C.R.S. § 25-5-415 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-415
25-5-415. Misbranding
Status: in_force

25-5-415. Misbranding. (1) A drug or device is deemed to be misbranded:

(a) If its labeling is false or misleading in any particular;

(b) If its labeling or packaging fails to conform with the requirements of section 25-5-419;

(c) If in package form, unless it bears a label containing:

(I) The name and place of business of the manufacturer, packer, or distributor; and

(II) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label, except as exempted by section 25-5-402 (4)(c); but, as to such terms of quantity, reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulation prescribed by the department or issued under the federal act;

(d) If any word, statement, or other information required by or under authority of this part 4 to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(e) (I) If it is a drug, unless:

(A) Its label bears, to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula), the established name, as defined in subparagraph (II) of this paragraph (e), of the drug, if such there be; and, in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein; except that the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this sub-subparagraph (A), shall apply only to prescription drugs; and

(B) For any prescription drug, the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient. To the extent that compliance with the requirements of this sub-subparagraph (B) and sub-subparagraph (A) of this subparagraph (I) as to fabricated drugs is impracticable, exemptions shall be established by regulations promulgated by the department or under the federal act.

(II) As used in this paragraph (e), the term "established name", with respect to a drug or ingredient thereof, means:

(A) The applicable official name designated pursuant to the federal act; or

(B) If there is no such name and such drug or such ingredient is an article recognized in an official compendium, then the official title thereof in such compendium; or

(C) If neither sub-subparagraph (A) nor sub-subparagraph (B) of this subparagraph (II) applies, then the common or usual name, if any, of such drug or of such ingredient;

(D) Where sub-subparagraph (B) of this subparagraph (II) applies to an article recognized in the United States pharmacopoeia and in the homeopathic pharmacopoeia under different official titles, the official title used in the United States pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the homeopathic pharmacopoeia shall apply.

(f) Unless its labeling bears adequate directions for use and such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users; but, where any requirement as to such adequate directions for use, as applied to any drug or device, is not necessary for the protection of the public health, the department shall promulgate regulations exempting such drug or device from such requirement, and articles exempted under regulations issued under the federal act shall also be exempt;

(g) If it purports to be a drug, the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; but the method of packing may be modified with the consent of the department or if consent is obtained under the federal act. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States and not to those of the United States pharmacopoeia. In the event of inconsistency between the requirements of this paragraph (g) and those of paragraph (e) of this subsection (1) as to the name by which the drug or its ingredients are designated, the requirements of paragraph (e) of this subsection (1) shall prevail.

(h) If it is found by the department or under the federal act to be a drug liable to deterioration, unless it is packaged in such form and manner and its label bears a statement of such precautions as the regulations issued by the department or under the federal act require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the department has informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body has failed within a reasonable time to prescribe such requirements.

(i) (I) If it is a drug and its container is so made, formed, or filled as to be misleading; or

(II) If it is an imitation of another drug; or

(III) If it is offered for sale under the name of another drug;

(j) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof;

(k) If its labeling represents it to have any effect in albuminuria, appendicitis, arteriosclerosis, arthritis, baldness, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, rheumatism, scarlet fever, sexual impotence, sexually transmitted infection, sinus infection, smallpox, tuberculosis, tumors, typhoid, or uremia, and shall also be deemed to be false; except that no labeling in violation of paragraphs (a) and (b) of this subsection (1) shall be deemed to be false under this paragraph (k) if it is disseminated only to members of the medical, dental, chiropractic, or veterinary professions or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; but, if the department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this paragraph (k), the department shall by regulation authorize the labeling of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the department may deem necessary in the interests of public health; except that this paragraph (k) shall not be construed as indicating that self-medication for any disease is safe or efficacious;

(l) If it is for human use and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, betaeucaine, bromal, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of the substance, which derivative, after investigation, has been found to be and designated as habit-forming by rules issued by the department or pursuant to the federal act, unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement "Warning - May be habit-forming";

(m) If it is, or purports to be, or is represented as a drug composed wholly or partly of insulin, unless:

(I) It is from a batch with respect to which a certificate or release has been issued pursuant to the federal act; and

(II) Such certificate or release is in effect with respect to such drug;

(n) If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other antibiotic drug, or any derivative thereof, unless:

(I) It is from a batch with respect to which a certificate or release has been issued pursuant to the federal act; and

(II) Such certificate or release is in effect with respect to such drug; but this subparagraph (II) shall not apply to any drug or class of drugs exempted by regulations promulgated under the federal act. For the purpose of this paragraph (n), "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by microorganisms and which has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of any such substance).

