of health, and consumer and other agencies and organizations providing services to or concerned with residents of assisted living residences. Members of the advisory committee shall serve on a voluntary basis and shall serve without compensation.

(2) and (3) Repealed.
C.R.S. § 25-8-1008 — CO Code / Title 25 / Article 8 / Part 10 / Section 25-8-1008
25-8-1008. This part 10 does not affect other statutory protections
Status: in_force

25-8-1008. This part 10 does not affect other statutory protections. This part 10 does not affect or supersede the protections granted to park residents pursuant to other statutes, including article 12 of title 38. If a court determines that a provision of this part 10 conflicts with a provision of article 12 of title 38, the court shall apply the statute that grants the stronger protection to the park resident.
C.R.S. § 25-1-1203 — CO Code / Title 25 / Article 1 / Part 12 / Section 25-1-1203
25-1-1203. Electronic storage of medical records
Status: in_force

25-1-1203. Electronic storage of medical records. Health plans, health-care clearinghouses, and health-care providers shall develop policies, procedures, and systems to comply with federal regulations promulgated by the federal department of health and human services related to electronic storage and maintenance of medical record information pursuant to federal law.
C.R.S. § 25-5-1203 — CO Code / Title 25 / Article 5 / Part 12 / Section 25-5-1203
25-5-1203. Personal care products containing microbeads - production, manufacture, and sale
Status: in_force

25-5-1203. Personal care products containing microbeads - production, manufacture, and sale prohibited. (1) On and after January 1, 2018, a person shall not produce or manufacture in this state a personal care product containing synthetic plastic microbeads, except for an over-the-counter drug.

(2) On and after January 1, 2019, a person shall not:

(a) Accept for sale in this state a personal care product that contains synthetic plastic microbeads, except for an over-the-counter drug; or

(b) Produce or manufacture in this state an over-the-counter drug that contains synthetic plastic microbeads.

(3) On and after January 1, 2020, a person shall not accept for sale in this state an over-the-counter drug that contains synthetic plastic microbeads.
C.R.S. § 25-8-608.5 — CO Code / Title 25 / Article 8 / Part 6 / Section 25-8-608.5
25-8-608.5. Nutrients grant fund - rules - repeal
Status: repealed

25-8-608.5. Nutrients grant fund - rules - repeal. (Repealed)
C.R.S. § 25-4-1305 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1305
25-4-1305. Bulk food display
Status: in_force

25-4-1305. Bulk food display. (1) Bulk foods shall be dispensed only from product modules which are protected by close-fitting, individual covers. If any product module is to be opened by customers, the cover shall be self-closing and shall remain closed when not in use.

(2) Customer access to bulk foods in product modules shall be limited and controlled to avoid the introduction of contaminants. All product modules shall have an access height of thirty inches or more above the floor and a depth of eighteen inches or less.

(3) Potentially hazardous foods shall not be made available for customer self-service.
C.R.S. § 25-7-504 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-504
25-7-504. Asbestos abatement project requirements - certificate to perform asbestos abatem
Status: in_force

25-7-504. Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons.

(1) (a) (Deleted by amendment, L. 2022.)

(b) Any person other than the general abatement contractor who inspects any building, facility, or property for the presence of asbestos, prepares management plans for public and commercial buildings, designs abatement actions in any building, facility, or property, or conducts abatement actions in any building, facility, or property shall obtain certification pursuant to section 25-7-507.

(2) (a) A general abatement contractor who conducts asbestos abatement in any building, facility, or property shall obtain a certificate to perform asbestos abatement pursuant to section 25-7-505 unless such abatement project is exempt from the requirement for certification pursuant to rules promulgated by the commission.

(b) Unless otherwise exempt, asbestos abatement shall be performed under the supervision of an individual certified by the division as a trained supervisor pursuant to section 25-7-506, who shall be at the project site at all times that work is in progress.

(3) The requirements of this section shall apply to asbestos abatement on a single-family residential dwelling; except that the requirements of this section shall not apply to any individual who performs asbestos abatement on a single-family residential dwelling that is the individual's primary residence.
C.R.S. § 25-4-904.5 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-904.5
25-4-904.5. Annual alignment evaluation
Status: in_force

25-4-904.5. Annual alignment evaluation. The department of public health and environment shall annually evaluate the state's immunization practices, including an examination of updated best practices and guidelines recommended by the advisory committee on immunization practices of the centers for disease control and prevention in the federal department of health and human services. The state board of health shall review the department of public health and environment's annual evaluation and may update the state's immunization practices pursuant to the department of public health and environment's annual evaluation.
C.R.S. § 25-9-110 — CO Code / Title 25 / Article 9 / Section 25-9-110
25-9-110. Violations - penalty
Status: in_force

25-9-110. Violations - penalty. (1) It is unlawful for any person to represent himself or herself as a certified operator of any category and of any class without first being so certified by the board and without being the holder of a current valid certificate issued by the board. Any person violating the provisions of this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three thousand dollars.

(2) (a) It is unlawful for any owner of a water treatment facility, a domestic or industrial wastewater treatment facility, a wastewater collection system, or a water distribution system in the state of Colorado to allow the facility to be operated without the supervision of a certified operator of the classification required by the board for the specific facility.

(b) Notwithstanding paragraph (a) of this subsection (2), a sedimentary pond maintained in accordance with a permit issued by the division of reclamation, mining, and safety that does not require a permit issued by the water quality control division of the department of public health and environment shall not require the supervision of a certified operator.

(3) Whenever the division has reason to believe that a violation of subsection (2) of this section has occurred, the division shall cause written notice to be served personally or by certified mail, return receipt requested, upon the alleged violator or their agent for service of process. The notice shall state the provision of subsection (2) alleged to be violated and the facts alleged to constitute a violation and it may include specific action proposed to be required to cease the alleged violation. The division shall require the alleged violator to answer each alleged violation.

(4) Upon being served with any notice given under subsection (3) of this section, the alleged violator may request a public hearing. Such request shall be filed in writing with the division no later than thirty days after service of the notice. If such a request is made, a hearing shall be held within a reasonable time. Hearings held pursuant to this subsection (4) shall be conducted before the board in accordance with section 24-4-105, C.R.S. The determination of the board following a hearing shall be considered final agency action as to whether a violation has occurred.

(5) Any owner of a water treatment facility, a domestic or industrial wastewater treatment facility, a wastewater collection system, or a water distribution system in the state of Colorado who violates subsection (2) of this section shall be subject to a civil penalty of not more than three hundred dollars per day for each day during which such violation occurs. Any civil penalty collected under this section shall be credited to the general fund.

(6) Upon application of the division, any penalty for a violation of subsection (2) of this section shall be determined by the executive director of the department or his or her designee and may be collected by the division through a collection action instituted in a court of competent jurisdiction. The final decision of the executive director or his or her designee may be appealed to the board. A stay of any order of the division pending judicial review shall not relieve any person from any liability under this section, but the reason for the request for judicial review shall be considered in the determination of the amount of the penalty. In the event that such an action is instituted for the collection of such penalty, the court may consider the appropriateness of the amount of the penalty if the party against whom the penalty was assessed raises the issue.
C.R.S. § 25-7-1507 — CO Code / Title 25 / Article 7 / Part 15 / Section 25-7-1507
25-7-1507. Enforcement - verifications of compliance - civil action by attorney general - p
Status: in_force

25-7-1507. Enforcement - verifications of compliance - civil action by attorney general - penalties. (1) The executive director shall:

(a) Verify major retailers' and distributors' compliance with the provisions of this part 15 through online spot-checks, coordination with other states that have similar standards, or both;

(b) Conduct such verifications at least once before January 1, 2027, and again at least once before January 1, 2032;

(c) Deliver a report on the method and findings of the verifications to the energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and

(d) Deliver any findings of violations to the attorney general.

(2) On or before January 1, 2025, the executive director shall establish a process whereby individuals may anonymously report potential violations of this part 15 on the department of public health and environment's public website. The executive director shall investigate any such reported potential violation and shall report any confirmed violations to the attorney general.

(3) (a) If the attorney general has probable cause to believe that any person or group of persons has violated or caused another person to violate section 25-7-1504 or 25-7-1505, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as specified in this subsection (3). Any person who knowingly violates or causes another person to violate section 25-7-1504 or 25-7-1505 shall pay a civil penalty of not more than two thousand dollars for each violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4.

(b) For purposes of subsection (3)(a) of this section:

(I) Each transaction or online for-sale product listing involved constitutes a separate violation; except that the maximum civil penalty per person shall not exceed five hundred thousand dollars for any related series of violations; and

(II) A court shall not impose a fine against a nonmanagerial employee of a contractor that installs, repairs, or replaces water heaters or fan-type central furnaces and collects from customers an amount representing both parts and labor.
C.R.S. § 25-4-2301 — CO Code / Title 25 / Article 4 / Part 23 / Section 25-4-2301
25-4-2301. Colorado immunization fund - supplemental tobacco litigation settlement moneys a
Status: in_force

25-4-2301. Colorado immunization fund - supplemental tobacco litigation settlement moneys account - creation. There are hereby created in the state treasury the Colorado immunization fund and an account within the fund to be known as the supplemental tobacco litigation settlement moneys account. The principal of the portion of the fund that is not the account consists of general fund appropriations made by the general assembly to the fund and gifts, grants, or awards received by the department of public health and environment from the federal government or private sources for the fund. The principal of the account consists of tobacco litigation settlement moneys transferred by the state treasurer to the account in accordance with section 24-75-1104.5 (1.7)(h), C.R.S. All interest and income earned on the deposit and investment of moneys in the portion of the fund that is not the account shall be credited to that portion of the fund. All interest and income earned on the deposit and investment of moneys in the account shall be credited to and remain in the account until transferred as required by this section. Except as otherwise provided in this section, and subject to annual appropriation by the general assembly to the department, the department shall expend the principal of the fund and the account only for the purpose of immunization and immunization strategies; except that, at the end of the 2007-08 fiscal year and at the end of any fiscal year thereafter, any unexpended and unencumbered moneys in the portion of the fund that is not the account shall remain in that portion of the fund and may be used by the department through the state immunization program to support infant, child, and adolescent vaccination. All unexpended and unencumbered moneys in the account at the end of any fiscal year remain in the account and shall not be transferred to the general fund or any other fund.
C.R.S. § 25-2-104 — CO Code / Title 25 / Article 2 / Section 25-2-104
25-2-104. Registration of vital statistics
Status: in_force

25-2-104. Registration of vital statistics. Promptly upon receipt of each vital statistics report or certificate, the state registrar shall examine it to determine that it has been properly completed. If the report has been properly completed, the state registrar shall register the statistical event described therein and shall note the date the report has been accepted as having been properly completed and shall place the same, or a reproduction thereof, made in accordance with section 25-2-117 (3), in the permanent files of the office. If not properly completed, the state registrar shall take such action with respect thereto as may be required by applicable regulations.
C.R.S. § 25-13-113 — CO Code / Title 25 / Article 13 / Section 25-13-113
25-13-113. Construction
Status: in_force

25-13-113. Construction. No provisions of this article shall be construed to repeal or in any way invalidate more stringent actions, orders, rules, regulations, ordinances, resolutions, or quality standards established by any governmental entity or agency.
C.R.S. § 25-5-804 — CO Code / Title 25 / Article 5 / Part 8 / Section 25-5-804
25-5-804. Safety standards for swimming areas
Status: in_force

25-5-804. Safety standards for swimming areas. (1) All natural swimming areas shall have a sanded beach the slope of which shall not be steeper than one foot of fall to ten feet of horizontal distance and shall be posted with warning signs, buoys, or other markers located not more than one hundred feet apart and visible to a person of ordinary visual acuity at a distance of not less than one hundred feet to mark water over three feet in depth and to mark the exterior limits of the designated swimming area. There shall also be provided not less than one life ring fifteen inches in diameter with seventy-five feet of three-sixteenths inch manila line attached which shall be hung in a conspicuous place on the beach where it shall be kept readily available for use. Each natural swimming area shall also have not less than one square-sterned boat with oars and oarlocks which shall be used only for lifesaving purposes. All other floating craft shall be excluded from the swimming areas except for enforcement craft when necessary to provide adequate supervision. When night swimming is permitted in the natural swimming area, the beach shall be fully illuminated.

(2) The diving tower or springboard, when provided, shall be rigidly constructed and securely anchored.

(3) Swimming pools shall be equipped with not less than one lightweight reaching pole of not less than twelve feet in length and not less than one life ring fifteen inches in diameter with seventy-five feet of three-sixteenths inch manila line attached, both of which shall be kept in a conspicuous place readily available to persons in the pool. When night swimming is permitted, the pool, adjacent area, and all appurtenances shall be fully illuminated.
C.R.S. § 25-17-502 — CO Code / Title 25 / Article 17 / Part 5 / Section 25-17-502
25-17-502. Legislative declaration
Status: in_force

25-17-502. Legislative declaration. The general assembly finds, determines, and declares that limiting the use of single-use plastic carryout bags and expanded polystyrene products will mitigate the harmful effects on our state's natural resources and our environment that result from disposing of these products in our landfills.
C.R.S. § 25-7-145 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-145
25-7-145. Legislative interim committee on ozone air quality - created - members - repeal
Status: repealed

25-7-145. Legislative interim committee on ozone air quality - created - members - repeal. (Repealed)
C.R.S. § 25-17-713 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-713
25-17-713. Producer exemptions - rules
Status: in_force

25-17-713. Producer exemptions - rules. (1) A producer is exempt from the requirements of this part 7 if the producer is:

(a) A person with less than five million dollars in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year;

(b) A person that has used less than one ton of covered materials for products sold or distributed within or into the state during the prior calendar year;

(c) The state or a local government;

(d) A nonprofit organization;

(e) An agricultural employer, as defined in section 8-3-104 (1), regardless of where the agricultural employer is located, with less than five million dollars in realized gross total revenue in the state from consumer sales of agricultural products sold under the brand name of the farmer, egg producer, grower, or individual grower cooperative;

(f) An individual business operating a retail food establishment that is located at a physical business location and that is licensed under section 25-4-1607 (1)(a) or section 32-106.5 (1) to section 32-106.5 (5) of the Denver code of ordinances; or

(g) A builder, a construction company, or construction contractors.

(2) The commission shall adjust by rule the dollar limitation set forth in subsection (1)(a) of this section on July 1, 2023, and on July 1 of each year thereafter, based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
C.R.S. § 25-37-108 — CO Code / Title 25 / Article 37 / Section 25-37-108
25-37-108. Assignment of rights - requirements
Status: in_force

25-37-108. Assignment of rights - requirements. (1) A person or entity shall not assign, allow access to, sell, rent, or give the person's or entity's rights to the health-care provider's services pursuant to the person's or entity's contract unless the person or entity complies with the requirements of this section.

(2) A person or entity may assign, allow access to, sell, rent, or give his, her, or its rights to the health-care provider's services pursuant to the person's or entity's contract if one of the following situations exists:

(a) The third party accessing the health-care provider's services under the contract is an employer or other entity providing coverage for health-care services to its employees or members and such employer or entity has, with the person or entity contracting with the health-care provider, a contract for the administration or processing of claims for payment or service provided pursuant to the contract with the health-care provider;

(b) The third party accessing the health-care provider's services under the contract is an affiliate of, subsidiary of, or is under common ownership or control with the person or entity; or, is providing or receiving administrative services from the person or entity or an affiliate of, or subsidiary of, or is under common ownership or control with the person or entity; or

(c) The health-care contract specifically provides that it applies to network rental arrangements and states that it is for the purpose of assigning, allowing access to, selling, renting, or giving the person's or entity's rights to the health-care provider's services.

(3) In addition to satisfying the requirements of subsection (2) of this section, a person or entity may assign, allow access to, sell, rent, or give his, her, or its rights under the contract to the services of the health-care provider only if:

(a) The individuals receiving services under the health-care provider's contract are provided with appropriate identification stating where claims should be sent and where inquiries should be directed; and

(b) The third party accessing the health-care provider's services through the health-care provider's contract is obligated to comply with all applicable terms and conditions of the contract; except that a self-funded plan receiving administrative services from the person or entity or its affiliates shall be solely responsible for payment to the provider.
C.R.S. § 25-3-122 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-122
25-3-122. Out-of-network facilities - emergency medical services - billing - payment - dec
Status: in_force

25-3-122. Out-of-network facilities - emergency medical services - billing - payment - deceptive trade practice. (1) If a covered person receives emergency services at an out-of-network facility, the out-of-network facility shall:

(a) Submit a claim for the entire cost of the services to the covered person's carrier; and

(b) Not bill or collect payment from a covered person for any outstanding balance for covered services not paid by the carrier, except for the applicable in-network coinsurance, deductible, or copayment amount required to be paid by the covered person.

(2) (a) If a covered person receives emergency services at an out-of-network facility, and the facility receives payment from the covered person for services for which the covered person is not responsible pursuant to section 10-16-704 (3)(b) or (5.5), the facility shall reimburse the covered person within sixty calendar days after the date that the overpayment was reported to the facility.

(b) An out-of-network facility that fails to reimburse a covered person as required by subsection (2)(a) of this section for an overpayment shall pay interest on the overpayment at the rate of ten percent per annum beginning on the date the facility received the notice of the overpayment. The covered person is not required to request the accrued interest from the out-of-network health-care facility in order to receive interest with the reimbursement amount.

(3) (a) An out-of-network facility, other than any out-of-network facility operated by the Denver health and hospital authority pursuant to article 29 of title 25, must send a claim for emergency services to the carrier within one hundred eighty days after the receipt of insurance information in order to receive reimbursement as specified in this subsection (3)(a). The reimbursement rate is the greater of:

(I) One hundred five percent of the carrier's median in-network rate of reimbursement for that service provided in a similar facility or setting in the same geographic area; or

(II) The median in-network rate of reimbursement for the same service provided in a similar facility or setting in the same geographic area for the prior year based on claims data from the all-payer health claims database created in section 25.5-1-204.

(b) An out-of-network facility operated by the Denver health and hospital authority created in section 25-29-103 must send a claim for emergency services to the carrier within one hundred eighty days after the delivery of services in order to receive reimbursement as specified in this subsection (3)(b). The reimbursement rate is the greater of:

(I) The carrier's median in-network rate of reimbursement for the same service provided in a similar facility or setting in the same geographic area;

(II) Two hundred fifty percent of the medicare reimbursement rate for the same service provided in a similar facility or setting in the same geographic area; or

(III) The median in-network rate of reimbursement for the same service provided in a similar facility or setting in the same geographic area for the prior year based on claims data from the Colorado all-payer health claims database described in section 25.5-1-204.

(c) If the out-of-network facility submits a claim for emergency services after the one-hundred-eighty-day period specified in this subsection (3), the carrier shall reimburse the facility one hundred twenty-five percent of the medicare reimbursement rate for the same services in a similar setting or facility in the same geographic area.

(d) The out-of-network facility shall not bill a covered person any outstanding balance for a covered service not paid for by the carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person.

(4) An out-of-network facility may initiate arbitration pursuant to section 10-16-704 (15) if the facility believes the payment made pursuant to subsection (3) of this section is not sufficient.

(5) This section does not apply when a covered person voluntarily uses an out-of-network provider.