(o) If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of section 25-5-413 (2) or of the federal act;

(p) In the case of any prescription drug distributed or offered for sale in this state, unless the manufacturer, packer, or distributor thereof includes, in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug, a true statement of:

(I) The established name, as defined in paragraph (e)(II) of this subsection (1), printed prominently and in type at least half as large as that used for any trade or brand name thereof;

(II) The formula showing quantitatively each ingredient of such drug to the extent required for labels under the federal act; and

(III) Such other information in brief summary relating to side effects, contraindications, and effectiveness as shall be required in regulations issued under the federal act;

(q) If a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of the foregoing has been placed thereon or upon its container with intent to defraud.

(2) A drug sold on a prescription given by a member of the medical, dental, or veterinary profession (except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail) shall be exempt from the requirements of this section if such member of the medical, dental, or veterinary profession is authorized by law to administer such drug or if such drug bears a label containing the name and place of business of the seller, the serial number and date of such prescription, the name of such member of the medical, dental, or veterinary profession, and, if stated in the prescription, the name of the patient, the directions for use, and any cautionary statements contained in such prescription.

(3) Drugs and devices which, in accordance with the practice of the trade, are to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this part 4 if such drugs and devices are being delivered, manufactured, processed, labeled, repacked, or otherwise held in compliance with regulations issued by the department or under the federal act.
C.R.S. § 25-17-305 — CO Code / Title 25 / Article 17 / Part 3 / Section 25-17-305
25-17-305. Immunity
Status: in_force

25-17-305. Immunity. (1) A recycler is not liable for personal or financial data or other information that a consumer or state agency may leave on an electronic device that is collected, processed, or recycled unless the recycler acted in a grossly negligent manner.

(2) A waste hauler, as that term is defined in section 30-20-1001 (16), C.R.S., or owner or operator of a landfill or transfer station does not violate this part 3 if the hauler, owner, or operator has made a good-faith effort to comply with this part 3 by posting and maintaining, in a conspicuous location at the waste hauler's facility, transfer station, or the landfill, a sign stating that electronic devices will not be accepted at the facility, transfer station, or landfill.
C.R.S. § 25-13-101 — CO Code / Title 25 / Article 13 / Section 25-13-101
25-13-101. Short title
Status: in_force

25-13-101. Short title. This article shall be known and may be cited as the "Recreation Land Preservation Act of 1971".
C.R.S. § 25-20.5-2001 — CO Code / Title 25 / Article 20.5 / Part 20 / Section 25-20.5-2001
25-20.5-2001. Regional health connector program - creation - third-party contract - department
Status: in_force

25-20.5-2001. Regional health connector program - creation - third-party contract - department duties - rules - definitions. (1) As used in this part 20, unless the context otherwise requires:

(a) "Locally based host organization" means a regional organization chosen to hire and support the regional health connector in the organization's region.

(b) "Program" means the regional health connector program created in subsection (2) of this section.

(c) "Regional health connector" means a designated person hired and supported by a locally based host organization to engage in the activities described in subsection (4) of this section.

(2) There is created in the division the regional health connector program for the purpose of convening and engaging local primary care practices, other health-care providers and partners, public health agencies, and community resources to identify and address specific health-related issues and health-related social needs in communities throughout the state. The division shall administer the program, and the department shall contract with a third-party entity to coordinate and oversee the program. The division shall promote alignment between division priorities, programs and partners, the contracted entity, and locally based host organizations.

(3) Contract applicants shall demonstrate how the applicant will:

(a) Engage and coordinate with local public health agencies, the department, and other agencies and organizations, including the department of health care policy and financing, the behavioral health administration, the division of insurance in the department of regulatory agencies, the Colorado health extension system, the primary care payment reform collaborative, health-related nonprofits, and health professional organizations;

(b) Establish and align statewide and regional health goals and priorities;

(c) Hold regional health connectors accountable for meeting objectives; and

(d) Collect and report data to the division on the effectiveness of regional health connectors.