(6) A violation of this section is a deceptive trade practice pursuant to section 6-1-105 (1)(xxx).
C.R.S. § 25-7-127 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-127
25-7-127. Continuance of existing rules and orders
Status: repealed

25-7-127. Continuance of existing rules and orders. (1) All rules or amendments to existing rules adopted by the commission on or after June 20, 1979, are subject to section 24-4-103.

(2) All actions, orders, and determinations by the division and the state board of health pursuant to article 29 of chapter 66, C.R.S. 1963, as that article existed on January 1, 1970, shall remain in full force and effect until countermanded or modified by the division.

(3) to (5) Repealed.
C.R.S. § 25-4-603 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-603
25-4-603. Report of person bitten by animal to health department or health officer
Status: in_force

25-4-603. Report of person bitten by animal to health department or health officer. Every physician after his first professional attendance upon a person bitten by a dog, cat, other pet animal, or other mammal, or any person having knowledge thereof, shall report to the health department or health officer in accordance with the provisions of section 25-1-122 (1).
C.R.S. § 25-17-308 — CO Code / Title 25 / Article 17 / Part 3 / Section 25-17-308
25-17-308. Rules
Status: in_force

25-17-308. Rules. The commission shall adopt rules necessary to implement this part 3.
C.R.S. § 25-7-124 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-124
25-7-124. Relationship with federal government, regional agencies, and other states
Status: repealed

25-7-124. Relationship with federal government, regional agencies, and other states. (1) The commission shall serve as the state agency for all purposes of the federal act and regulations promulgated under said act; except that the department of public health and environment shall accept and supervise the administration of loans and grants from the federal government and from other sources, public or private, which are received by the state for air pollution control purposes.

(2) Repealed.

(3) The department of public health and environment may enter into agreements with any air pollution control agencies of the federal government or other states and with regional air pollution control agencies, but any such agreement involving, authorizing, or requiring compliance in this state with any ambient air quality standard or emission control regulation shall not be effective unless or until the commission has held a hearing with respect to such standard or regulation and has adopted the same in compliance with section 25-7-110.
C.R.S. § 25-8-207 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-207
25-8-207. Review of classifications and standards
Status: in_force

25-8-207. Review of classifications and standards. (1) The commission, upon petition or upon its own motion, shall review, pursuant to section 24-4-103, C.R.S., any classification, standard, designation, or regulation adopted pursuant to sections 25-8-203, 25-8-204, and 25-8-209 for consistency with this subsection (1) and consistency with the policies set forth in sections 25-8-102 and 25-8-104. Rule-making hearings on petitions filed under this subsection (1) shall be held expeditiously with respect to such classifications, standards, designations, or regulations adopted prior to July 1, 1992. The commission shall make a finding of inconsistency where:

(a) Use classifications and water quality standards for aquatic life are more stringent than is necessary to protect fish life, shellfish life, and wildlife in water body segments which are reasonably capable of sustaining such fish life, shellfish life, and wildlife from the standpoint of physical, streambed, flow, habitat, climatic, and other pertinent characteristics;

(b) Any use classifications or water quality standards were adopted based upon material assumptions that were in error or no longer apply; or

(c) Any designation does not conform with the provisions of section 25-8-209.

(2) Where the commission determines that an inconsistency exists, it shall declare the inconsistent classifications or standards void ab initio and shall simultaneously establish appropriate classifications or standards.
C.R.S. § 25-13-108 — CO Code / Title 25 / Article 13 / Section 25-13-108
25-13-108. Water supplies
Status: in_force

25-13-108. Water supplies. All water supplied to the public in an organized campground shall conform to the requirements of standards adopted by the board, rules and regulations adopted by the board, or any higher local standards.
C.R.S. § 25-48-115 — CO Code / Title 25 / Article 48 / Section 25-48-115
25-48-115. Insurance or annuity policies
Status: in_force

25-48-115. Insurance or annuity policies. (1) The sale, procurement, or issuance of, or the rate charged for, any life, health, or accident insurance or annuity policy must not be conditioned upon, or affected by, an individual's act of making or rescinding a request for medical aid-in-dying medication in accordance with this article.

(2) A qualified individual's act of self-administering medical aid-in-dying medication pursuant to this article does not affect a life, health, or accident insurance or annuity policy.

(3) An insurer shall not deny or otherwise alter health-care benefits available under a policy of sickness and accident insurance to an individual with a terminal illness who is covered under the policy, based on whether or not the individual makes a request pursuant to this article.

(4) An individual with a terminal illness who is a member of medical assistance under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, shall not be denied benefits under the medical assistance program or have the member's benefits under the program otherwise altered based on whether or not the member makes a request pursuant to this article 48.
C.R.S. § 25-51-101 — CO Code / Title 25 / Article 51 / Section 25-51-101
25-51-101. Short title
Status: in_force

25-51-101. Short title. The short title of this article 51 is the "Colorado Candor Act".
C.R.S. § 25-1.5-608 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-608
25-1.5-608. Provision of volunteer health or veterinary services - administrative sanctions
Status: in_force

25-1.5-608. Provision of volunteer health or veterinary services - administrative sanctions. (a) Subject to subsections (b) and (c) of this section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.

(b) Except as otherwise provided in subsection (c) of this section, this part 6 does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.

(c) The disaster management agency may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this part 6, and, with regard to emergencies that require only veterinary services, the department of agriculture may modify or restrict the veterinary services that volunteer health practitioners may provide pursuant to this part 6. An order under this subsection (c) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the "State Administrative Procedure Act", article 4 of title 24.

(d) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this part 6.

(e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:

(1) The practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or

(2) From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.

(f) In addition to the authority granted by law of this state other than this part 6 to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:

(1) May impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;

(2) May impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and

(3) Shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.

(g) In determining whether to impose administrative sanctions under subsection (f) of this section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill.
C.R.S. § 25-4-500.3 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-500.3
25-4-500.3. Definitions
Status: in_force

25-4-500.3. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Active tuberculosis" means a diagnosis of tuberculosis demonstrated by clinical, bacteriologic, or diagnostic imaging evidence, or a combination thereof. A person who has been diagnosed as having active tuberculosis and has not completed a course of antituberculosis treatment is still considered to have active tuberculosis and may be infectious.

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

(3) "Contact" means a person who has shared the same air space with a person who has active tuberculosis.

(4) "Contagious" means having a disease that may be transmitted from one living person to another through direct or indirect contact.

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

(6) "Health officer" means the executive director of the department, the state chief medical officer, and county or district public health directors.

(7) "Infectious" means contagious.

(8) "Isolation" means separation of a person infected, or suspected to be infected, with tuberculosis from other persons to prevent the spread of tuberculosis.

(9) "Latent tuberculosis infection" means that tuberculosis organisms are present in a person's body, but the person does not have tuberculosis or symptoms, nor is the person infectious. Such a person usually has a positive reaction to the tuberculin skin test.

(10) "Local health officer" means the chief medical health officer of a county, district, or municipal public health agency or the health officer for a public health nursing service.

(11) "Multidrug-resistant tuberculosis" means tuberculosis caused by tuberculosis organisms that are resistant to at least the drugs isoniazid and rifampin.

(12) "Screening" means measures used to identify persons who have active tuberculosis or latent tuberculosis infection.

(13) "State chief medical officer" means the chief medical officer of the department, as described in section 25-1-105, or the executive director of the department.

(14) "Suspected case of active tuberculosis", "suspected case of tuberculosis", "suspected tuberculosis", or "suspected tuberculosis case" means a diagnosis of tuberculosis is being considered for a person, whether or not antituberculosis therapy has been started.

(15) "Tubercle bacilli" means tuberculosis organisms.

(16) "Tuberculosis" means a potentially fatal contagious disease caused by the bacterial microorganisms of the mycobacterium tuberculosis complex that can affect almost any part of the body but most commonly affects the lungs.
C.R.S. § 25-29-117 — CO Code / Title 25 / Article 29 / Section 25-29-117
25-29-117. Refunding bonds
Status: in_force

25-29-117. Refunding bonds. (1) The board of directors may provide for the issuance of refunding obligations of the authority for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations, and for any corporate purpose of the authority.

(2) Refunding obligations issued as provided in subsection (1) of this section may be sold or exchanged for outstanding obligations issued under this article, and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, the accrued interest, and any redemption premium on the obligations being refunded and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
C.R.S. § 25-20.5-408 — CO Code / Title 25 / Article 20.5 / Part 4 / Section 25-20.5-408
25-20.5-408. Access to records
Status: in_force

25-20.5-408. Access to records. (1) Review team access to records. (a) Notwithstanding any other state law to the contrary but subject to the requirements of applicable provisions of federal law, the state review team and the local or regional review teams have access to all records and information in the possession of the state department of human services and the county departments of human or social services that are relevant to the review of a child fatality, including records and information related to previous reports and investigations of suspected child abuse or neglect.

(b) Except as otherwise provided in paragraph (c) of this subsection (1), notwithstanding any other state law to the contrary, but subject to the requirements of applicable provisions of federal law, the state review team and the local or regional review teams shall have access to all other records and information that are relevant to a review of a child fatality and that are in the possession of a state or local governmental agency. These records include, but are not limited to, birth certificates, records of coroner or medical examiner investigations, and records of the department of corrections.

(c) Treatment records for behavioral, mental health, or substance use disorders may be accessed only with the written consent of appropriate parties in accordance with applicable federal and state law.

(2) Public access to records and information. (a) Open meetings. Meetings of the state review team and local or regional review teams shall be subject to the provisions of section 24-6-402, C.R.S.

(b) Confidentiality. Each member of the state review team, each member of a local or regional review team, and each invited participant at a meeting shall sign a statement indicating an understanding of and adherence to confidentiality requirements. A person who knowingly violates confidentiality requirements commits a petty offense and, upon conviction, shall be punished as provided in section 18-1.3-503.

(c) Release of information. (I) Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team may release information to governmental agencies as necessary to fulfill the requirements of this part 4, including section 25-20.5-405 (2)(d), and section 19-3.3-103 (1)(a)(II)(D).

(II) Members of the state review team, members of the local or regional review teams, a person who attends a review team meeting, and a person who presents information to a review team shall not be subject to examination, in any civil or criminal proceeding, concerning information presented to members of the review team or opinions formed by the review team based on that information. A person may, however, be examined concerning information reviewed by the state review team or a local or regional review team that is otherwise available to the public or that is required to be revealed by that person in another official capacity.

(III) Information, documents, and records of the state review team and the local or regional review teams shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; except that information, documents, and records that would otherwise be available from a person serving on the state review team or a local or regional review team or that would otherwise be required to be revealed by law shall not be immune from subpoena, discovery, or introduction into evidence solely because the information was presented at or became available due to a proceeding of the state review team or a local or regional review team.

(IV) Information received by the state review team or a local or regional review team that contains information exculpatory to a person charged with a criminal offense shall be subject to release pursuant to the rules of criminal procedure.
C.R.S. § 25-10-109 — CO Code / Title 25 / Article 10 / Section 25-10-109
25-10-109. Licensing of systems contractors and systems cleaners
Status: in_force

25-10-109. Licensing of systems contractors and systems cleaners. (1) The local board of health may adopt rules that provide for the licensing of systems contractors. The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems contractor and for a renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may revoke the license of a systems contractor for violation of this article or the rules adopted under this article or for other good cause shown, after a hearing conducted upon reasonable notice to the systems contractor and at which the systems contractor may be present, with counsel, and be heard.

(2) The local board of health may adopt rules that provide for the licensing of systems cleaners, pursuant to section 25-10-104 (2). The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems cleaner and for the renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may suspend or revoke the license of a systems cleaner for violation of this article or the rules adopted under this article or for other good cause shown after a hearing conducted upon reasonable notice to the systems cleaner and at which the systems cleaner may be present, with counsel, and be heard.
C.R.S. § 25-1-501 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-501
25-1-501. Legislative declaration
Status: in_force

25-1-501. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The public health system reduces health-care costs by preventing disease and injury, promoting healthy behavior, and reducing the incidents of chronic diseases and conditions. Thus, the public health system is a critical part of any health-care reform.

(b) Each community in Colorado should provide high-quality public health services regardless of its location. Thus, the state of Colorado and each local public health agency should have a comprehensive public health plan outlining how quality public health services will be provided.

(c) Each county should establish or be part of a local public health agency organized under a local board of health with a public health director and other staff necessary to provide public health services;

(d) A strong public health infrastructure is needed to provide essential public health services and is a shared responsibility among state and local public health agencies and their partners within the public health system; and

(e) Developing a strong public health infrastructure requires the coordinated efforts of state and local public health agencies and their public and private sector partners within the public health system to:

(I) Identify and provide leadership for the provision of essential public health services;

(II) Develop and support an information infrastructure that supports essential public health services and functions;

(III) Develop and provide effective education and training for members of the public health workforce;

(IV) Develop performance-management standards for the public health system that are tied to improvements in public health outcomes or other measures; and

(V) Develop a comprehensive plan and set priorities for providing essential public health services.
C.R.S. § 25-56-105 — CO Code / Title 25 / Article 56 / Section 25-56-105
25-56-105. Injunctive and equitable relief - expedited judicial review - limitations
Status: in_force

25-56-105. Injunctive and equitable relief - expedited judicial review - limitations. (1) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article 56, the affected individual may commence a civil action for injunctive or equitable relief against the covered entity for purposes of enforcing compliance. The action may be brought in district court for the county where the affected individual resides or resided or the district court for the county where the affected individual was denied the organ transplant or referral.

(2) In an action brought under this article 56, the court must give priority on its docket and expedited review and may grant injunctive or other equitable relief, including:

(a) Requiring auxiliary aids or services to be made available for a qualified recipient;

(b) Requiring the modification of a policy, practice, or procedure of a covered entity; or

(c) Requiring health-care facilities be made readily accessible to and usable by a qualified recipient.

(3) Nothing in this article 56 is intended to limit or replace available remedies under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, or any other applicable law.

(4) This article 56 does not create a right to compensatory or punitive damages against a covered entity.
C.R.S. § 25-17-702 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-702
25-17-702. Legislative declaration
Status: in_force

25-17-702. Legislative declaration. (1) The general assembly finds and declares that:

(a) Recycling has a positive impact on the environment and public health by saving energy, conserving natural resources, and reducing greenhouse gas emissions;

(b) Recycling has a positive benefit on Colorado's economy, with the recycling, remanufacturing, and reuse industries affecting eighty-six thousand jobs in Colorado and contributing over eight billion dollars in economic benefits annually;

(c) In 2020, Colorado only recycled fifteen percent of its waste, which is less than half of the national average;

(d) Colorado is not on track to meet the statewide recycling and waste diversion goals that the pollution prevention advisory board assistance committee adopted in 2016 and set forth in an integrated solid waste and materials management plan;

(e) There can be negative environmental, social, economic, and health impacts in the production, consumption, and end-of-use management of consumer products and packaging across their life cycles;

(f) All parties have the obligation to share in the responsibility to reduce negative impacts of end-of-use management for covered materials by building a system designed to minimize waste and to increase reuse and recycling of products and packaging; and

(g) A producer responsibility program in Colorado would:

(I) Establish a centralized system for managing recycling in the state that is funded through annual producer responsibility dues paid by the producers of covered materials;

(II) Establish a clear and uniform statewide list of readily recyclable materials;

(III) Provide a sustainable funding mechanism for recycling services and recycling infrastructure across all areas of Colorado;

(IV) Promote the increased use of readily recyclable materials in new products and packaging;

(V) Encourage producers to design and manage covered materials to prevent or minimize their negative environmental, social, economic, and health impacts;

(VI) Be managed by an independent nonprofit organization that consults with an advisory board of recycling experts and would be overseen by the department;

(VII) Invest in recycling end-market development and innovations that could attract new businesses to Colorado and create a more resilient domestic supply chain; and

(VIII) Leverage existing recycling systems and infrastructure by working with both public and private service providers.

(2) The general assembly therefore declares that it is in the public interest of Colorado to require producers to finance a producer responsibility program that provides statewide recycling services for covered materials.
C.R.S. § 25-2-106 — CO Code / Title 25 / Article 2 / Section 25-2-106
25-2-106. Reports of marriage
Status: in_force

25-2-106. Reports of marriage. Each county clerk and recorder shall prepare a report containing such information and using such form as may be prescribed and furnished by the state registrar with respect to every duly executed marriage certificate that is returned in accordance with section 14-2-109, C.R.S. On or before the tenth day of each month, or more frequently if so requested by the state registrar, such clerk and recorder shall forward to the state registrar all such marriage reports for all marriage certificates returned in the preceding period. Certified copies of marriage certificates may be issued by any clerk and recorder.
C.R.S. § 25-21.5-102 — CO Code / Title 25 / Article 21.5 / Section 25-21.5-102
25-21.5-102. Legislative declaration
Status: in_force

25-21.5-102. Legislative declaration. (1) The general assembly finds and declares that:

(a) Statewide, students miss seven million eight hundred thousand school hours each year due to oral pain. Nationwide, workers miss one hundred sixty-four million work hours each year due to dental issues.

(a.5) Untreated dental decay in children adversely affects school performance and behavior and contributes to overall physical and mental health complications for affected children.

(b) Untreated dental decay is the most common chronic disease of childhood, and more than half of children six years of age and older but under nine years of age have had a cavity in at least one of their primary teeth.

(c) Children in low-income schools have twice as much untreated tooth decay and are twice as likely to have a history of cavities than children who are not in low-income schools.

(c.3) Screening and prevention are essential to breaking the cycle of dental decay.

(c.5) Improved dental screening and prevention could reduce treatment costs for families and state-financed programs like the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, and the "Children's Basic Health Plan Act", article 8 of title 25.5, which cover approximately one-third of Colorado kids.

(d) Among children, ninety percent of dental decay is in the pits and fissures of posterior permanent teeth.

(e) Children who have received dental sealants in a school-based program have, for a period of up to five years, sixty percent fewer new decayed pit and fissure surfaces in their posterior permanent teeth than children who have not received an application of dental sealants.

(e.5) Improved oral health screening and prevention, with referral for treatment, would reduce chronic absenteeism and improve the health and well-being of and learning outcomes for Colorado children.

(f) Fluoride is nature's cavity fighter. Fluoride occurs naturally in almost all water sources. Since 1948, scientific research has shown that community water fluoridation can reduce the incidence of dental cavities.

(g) Community water fluoridation is the process of adjusting the level of fluoride found naturally in water to a level recommended to protect against dental decay. The centers for disease control named community water fluoridation as one of ten great public health achievements of the twentieth century.

(h) Water fluoridation is safe and provides the most cost-effective means to prevent tooth decay for persons of all ages and socioeconomic backgrounds.

(i) Water fluoridation is one of the most researched and cost-effective oral health interventions available, as the average cost of one dental filling can fund a lifetime of fluoridation, which is known to prevent eighteen to forty percent of cavities in both children and adults.

(2) The general assembly further finds that improving access to oral health screening, oral health-care services, and fluoridated water for all Coloradans, particularly low-income Coloradans, will reduce the burden of oral disease. Therefore, the Colorado oral health community grants program dedicates itself to improving access to oral health-care screening and services by working with public schools, community stakeholders, professional organizations, and direct recipients of oral health care to remove barriers to access to oral health care.