(4) The contracted entity shall distribute money appropriated pursuant to subsection (7) of this section to each locally based host organization for the regional health connector to:

(a) Identify available resources and support existing partnerships by strengthening connections between primary care and community organizations, coordinating activities to reduce fragmentation in the health system, and integrating clinical and community-based strategies to address local priorities, health equity, and social determinants of health;

(b) Work with practice transformation organizations, practice facilitators, and clinical health information technology advisors in assisting primary care practices and other care organizations to improve care;

(c) Create and support partnership development activities among practices and local and regional community-based organizations;

(d) Collaborate with regional accountable entities, community mental health centers, local public health agencies, foundation partners, and statewide organizations;

(e) Identify and assist system navigators, including care coordinators, care managers, health navigators, and community health workers; and

(f) Align with state health priorities, programs, and partners.

(5) The contracted entity may retain a percentage of the money appropriated pursuant to subsection (7) of this section for the administration of the program, and the contracted entity may subcontract with other statewide organizations and collaborate with the division to help with setting priorities and evaluating programs.

(6) The department may promulgate rules as necessary for the implementation of this part 20.

(7) (a) For the 2023-24 state fiscal year, the general assembly shall appropriate one million five hundred thousand dollars from the general fund to the department of higher education for use by the regents of the university of Colorado for allocation to the school of medicine for the purposes of section 23-21-901.

(b) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the general assembly shall annually appropriate one million five hundred thousand dollars from the general fund to the department for use by the division for the purposes of this section.
C.R.S. § 25-16.5-110 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-110
25-16.5-110. Stakeholder feedback - report
Status: in_force

25-16.5-110. Stakeholder feedback - report. (1) Stakeholders may provide the department with feedback about the effectiveness of the enterprise, including any factors that facilitate or inhibit progress, which factors may relate to the enterprise itself or to other areas such as the circular economy development center or producer responsibility program. At any time the department chooses, the department shall share the feedback with the board to inform the board's strategies and decisions.

(2) By January 1, 2030, the department, after engaging stakeholders, shall submit a report to the committees of reference of the general assembly with jurisdiction over environmental matters regarding the enterprise and any recommendations. The department's recommendations in the report may include:

(a) The statutory repeal date of the enterprise, if any;

(b) Enterprise fee amounts, including a proposed schedule for fee increases or a recommendation to move to a single, statewide fee; and

(c) Progress toward delivering statewide services.
C.R.S. § 25-7-113 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-113
25-7-113. Air pollution emergencies endangering public welfare anywhere in this state
Status: in_force

25-7-113. Air pollution emergencies endangering public welfare anywhere in this state. (1) Whenever the division determines, after investigation, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activity or discharge does not constitute a clear, present, and immediate danger to the health of the public, but is of such a nature as to cause extreme discomfort or that it is an immediate danger to the welfare of the public because such pollutants make habitation of residences or the conduct of businesses subjected to the pollutants extremely unhealthy or disruptive, the division shall:

(a) Issue a written cease-and-desist order to said person requiring immediate discontinuance of such activity or the discharge of such pollutant into the atmosphere, and, upon receipt of such order, such person shall immediately discontinue such activity or discharge; or

(b) Apply to any district court of this state for the district in which the said activity or discharge is occurring for a temporary restraining order, temporary injunction, or permanent injunction as provided for in the Colorado rules of civil procedure. Any such action in a district court shall be given precedence over all other matters pending in such district court. The institution of such injunction proceedings by the division shall confer upon said district court exclusive jurisdiction to determine finally the subject matter of the proceeding; or

(c) Both issue such a cease-and-desist order and apply for any such restraining order or injunction.
C.R.S. § 25-4-301 — CO Code / Title 25 / Article 4 / Part 3 / Section 25-4-301
25-4-301. Inflammation of eyes
Status: in_force

25-4-301. Inflammation of eyes. (1) Any inflammation, swelling, or unusual redness in either one or both eyes of any infant, either apart from or together with any unnatural discharge from the eyes of such infant, independent of the nature of the infection, if any, occurring at any time within two weeks after the birth of such infant shall be known as "inflammation of the eyes of the newly born" (ophthalmia neonatorum).

(2) It is the duty of any physician, nurse, or other person who assists or is in charge at the birth of an infant or is charged with the care of the infant after birth to treat the eyes of the infant with a prophylaxis in accordance with current standard of care. Such treatment shall be given as soon as practicable after the birth of the infant and always within one hour. If any redness, swelling, inflammation, or gathering of pus appears in the eyes of such infant, or upon the lids or about the eyes, within two weeks after birth, any person charged with care of the infant shall report the same to some competent practicing physician or advanced practice registered nurse within six hours after its discovery.

(3) Nothing in this section requires medical treatment for the minor child of any person who is a member of a well-recognized church or religious denomination and whose religious convictions, in accordance with the tenets or principles of his or her church or religious denomination, are against medical treatment for disease.
C.R.S. § 25-11-302 — CO Code / Title 25 / Article 11 / Part 3 / Section 25-11-302
25-11-302. Terms defined
Status: in_force

25-11-302. Terms defined. For the purposes of this part 3, the terms "processing site" and "residual radioactive material" shall have the meanings specified in section 101 (6) and (7), respectively, of Public Law 95-604, as from time to time amended.
C.R.S. § 25-37-109 — CO Code / Title 25 / Article 37 / Section 25-37-109
25-37-109. Waiver of rights prohibited
Status: in_force

25-37-109. Waiver of rights prohibited. Except as permitted by this article, a person or entity shall not require, as a condition of contracting, that a health-care provider waive or forego any right or benefit to which the health-care provider may be entitled under state or federal law, rule, or regulation that provides legal protections to a person solely based on the person's status as a health-care provider providing services in this state.
C.R.S. § 25-16.5-109 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-109
25-16.5-109. Colorado circular communities enterprise - legislative declaration - fund - goal
Status: repealed

25-16.5-109. Colorado circular communities enterprise - legislative declaration - fund - goals - grant program - personal property tax reimbursements - gifts, grants, or donations - definitions - repeal. (1) Legislative declaration. The general assembly:

(a) Finds that:

(I) Colorado has one of the lowest rates of waste diversion in the United States, recycling only about twelve percent of our waste compared to thirty-five percent nationwide;

(II) Colorado disposed of a record amount of trash in landfills in 2017, over nine million tons, while there was essentially no increase in the municipal waste diversion rate;

(III) Recycling, reuse, and remanufacturing contribute almost nine billion dollars to the Colorado economy annually, yet we are throwing away in our landfills more than one-quarter billion dollars' worth annually of recyclable material, such as aluminum, cardboard, paper, glass, and plastics, which material could have been recycled here in Colorado, thereby creating local jobs and strengthening local economies;

(IV) Recycling creates an average of nine times more jobs per ton of waste than does disposal in a landfill, and recycling is one of the fastest, easiest, and most cost-effective ways to reduce greenhouse gas emissions;

(V) The front range:

(A) Generates about eighty-five percent of the waste statewide and has most of the infrastructure in place to divert waste from landfills; and

(B) Has higher densities of waste producers and recycling facilities than the rest of the state and thus fewer challenges regarding long distances to recycling facilities and markets;

(VI) To support waste diversion efforts, the average family living along the front range pays about eighty-six cents per year in the form of user fees assessed at fourteen cents per cubic yard of waste disposed of at attended landfills, which fees are used to support waste diversion efforts; and

(VII) Circularity can only be achieved when working collaboratively across the state to maximize the use of local materials and the local use of end products;

(VIII) Circularity and waste diversion and aversion infrastructure is needed statewide through a combination of local, regional, and statewide solutions; and

(IX) Circularity services, including waste diversion and aversion, support operators of attended solid waste disposal sites, waste producers, and persons paying the fee by extending the useful life of landfills, supporting expansion of fee services to meet community demand for composting and recycling services, and establishing local uses for collected materials that reduce the transportation costs of operators of attended solid waste disposal sites, waste producers, and persons paying the fee;

(b) Determines that:

(I) A circular economy, including waste diversion and aversion, has substantial economic and environmental benefits for the state;

(II) The opportunity for improvement is great, yet the state lacks:

(A) A sufficient funding source to make these improvements; and

(B) A coherent circular economy policy, including waste diversion and aversion policies, at the local level; and

(III) It is in the state's interest to provide financial and technical assistance to communities to develop a circular economy and reach their waste diversion and aversion goals through technical assistance and a grant and funding opportunity program financed by user fees; and

(c) Declares that:

(I) Providing technical assistance, grants, and funding opportunities to support a circular economy, including waste diversion and aversion, constitutes a valuable service and benefit, and the Colorado circular communities enterprise provides useful business services to waste producers when, in exchange for payment of user fees, it provides technical assistance and awards grants or funding financed by the fees to entities that promote a circular economy, including waste diversion and aversion;

(II) It is necessary, appropriate, and in the best interest of the state to acknowledge that by providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;

(III) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the user fee collected by the enterprise is a fee, not a tax, because the fee is imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section to waste producers that ultimately pay the fee and is collected at rates that are reasonably calculated based on the benefits received by those waste producers;

(IV) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the user fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G); and

(V) This section is necessary to provide incentives to local governments, for-profit waste management and waste diversion companies, state institutions of higher education, nonprofit organizations, or other entities that the board identifies as pursuing a circular economy for the state, including waste diversion and aversion.

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

(a) "Board" means the board of directors of the enterprise.

(b) "Circular economy development center" means the circular economy development center created in section 25-17-602 (1).

(c) (I) "Eligible entity" means the following entities located or providing services in Colorado:

(A) Cities, counties, and cities and counties;

(B) Nonprofit and for-profit businesses promoting a circular economy, including waste diversion or aversion;

(C) State institutions of higher education and public or private schools; and

(D) Any other entity identified by the board as supporting or pursuing a circular economy for Colorado, including waste diversion and aversion.

(II) "Eligible entity" includes an entity listed in subsection (2)(c)(I) of this section that is locating to Colorado after recruitment by the circular economy development center pursuant to section 25-17-602 (1)(d) and in accordance with subsection (2)(c)(III) of this section.

(III) To qualify as an "eligible entity" by locating to Colorado after recruitment pursuant to subsection (2)(c)(II) of this section, an entity that is locating to Colorado must demonstrate that it has:

(A) Been in business in another jurisdiction for a minimum of three years;

(B) Identified a Colorado location to relocate or expand its business to;

(C) Registered with the Colorado secretary of state; and

(D) Been recommended by the circular economy development center.

(d) "Enterprise" means the Colorado circular communities enterprise created in subsection (3) of this section.

(e) "Fee" or "fees" means money collected by means of the user fees authorized by section 25-16-104.5 (3.9).

(f) "Fund" means the Colorado circular communities cash fund created in subsection (4) of this section.

(g) (I) "Grant and funding program" means the Colorado circular communities grant and funding program created in subsection (6) of this section.

(II) "Grant and funding program" includes:

(A) Grants;

(B) Purchases;

(C) Loans;

(D) Rebates;

(E) Noncompetitive formula funding; and

(F) Funding that may result from a request to the board from one or more public or private partners across multiple jurisdictions.

(h) "Producer responsibility program" means the producer responsibility program for statewide recycling established pursuant to part 7 of article 17 of this title 25.

(3) Enterprise. (a) There is created in the department the Colorado circular communities enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of collecting the fee charged to waste producers and using the fee to provide grants, funding, and technical assistance and to pay for studies to promote a circular economy, including waste diversion and aversion. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.

(c) The enterprise's primary powers and duties are to:

(I) Collect the fee;

(II) Promote a circular economy, including waste diversion and aversion, by providing technical assistance and issuing grants and funding, as specified in subsection (6) of this section;

(III) Issue revenue bonds payable from the revenues of the enterprise to promote a circular economy, including waste diversion and aversion, as specified in this section;

(IV) Publish each year, on the department's website and as otherwise deemed appropriate by the board, the strategies that the board has prioritized for funding through the grant and funding program;

(V) Adopt, amend, or repeal policies for the regulation of the enterprise's affairs and the conduct of its business consistent with this section, including establishing application, review, approval, reporting, and other requirements for grants and funding;

(VI) Engage the services of contractors, consultants, and legal counsel, including the department and the attorney general's office, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the "Procurement Code", articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department shall provide office space and administrative staff to the enterprise pursuant to a contract entered into pursuant to this subsection (3)(c)(VI).

(VII) In coordination with the department, pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center;

(VIII) (A) In coordination with the department, pay the costs associated with conducting the organics diversion study required by section 25-17-902.

(B) This subsection (3)(c)(VIII) is repealed, effective July 1, 2025.