(3) The purpose of this article 21.5 is to promote the public health and welfare of Coloradans by providing a grant program to:

(a) Conduct oral health screening for public school children in kindergarten and third grade;

(b) Provide oral health services, including sealants, to school children; and

(c) Assist communities in attaining optimal levels of fluoride in drinking water provided by community water systems as a means of preventing dental decay.
C.R.S. § 25-4-1405 — CO Code / Title 25 / Article 4 / Part 14 / Section 25-4-1405
25-4-1405. AIDS and HIV prevention fund - administration - limitation
Status: in_force

25-4-1405. AIDS and HIV prevention fund - administration - limitation. (1) There is hereby created in the state treasury the AIDS and HIV prevention fund, referred to in this section as the "fund", which consists of moneys that may be appropriated to the fund by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the program. Any moneys in the fund not expended for the purpose of the program may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund must be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.

(2) Pursuant to section 24-75-1104.5 (1.7)(g), C.R.S., and except as otherwise provided in section 24-75-1104.5 (5), C.R.S., for the 2016-17 fiscal year and for each fiscal year thereafter so long as the state receives moneys pursuant to the master settlement agreement, the state treasurer shall annually transfer to the fund three and one-half percent of the total amount of the moneys received by the state pursuant to the master settlement agreement, not including attorney fees and costs, during the preceding fiscal year. The state treasurer shall transfer the amount specified in this subsection (2) from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115, C.R.S.

(3) The department may receive up to five percent of the moneys annually appropriated by the general assembly to the department from the fund created in subsection (1) of this section for the actual costs incurred in administering the program.
C.R.S. § 25-4-701 — CO Code / Title 25 / Article 4 / Part 7 / Section 25-4-701
25-4-701. Definitions
Status: in_force

25-4-701. Definitions. As used in this part 7, unless the context otherwise requires:

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

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

(3) "Pet animal facility" means any place or premises used in whole or in part for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or transferring such animals.

(4) "Psittacine birds" includes all birds of the order psittaciformes.
C.R.S. § 25-20.5-107 — CO Code / Title 25 / Article 20.5 / Part 1 / Section 25-20.5-107
25-20.5-107. Memoranda of understanding - duties of executive director - program meetings
Status: repealed

25-20.5-107. Memoranda of understanding - duties of executive director - program meetings. (Repealed)
C.R.S. § 25-1.5-109 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-109
25-1.5-109. Food allergies and anaphylaxis form for schools - powers and duties of departmen
Status: in_force

25-1.5-109. Food allergies and anaphylaxis form for schools - powers and duties of department. The department has, in addition to all other powers and duties imposed upon it by law, the duty to develop, maintain, and make available to school districts and institute charter schools a standard form to be used by school districts and institute charter schools to gather information from physicians and parents and guardians of students concerning students' risks of food allergies and anaphylaxis and the treatment thereof. The standard form shall include, at a minimum, fields for gathering the information described in section 22-2-135 (3)(b), C.R.S.
C.R.S. § 25-3.5-203.5 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-203.5
25-3.5-203.5. Community paramedic endorsement - rules
Status: in_force

25-3.5-203.5. Community paramedic endorsement - rules. (1) On or before January 1, 2018, the board shall adopt rules in accordance with article 4 of title 24, C.R.S., for community paramedics including standards for:

(a) The department's issuance of an endorsement in community paramedicine to an emergency medical service provider;

(b) Verifying an emergency medical service provider's competency to be endorsed as a community paramedic. The standards must include a requirement that the emergency medical service provider has obtained from an accredited paramedic training center or an accredited college or university a certificate of completion for a course in community paramedicine with competency verified by a passing score on an examination offered nationally and recognized in Colorado for certifying competency to serve as a community paramedic.

(c) Continuing competency to maintain a community paramedic endorsement.

(2) Rules adopted under this section supersede any rules of the Colorado medical board regarding the matters set forth in this part 2.
C.R.S. § 25-25-131 — CO Code / Title 25 / Article 25 / Section 25-25-131
25-25-131. Annual report
Status: in_force

25-25-131. Annual report. The authority shall submit to the governor within six months after the end of the fiscal year a report which shall set forth a complete and detailed operating and financial statement of the authority during such year. Also included in the report shall be any recommendations with reference to additional legislation or other action that may be necessary to carry out the purposes of the authority.
C.R.S. § 25-5.5-307 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-307
25-5.5-307. Water ice - standards
Status: in_force

25-5.5-307. Water ice - standards. Water ice conforms in all respects to the definition and standard of identity for sherbet prescribed in section 25-5.5-306; except that the mix need not be pasteurized and, since it does not contain any of the optional dairy ingredients, it does not meet the provision respecting total milk solids and butterfat.
C.R.S. § 25-20.5-402 — CO Code / Title 25 / Article 20.5 / Part 4 / Section 25-20.5-402
25-20.5-402. Legislative declaration
Status: in_force

25-20.5-402. Legislative declaration. (1) The general assembly hereby finds and declares that protection of the health and welfare of the children of this state is an important goal of the citizens of this state, and the injury and death of infants and children are serious public health concerns that require legislative action. The general assembly further finds that the prevention of child abuse, neglect, and fatalities is a community responsibility; that professionals from disparate disciplines have responsibilities to children and have expertise that can promote the safety and well-being of children; and that multidisciplinary reviews of child abuse, neglect, and fatalities can lead to a greater understanding of the causes of, and methods of preventing, child abuse, neglect, and fatalities.

(2) It is, therefore, the intent of the general assembly in enacting this part 4 to establish state and local multidisciplinary, multi-agency child fatality prevention review teams. The purpose of these teams is:

(a) For local or regional review teams, to review specific cases of child fatalities in the team's service area that occur from birth through seventeen years of age and involve unintentional injury, violence, motor vehicle incidents, child abuse or neglect, sudden unexpected infant death, suicide, or undetermined causes and to provide the state with individual case findings to develop a community approach to the systemic issues surrounding child fatalities;

(b) For the state review team, to review the individual case findings of the local and regional review teams and to create a report based on those findings to make specific recommendations regarding systemic trends across the state that may help prevent future child fatalities;

(c) To help the people of Colorado understand the incidence and causes of child fatalities and therefore encourage public action to prevent further child fatalities;

(d) To identify services provided by public, private, and nonprofit agencies to children and their families that are designed to prevent, and that are effective in preventing, child fatalities;

(e) To identify gaps or deficiencies that may exist in the delivery of services provided by public, private, and nonprofit agencies to children and their families that are designed to prevent child fatalities; and

(f) To make recommendations for, act as a catalyst for, and implement any changes to laws, rules, and policies that will support the safe and healthy development of the children in this state and prevent future child fatalities.
C.R.S. § 25-3-103.1 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-103.1
25-3-103.1. Health facilities general licensure cash fund
Status: in_force

25-3-103.1. Health facilities general licensure cash fund. (1) All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the health facilities general licensure cash fund, which fund is hereby created.

(2) The general assembly shall make annual appropriations from the health facilities general licensure cash fund to partially reimburse the department of public health and environment for the direct and indirect costs of the department incurred in the performance of its duties pursuant to this article 3. No appropriation shall be made out of the cash fund for expenditures incurred by the department pursuant to section 25-1.5-103 (1)(a)(II) in carrying out duties relating to health facilities wholly owned and operated by a governmental unit or agency.
C.R.S. § 25-1-514 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-514
25-1-514. Legal adviser - county attorney - actions
Status: in_force

25-1-514. Legal adviser - county attorney - actions. The county attorney for the county or the district attorney of the judicial district in which a cause of action arises shall bring any civil or criminal action requested by a county or district public health director to abate a condition that exists in violation of, or to restrain or enjoin any action that is in violation of, or to prosecute for the violation of or for the enforcement of, the public health laws and the standards, orders, and rules of the state board or a county or district board of health. If the county attorney or the district attorney fails to act, the public health director may bring an action and be represented by special counsel employed by him or her with the approval of the county or district board. An agency, through its county or district board of health or through its public health director, may employ or retain and compensate an attorney to be the legal adviser of the agency and to defend the agency and the officers and employees of the agency against all actions and proceedings brought against them.
C.R.S. § 25-5-316 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-316
25-5-316. Penalty for violation
Status: in_force

25-5-316. Penalty for violation. Any person who violates any provision of this part 3 shall be subject to a civil penalty of not more than one thousand dollars. Such penalty shall be determined and collected by the district court for the judicial district in which such violation occurs upon an action instituted by the department of public health and environment. In determining the amount of any such penalty, the court shall take into account the seriousness of the violation, whether the violation was willful or due to a mistake, the economic impact of the penalty upon the violator, and any other relevant factors. All penalties collected pursuant to this section shall be transmitted to the state treasurer and credited to the general fund. The court may also order that the violator pay any court costs of such action, and the court may order that the violator pay restitution to any person damaged by such violation. Any person damaged by a violation of this part 3 may maintain a civil suit for damages against any violator responsible for such damages.
C.R.S. § 25-4-1806 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1806
25-4-1806. Shellfish dealers - certificate required - application - fees
Status: in_force

25-4-1806. Shellfish dealers - certificate required - application - fees. (1) Any person desiring to do business as a shellfish dealer in Colorado shall apply for and obtain a valid shellfish dealer certification issued by the department pursuant to this part 18 and any rules adopted pursuant thereto. Any such application shall be accompanied by the appropriate fee, if any, set by the department.

(2) Each shellfish dealer certification shall expire on June 30 in the year following the year of issuance.

(3) Each certificated shellfish dealer shall report to the department, in the form and manner required by the department, any change in the information provided in the dealer's application or in such reports previously submitted, within thirty days of such change.

(4) Certifications issued pursuant to this part 18 are not transferable.

(5) An application for renewal of a shellfish dealer certification shall be in the form and manner prescribed by the department.

(6) The department shall issue only one certification number to any dealer for any location. A dealer may maintain more than one certification if each business is operated as a separate entity and is not found at the same location.

(7) The certification number issued to any dealer by the department shall be unique. Each certification number shall consist of a one- to five-digit Arabic number preceded by the two-letter state postal abbreviation ("CO") and followed by a two-letter abbreviation for the type of activity or activities the dealer is qualified to perform in accordance with the following terms as defined in section 25-4-1802:

(a) Shell stock shipper (SS);

(b) Shucker-packer (SP);

(c) Repacker (RP);

(d) Reshipper (RS);

(e) Depuration processor (DP); or

(f) Wet storage (WS).

(8) All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the wholesale food manufacturing and storage protection cash fund created in section 25-5-426.
C.R.S. § 25-5.5-208 — CO Code / Title 25 / Article 5.5 / Part 2 / Section 25-5.5-208
25-5.5-208. Seizure of products
Status: in_force

25-5.5-208. Seizure of products. Imitation dairy products illegally held or otherwise involved in a violation of this part 2 shall be subject to seizure and disposition in accordance with an appropriate order of court.
C.R.S. § 25-5-1505 — CO Code / Title 25 / Article 5 / Part 15 / Section 25-5-1505
25-5-1505. Records
Status: in_force

25-5-1505. Records. A covered entity shall retain sale and transfer records and documentation for each purchase or transfer of a covered product for three years after the date of sale or transfer.
C.R.S. § 25-21.5-101 — CO Code / Title 25 / Article 21.5 / Section 25-21.5-101
25-21.5-101. Short title
Status: in_force

25-21.5-101. Short title. This article shall be known and may be cited as the "Colorado Oral Health Community Grants Program Act".
C.R.S. § 25-4-1310 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1310
25-4-1310. Accessibility
Status: in_force

25-4-1310. Accessibility. Individual product modules shall be designed to be easily removable from a display unit for servicing unless the product modules are so designed and fabricated that they can be effectively cleaned and sanitized when necessary through a manual in-place cleaning procedure that will not contaminate or otherwise adversely affect bulk foods or equipment in any adjoining display areas.
C.R.S. § 25-7-131 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-131
25-7-131. Training programs - emission controls
Status: repealed

25-7-131. Training programs - emission controls. (1) (a) State-employed investigators shall complete a training course and pass qualification tests as developed and approved by the commission, after conferring with the department of revenue, as related to the orientation and basic maintenance procedures on air pollution control systems installed by manufacturers. The commission may waive the requirement for completion of such a training course under such circumstances as the commission deems appropriate. Only inspectors passing said qualification tests shall perform emissions inspections. The commission may require that inspection stations have on hand any equipment necessary to complete emissions inspections as provided for in this section.

(b) Repealed.

(1.1) Repealed.

(2) The training programs provided for by this section shall be oriented toward basic motor vehicle air pollution control systems installed in motor vehicles by the manufacturers and shall be made available to motor vehicle mechanics on a voluntary basis in such air quality control areas as the commission may designate in coordination with educational facilities throughout the state in which it may certify to conduct such training.

(3) and (4) Repealed.
C.R.S. § 25-27.6-110 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-110
25-27.6-110. License denial, suspension, or revocation
Status: in_force

25-27.6-110. License denial, suspension, or revocation. (1) When an application for an initial license pursuant to section 25-27.6-106 has been denied by the department, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on the application. Any applicant aggrieved by a denial may pursue a review as provided in article 4 of title 24, and the department shall follow the provisions and procedures specified in article 4 of title 24.

(2) (a) The department may suspend, revoke, or refuse to renew the license of any behavioral health entity that is out of compliance with the requirements of this article 27.6 or the rules promulgated thereunder. Suspension, revocation, or refusal must be done after a hearing thereon and in compliance with the provisions and procedures specified in article 4 of title 24.

(b) (I) The department may impose intermediate restrictions or conditions on a licensee that operates a behavioral health entity that may include one or more of the restrictions or conditions specified in section 25-27-106 (2)(b).

(II) If the department assesses a civil fine pursuant to this subsection (2)(b), the department shall transmit the money to the state treasurer, who shall credit the money to the general fund.
C.R.S. § 25-8-205.9 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205.9
25-8-205.9. Control regulations for reuse of reclaimed domestic wastewater - industrial hemp
Status: in_force

25-8-205.9. Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Category 1 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and total suspended solids standards promulgated by the commission for category 1 water.

(b) "Category 2 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 2 water.

(c) "Category 3 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 3 water.

(d) "E. coli" means the Escherichia coli bacteria that are found in the environment, foods, and intestines of people and animals.

(e) (I) "Food crop" means a crop produced for direct human consumption or a tree that produces nuts or fruit intended for direct human consumption.

(II) "Food crop" does not include a crop produced for animal consumption only; except that a crop produced where lactating dairy animals forage is a food crop.

(f) "Industrial hemp" has the same meaning as set forth in section 35-61-101 (7).

(g) "Point of compliance" means a point, as identified by the person that treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2) Reclaimed domestic wastewater may be used as follows:

(a) In compliance with the category 1 standard, for:

(I) Evaporative industrial processes;

(II) Nonevaporative industrial processes;

(III) Nondischarging construction and road maintenance;

(IV) Landscape irrigation at sites with restricted access;

(V) Zoo operations;

(VI) When not used as a food crop, irrigation of industrial hemp or another crop; and

(VII) Silviculture;

(b) In compliance with the category 2 standard, for:

(I) All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard;

(II) Washwater applications;

(III) Landscape irrigation at sites without restricted access;

(IV) Commercial laundries;

(V) Automated vehicle washing;

(VI) Manual, nonpublic vehicle washing; and

(VII) Nonresidential fire protection;

(c) In compliance with the category 3 standard, for:

(I) All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard and the category 2 standard;

(II) Landscape irrigation at sites that are controlled by residents; and

(III) Residential fire protection.

(3) All reclaimed domestic wastewater systems must be compliant with and installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4) (a) On or before December 31, 2019, the commission may promulgate rules in accordance with this section.

(b) In promulgating rules in accordance with this section, the commission:

(I) May create new categories of water quality standards beyond the three categories set forth in this section; and

(II) May recategorize any of the uses set forth in subsection (2) of this section to a less stringent category of water quality standard.

(c) The commission, by rule, may authorize additional uses of reclaimed domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d) The commission may promulgate rules more stringent than the standards and categories set forth in subsection (2) of this section only if the commission:

(I) Determines that the standards and categories set forth in subsection (2) of this section are not protective of public health; and

(II) Identifies:

(A) A documented incident of microbial disease that the commission determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B) A peer-reviewed published article that identifies a potential public health risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(5) Following a public stakeholders process, the water quality control division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(6) In addition to the relief available under section 25-8-205 (6), the division may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (4) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(7) Use of reclaimed domestic wastewater is allowed only in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.
C.R.S. § 25-3-131 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-131
25-3-131. Maternal health-care services - discontinuation - required notifications - defin
Status: repealed

25-3-131. Maternal health-care services - discontinuation - required notifications - definitions - repeal. (1) Except as provided in subsection (3) of this section, at least ninety days before a hospital providing maternal health-care services or a birth center may discontinue such services, the facility shall provide notice to:

(a) The department of public health and environment responsible for licensing health facilities pursuant to section 25-3-101;

(b) The primary care office, created in section 25-1.5-403;

(c) The governor;

(d) All patients receiving maternal health-care services at the facility as of the date of the notice;

(e) All health-care providers that provide maternal health-care services for the facility as of the date of the notice; and

(f) The general public.

(2) The notice required in subsection (1) of this section must include:

(a) A description of the maternal health-care services being discontinued;

(b) The rate the maternal health-care services had been provided at in the previous year;

(c) The number and type of health-care providers impacted;

(d) The proposed plan for transitioning patients to new health-care providers; and

(e) The proposed plan for transitioning the health-care providers to new positions.

(3) (a) In the event of an emergency, a facility shall provide the notice required in subsection (1) of this section on the day a definitive plan for alternative patient care has been arranged or within seven days after the emergency has been identified, whichever is earlier.

(b) This subsection (3) does not apply in the event of an emergency covered by rules promulgated by the department of public health and environment if such emergency affects the physical space of the facility and necessitates the removal of clients, employees, or contractors from the facility.

(4) As used in this section:

(a) "Emergency" means a sudden and unforeseen circumstance or financial impediment that would inhibit a hospital's ability to safely and effectively operate a maternal health-care service.

(b) "Maternal health-care services" means health-care services provided to an individual regarding care related to the individual's pregnancy, childbirth, and postpartum period.

(5) This section is repealed, effective July 1, 2027.
C.R.S. § 25-1.5-610 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-610
25-1.5-610. Rules
Status: in_force

25-1.5-610. Rules. The executive director of the department of public health and environment may promulgate rules to implement this part 6. In doing so, the executive director shall consult with and consider the recommendations of the department of agriculture with regard to veterinary services and the entity established to coordinate the implementation of the emergency management assistance compact and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this part 6 and make the emergency response systems in the various states reasonably compatible.
C.R.S. § 25-3-104 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-104
25-3-104. Reports
Status: in_force

25-3-104. Reports. Any person, partnership, association, or corporation maintaining any hospital or other facility for the treatment or care of the sick or injured shall make a report to the department of public health and environment upon request but not more frequently than quarterly. The department of public health and environment shall have power to investigate and shall have free access to such facilities consistent with section 25-1.5-103 (1)(a).
C.R.S. § 25-4-1616 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1616
25-4-1616. Food donations to nonprofit organizations encouraged
Status: in_force

25-4-1616. Food donations to nonprofit organizations encouraged. Each retail food establishment is encouraged to donate apparently wholesome food to one or more local nonprofit organizations for distribution to needy or poor individuals.
C.R.S. § 25-16-308 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-308
25-16-308. Environmental assessment - requirements
Status: in_force

25-16-308. Environmental assessment - requirements. (1) The department may only accept environmental assessments under this part 3 that are prepared by a qualified environmental professional. A qualified environmental professional is a person with education, training, and experience in preparing environmental studies and assessments.

(2) The environmental assessment described in section 25-16-304 (2)(a) shall include the following information:

(a) The legal description of the site and a map identifying the location and size of the property;

(b) The physical characteristics of the site and areas contiguous to the site, including the location of any surface water bodies and groundwater aquifers;

(c) The location of any wells located on the site or on areas within a one-half mile radius of the site and a description of the use of those wells;

(d) The current and proposed use of on-site groundwater;

(e) The operational history of the site and the current use of areas contiguous to the site;

(f) The present and proposed uses of the site;

(g) Information concerning the nature and extent of any contamination and releases of hazardous substances or petroleum products which have occurred at the site including any impacts on areas contiguous to the site;

(h) Any sampling results or other data which characterizes the soil, groundwater, or surface water on the site; and

(i) A description of the human and environmental exposure to contamination at the site based upon the property's current use and any future use proposed by the property owner.
C.R.S. § 25-17-603 — CO Code / Title 25 / Article 17 / Part 6 / Section 25-17-603
25-17-603. Repeal of part
Status: repealed

25-17-603. Repeal of part. This part 6 is repealed, effective September 1, 2030. Before the repeal, the functions of the center are scheduled for review in accordance with section 24-34-104.
C.R.S. § 25-48-123 — CO Code / Title 25 / Article 48 / Section 25-48-123
25-48-123. No effect on advance medical directives
Status: in_force

25-48-123. No effect on advance medical directives. Nothing in this article shall change the legal effect of:

(1) A declaration made under article 18 of title 15, C.R.S., directing that life-sustaining procedures be withheld or withdrawn;

(2) A cardiopulmonary resuscitation directive executed under article 18.6 of title 15, C.R.S.; or

(3) An advance medical directive executed under article 18.7 of title 15, C.R.S.
C.R.S. § 25-5-1503 — CO Code / Title 25 / Article 5 / Part 15 / Section 25-5-1503
25-5-1503. Sale or transfer of covered products to commercial businesses
Status: in_force

25-5-1503. Sale or transfer of covered products to commercial businesses. (1) A covered entity may sell or transfer a covered product to a verified commercial business pursuant to this subsection (1). A commercial business is verified if, prior to the sale or transfer of the covered product:

(a) The commercial business affirms that the business requires covered products; and

(b) The covered entity has a system that verifies that the commercial business requires a covered product.

(2) The following systems, whether relied on solely or in combination, do not satisfy the verification obligation of the covered entity specified in subsection (1)(b) of this section:

(a) A sale verification system relying on the purchaser or recipient simply providing a statement of commercial need and intended usage without additional verification;

(b) A sale verification system relying on the purchaser or recipient using tick boxes to confirm that the purchaser or recipient is in a commercial business and requires covered products; or

(c) A sale verification system relying on the purchaser or recipient using an "accept" statement for the purchaser or recipient to confirm that the purchaser or recipient has read the terms and conditions.
C.R.S. § 25-42-106 — CO Code / Title 25 / Article 42 / Section 25-42-106
25-42-106. Call, notice, conduct, and determination of results of tax elections
Status: in_force

25-42-106. Call, notice, conduct, and determination of results of tax elections. An election held pursuant to this article may be conducted under the provisions of either the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., or the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S.
C.R.S. § 25-7-106.9 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-106.9
25-7-106.9. Alternative fuels financial incentive program
Status: repealed

25-7-106.9. Alternative fuels financial incentive program. (Repealed)
C.R.S. § 25-1.5-611 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-611
25-1.5-611. Civil liability for volunteer health practitioners - vicarious liability
Status: in_force

25-1.5-611. Civil liability for volunteer health practitioners - vicarious liability. A volunteer health practitioner's immunity from civil liability may be affected by section 13-21-115.5.
C.R.S. § 25-59-102 — CO Code / Title 25 / Article 59 / Section 25-59-102
25-59-102. Legislative declaration
Status: in_force

25-59-102. Legislative declaration. (1) The general assembly finds and declares that:

(a) The extraordinary gift of living organ donation has a transformative impact on a recipient's life, often providing a reprieve from exhaustive medical treatments and significantly improving the quality and length of life of the recipient;

(b) Despite the commendable rise in living organ donations, a critical shortage remains, with countless individuals on transplant waiting lists. This situation can be ameliorated by facilitating the donation process and providing robust support to donors.

(c) Living organ donors willingly accept the personal and medical burdens associated with the organ donation process, including undergoing comprehensive and invasive medical evaluations, facing the inherent risks of surgeries, and enduring the physical and emotional challenges of postoperative recovery;

(d) Living organ donors may be required to make substantial financial sacrifices, including suffering a loss of income during recovery; incurring expenses for travel, accommodations, and child care or elder care during hospitalization or recovery; and facing the potential for long-term financial implications related to medical care;

(e) Notwithstanding the willingness of donors to contribute to the public good, the potential for employment discrimination and retaliation post-donation, including job insecurity, demotions, or unwarranted disciplinary actions, can be a significant deterrent to prospective living organ donors;

(f) There are significant societal benefits to facilitating living organ donation, which not only saves lives but also reduces the overall health-care costs associated with long-term treatments for end-stage organ disease, such as dialysis for kidney failure, that are often more costly and less effective than transplantation;

(g) It is within the power and responsibility of the general assembly to enact measures that alleviate the burdens borne by living organ donors and to ensure that they are not penalized or placed at a disadvantage for their altruistic acts;

(h) By supporting living organ donors, Colorado not only invests in the health and well-being of its citizens but also fosters a culture of generosity and civic responsibility, promoting the welfare of the community at large; and

(i) Colorado's commitment to providing comprehensive support, including employment protections and the removal of financial barriers, in addition to other efforts that recognize a living organ donor's personal and financial sacrifice, empowers more Coloradans to consider the noble act of living organ donation.

(2) The general assembly further finds and declares that the enactment of the "CARE for Living Organ Donors Act" will address the critical needs of living organ donors, provide necessary protections for living organ donors, remove barriers to living organ donation, and honor those individuals who undertake this generous act of living organ donation that ultimately benefits society by increasing the availability of organs for transplantation and affirming Colorado's commitment to the health and dignity of its residents.
C.R.S. § 25-32-104 — CO Code / Title 25 / Article 32 / Section 25-32-104
25-32-104. Poison control services - statewide poison control oversight board - duties
Status: repealed

25-32-104. Poison control services - statewide poison control oversight board - duties. (Repealed)
C.R.S. § 25-14-207 — CO Code / Title 25 / Article 14 / Part 2 / Section 25-14-207
25-14-207. Other applicable regulations of smoking - local counterpart regulations authoriz
Status: in_force

25-14-207. Other applicable regulations of smoking - local counterpart regulations authorized. (1) This part 2 shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law.

(2) (a) (I) A local authority may, pursuant to article 16 of title 31, a municipal home rule charter, or article 15 of title 30, enact, adopt, and enforce smoking regulations that cover the same subject matter as the various provisions of this part 2; except that, unless otherwise authorized under subsection (2)(a)(II)(B) or (2)(a)(II)(C) of this section, a local authority may not adopt a local regulation of smoking that is less stringent than the provisions of this part 2.

(II) (A) A local authority is specifically authorized to specify a radius of more than twenty-five feet for the area included within an entryway.

(B) A local regulation that was adopted by a local authority before January 1, 2019, and that specifies a radius of less than twenty-five feet for the area included within an entryway remains valid and must be given effect after July 1, 2019.

(C) If a person owns or leases business premises that were under construction or renovation on July 1, 2019, and that complied with a local regulation of smoking that specified a radius of less than twenty-five feet for the area included within an entryway, and, as of July 1, 2019, has applied for or received from the municipality, city and county, or county in which the premises are located, a certificate of occupancy for the structure to be used for the business premises, the person is deemed in compliance with all local regulations specifying the radius of the area included within an entryway.

(b) The municipal courts or their equivalent in any city, city and county, or town have jurisdiction over violations of smoking regulations enacted by any city, city and county, or town under this section.
C.R.S. § 25-7-404 — CO Code / Title 25 / Article 7 / Part 4 / Section 25-7-404
25-7-404. Wood stove testing program established
Status: repealed

25-7-404. Wood stove testing program established. (1) There is hereby established, in the department of health, an evaluation and certification program for the control of air pollution caused by wood stove emissions, which is designed to significantly reduce particulate and carbon monoxide emissions, referred to in this part 4 as the "program".

(2) The program as implemented by rules and regulations as set forth in section 25-7-403 shall be administered by the air quality control division. The said division shall establish a program that:

(a) Determines whether or not any new wood stove complies with the emission performance standards set by the commission when tested by an independent testing laboratory;

(b) If such new wood stove complies with the emission performance standards, certifies such compliance.

(3) On or after July 1, 1985, a wood stove manufacturer or dealer may request the air quality control division to evaluate the emissions performance of any new wood stove.

(4) Repealed.
C.R.S. § 25-53-102 — CO Code / Title 25 / Article 53 / Part 1 / Section 25-53-102
25-53-102. Placement of automated external defibrillator - donations - acquisitions - limit
Status: in_force

25-53-102. Placement of automated external defibrillator - donations - acquisitions - limited immunity. (1) Any public school or person who owns, operates, or manages a public place is encouraged to place functional AEDs in sufficient quantities to ensure reasonable availability for use during perceived sudden cardiac arrest emergencies.

(2) Any individual is permitted to retrieve or use an AED.

(3) (a) A public school or public place shall accept a donation of an AED that meets standards established by the federal food and drug administration and is in compliance with the manufacturer's maintenance schedule. A public school or public place shall also accept gifts, grants, and donations, including in-kind donations, designated for obtaining an AED, and for inspection, maintenance, and training in the use of an AED.

(b) If a public place accepts a donated AED pursuant to subsection (3)(a) of this section but the public place does not want to accept responsibility for AED training or installation or for ensuring the AED is in compliance with the manufacturer's maintenance schedule, the public place is not required to accept the AED unless the donating party agrees to be responsible for AED training, installation, and maintenance. The public place shall decide who will be trained, the frequency of training, and when the AED training and installation will take place. If the donating party has accepted responsibility for the maintenance of the AED but can no longer provide maintenance, the public place may either accept responsibility for the maintenance of the AED or remove the AED from the public place.

(c) A public school that receives a donated AED shall decide who will be trained, the frequency of training, and when the AED training will take place. An AED acquired by a public school must be appropriate for use on children and adults.

(4) On or before September 1, 2019, the department of public health and environment shall award a fifteen-thousand-dollar contract to a nonprofit organization for the purpose of acquiring and distributing AEDs to public places.
C.R.S. § 25-21.5-108 — CO Code / Title 25 / Article 21.5 / Section 25-21.5-108
25-21.5-108. Fluoridation of community water supplies - grants - rules
Status: repealed

25-21.5-108. Fluoridation of community water supplies - grants - rules. (Repealed)
C.R.S. § 25-16.5-103 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-103
25-16.5-103. Definitions
Status: in_force

25-16.5-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Circular economy" has the meaning set forth in section 25-17-601 (2).

(2) "Colorado circular communities enterprise" or "enterprise" means the Colorado circular communities enterprise created in section 25-16.5-109 (3).

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

(4) "Federal act" means the federal "Emergency Planning and Community Right-to-know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499.

(5) "Hazardous substance" means those chemicals defined as hazardous substances under section 313 of the federal "Superfund Amendments and Reauthorization Act of 1986" (SARA Title III), as amended, and sections 101 (14) and 102 of the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (CERCLA), 42 U.S.C. sec. 9601 et seq., as amended.

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

(7) "Organic materials" has the meaning set forth in section 25-17-901 (5).

(8) "School" means:

(a) A school of a school district;

(b) A district charter school, as defined in section 22-11-103 (12);

(c) An institute charter school, as defined in section 22-30.5-502 (6);

(d) An approved facility school, as defined in section 22-2-402 (1); or

(e) A board of cooperative services, as defined in section 22-5-103 (2).

(9) "State institution of higher education" has the meaning set forth in section 23-18-102 (10).

(10) "Sustainability" means nonregulatory activities that, for both current and future generations, protect the environment, support local and state economics, and promote public health.

(11) "Waste diversion and aversion" or "waste diversion or aversion" means the sustainable design, production, distribution, consumption, recoverability, reuse, waste prevention, repair, collection, and recycling of a variety of materials, including construction and demolition materials, single-stream materials, technology and electronic materials; food recovery; and the composting of raw and reused materials, including organic materials.
C.R.S. § 25-4-303 — CO Code / Title 25 / Article 4 / Part 3 / Section 25-4-303
25-4-303. Duty to treat eyes
Status: repealed

25-4-303. Duty to treat eyes. (Repealed)
C.R.S. § 25-7-506 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-506
25-7-506. Certificate of trained supervisors - application - approval by division - rules
Status: in_force

25-7-506. Certificate of trained supervisors - application - approval by division - rules - responsibilities of trained supervisors - renewal of certificate. (1) Any individual may apply to the division to be certified as a trained supervisor by submitting an application in the form specified by the division and paying a fee set by the commission. Within fifteen days after receiving an application, the division shall notify the applicant as to whether the application is complete.

(2) Within thirty days after receiving a completed application and the results of the examination administered pursuant to paragraph (b) of this subsection (2), the division shall issue a certification valid for a period not to exceed five years as established by the commission by rule from the date of issuance upon a finding:

(a) That the applicant has, within twelve months prior to the date of the application, completed a training course on safe asbestos abatement procedures which has been approved by the division; and

(b) That the applicant has passed an examination administered by the division pursuant to section 25-7-505.5 on the procedures to be followed in asbestos abatement.

(3) An individual acting as a trained supervisor pursuant to this section shall be responsible for supervising a specific asbestos abatement project in such a manner as to assure that asbestos abatement is performed in compliance with the provisions of this part 5 and the rules and regulations promulgated thereunder.

(4) (Deleted by amendment, L. 92, p. 1232, § 37, effective July 1, 1992.)

(5) (Deleted by amendment, L. 95, p. 22, § 3, effective July 1, 1995.)
C.R.S. § 25-8-102 — CO Code / Title 25 / Article 8 / Part 1 / Section 25-8-102
25-8-102. Legislative declaration
Status: in_force

25-8-102. Legislative declaration. (1) In order to foster the health, welfare, and safety 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 prevent injury to beneficial uses made of state waters, to maximize the beneficial uses of water, and to develop waters to which Colorado and its citizens are entitled and, within this context, to achieve the maximum practical degree of water quality in the waters of the state consistent with the welfare of the state. It is further declared that pollution of state waters may constitute a menace to public health and welfare, may create public nuisances, may be harmful to wildlife and aquatic life, and may impair beneficial uses of state waters and that the problem of water pollution in this state is closely related to the problem of water pollution in adjoining states.

(2) It is further declared to be the public policy of this state to conserve state waters and to protect, maintain, and improve, where necessary and reasonable, the quality thereof for public water supplies, for protection and propagation of wildlife and aquatic life, for domestic, agricultural, industrial, and recreational uses, and for other beneficial uses, taking into consideration the requirements of such uses; to provide that no pollutant be released into any state waters without first receiving the treatment or other corrective action necessary to reasonably protect the legitimate and beneficial uses of such waters; to provide for the prevention, abatement, and control of new or existing water pollution; and to cooperate with other states and the federal government in carrying out these objectives.

(3) It is further declared that protection of the quality of state waters and the prevention, abatement, and control of water pollution are matters of statewide concern and affected with a public interest, and the provisions of this article 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.

(4) This article and the agencies authorized under this article shall be the final authority in the administration of water pollution prevention, abatement, and control. Notwithstanding any other provision of law, no department or agency of the state, and no municipal corporation, county, or other political subdivision, having jurisdiction over water pollution prevention, abatement, and control, shall issue any authorization for the discharge of pollutants into state waters unless authorized to do so in accordance with this article.

(5) It is further declared that the general assembly intends that this article shall be construed to require the development of a water quality program in which the water quality benefits of the pollution control measures utilized have a reasonable relationship to the economic, environmental, energy, and public health costs and impacts of such measures, and that before any final action is taken, with the exception of any enforcement action, consideration be given to the economic reasonableness of the action. Such consideration shall include evaluation of the benefits derived from achieving the goals of this article and of the economic, environmental, public health, and energy impacts to the public and affected persons.
C.R.S. § 25-8-105 — CO Code / Title 25 / Article 8 / Part 1 / Section 25-8-105
25-8-105. Regional wastewater management plans - amendments
Status: in_force

25-8-105. Regional wastewater management plans - amendments. (1) (a) Regional wastewater management plans which include plans known for purposes of the federal act as "208 plans" may be developed by designated planning agencies or by the state for nondesignated areas or for statewide purposes.

(b) Before submitting a proposed plan or amendment to the division, the designated planning agency shall hold a hearing on the proposed plan or amendment.

(c) The division shall consider any proposed plan or amendment developed by the state.

(d) Notice of a hearing to be held pursuant to this subsection (1) shall be given by at least one publication in a newspaper of general distribution in the area of the proposed plan, and actual notice shall be given to anyone requesting such notice. Such notice shall advise of the opportunity for interested persons to appear and submit written or oral comments on the proposed plan or amendment. The agency holding the hearing shall receive and consider all comments submitted on the proposed plan or amendment.

(2) Each regional wastewater management plan and each amendment to such a plan must be either developed or reviewed by the division.

(3) (a) The commission, after notice and hearing, shall approve or reject proposed regional wastewater management plans and amendments thereto. The commission shall approve, conditionally approve, or reject a plan or an amendment developed by a management or planning agency within one hundred eighty days after submittal of the plan or amendment by the management or planning agency to the division. Only those portions of a regional wastewater management plan which are adopted as a regulation by the commission pursuant to section 24-4-103, C.R.S., shall be binding on regulatory decisions, including, but not limited to, site approvals, construction grants, or point or nonpoint source control decisions. Only those plans or portions thereof which are adopted by the commission as regulations shall be binding for purposes of any federal law, regulation, or action.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), the commission may delegate to the division the authority to approve, conditionally approve, or reject nonrule-making amendments to regional wastewater management plans. If the commission delegates such authority, the division shall give notice of its decision on an amendment to the commission and to anyone who has requested notice of amendments to the affected plan. Notice of such decision shall also be included on the next commission agenda. Upon a request by any affected person, the commission shall review the division's decision. The decision of the division shall be final within forty-five days after agenda notice of the decision has been given unless review is requested by an affected person.

(4) The governor may certify to the federal environmental protection agency a regional wastewater management plan or an amendment thereto which has been approved by the commission or an amendment thereto which has become final after approval by the division. The governor may designate planning agencies for the purposes of the federal act.