(IX) Ensure continuity of enterprise operations. To ensure continuity, any grant agreement or contract entered into by the front range waste diversion enterprise board pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board. The chair of the front range waste diversion board or the chair's designee is authorized to assign any contract or agreement of the front range waste diversion enterprise board on behalf of the dissolved front range waste diversion enterprise board to the circular communities enterprise board until January 31, 2025. The department is authorized to administer the services on behalf of the enterprise in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.

(d) (I) The enterprise is governed by a board of directors. The executive director of the department shall appoint the following thirteen members of the board:

(A) One member representing the department; and

(B) Twelve members who, to the extent practicable, represent a balance of for-profit and nonprofit businesses and local governments and meet the eligibility requirements set forth in subsections (3)(d)(II) and (3)(d)(III) of this section.

(II) Members appointed pursuant to subsection (3)(d)(I)(B) of this section must have expertise in one or more of the following areas:

(A) The circular economy;

(B) Producer responsibility;

(C) Environmental health and safety;

(D) Circular economy or renewable energy business development or investment;

(E) Economic development;

(F) Public finance; or

(G) Expertise in statewide or community-wide waste diversion or aversion planning and implementation.

(III) When appointing members of the board, the executive director of the department shall ensure that, to the extent practicable:

(A) At least three members represent a local government, and at least one of the three members lives in or represents a community outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5);

(B) At least three members represent waste haulers or landfill operators;

(C) At least three members live in or represent communities outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5); and

(D) At least one member represents an organization that works to reduce burdens experienced by disproportionately impacted communities.

(e) The member appointed pursuant to subsection (3)(d)(I)(A) of this section shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. Each member of the board is entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending an official board meeting.

(f) The term of office of board members is three years; except that the initial term of five members appointed pursuant to subsection (3)(d)(I)(B) of this section is two years. Members may serve for multiple consecutive or nonconsecutive terms.

(4) Fund. (a) There is created in the state treasury the Colorado circular communities cash fund. The fund consists of money credited to the fund pursuant to sections 25-16-104.5 (3.9) and 18-4-511 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The enterprise is exempt from section 24-77-108.

(b) Money in the fund is continuously appropriated to the enterprise to:

(I) Cover the direct and indirect costs for administering the enterprise and its services;

(II) Award grants and funding in accordance with this section;

(III) Provide technical assistance, including through the development and implementation of public policy, to eligible entities to promote a circular economy, including waste diversion and aversion;

(IV) Pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center; and

(V) (A) Pay the costs associated with conducting the organics diversion study required by section 25-17-902.

(B) This subsection (4)(b)(V) is repealed, effective July 1, 2025.

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

(d) (I) On July 1, 2024, the state treasurer shall transfer any money remaining in the front range waste diversion cash fund, as it existed before House Bill 24-1449 was enacted in 2024, to the Colorado circular communities cash fund.

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

(5) Circular economy promotion. (a) The enterprise shall promote a circular economy in the state, including waste diversion and aversion. In promoting a circular economy, the enterprise shall consider:

(I) Promoting reuse of natural resources and reduction of greenhouse gas emissions;

(II) Incentivizing Colorado businesses to:

(A) Use materials that Coloradans recycle and compost;

(B) Produce new products that meet known health and safety standards;

(C) Maximize the recovery and reuse of byproducts during the manufacturing process; and

(D) Minimize waste when manufacturing, selling, or distributing products;

(III) Incentivizing and supporting local, regional, and statewide infrastructure, systems, logistics, studies, and marketing to help create a sustainable circular economy;

(IV) Creating local jobs, developing Colorado's workforce, supporting regional businesses, and diversifying current and new end markets;

(V) Supporting circular economy and sustainable resource education;

(VI) Extending the useful life of local landfills; and

(VII) Supporting statewide municipal waste diversion and aversion and waste reduction goals.

(b) To the extent practicable, in prioritizing and designing its services, the enterprise shall coordinate with:

(I) The circular economy development center;

(II) The producer responsibility program and nonprofit organization that the executive director of the department designates pursuant to section 25-17-705 (1)(b)(II) as the producer responsibility organization to implement and administer the producer responsibility program;

(III) The office of economic development created in section 24-48.5-101 (1); and

(IV) Any similar public and private initiatives identified by the board as supporting a circular economy.

(6) Grant and funding program. (a) (I) The enterprise shall administer the grant and funding program and, subject to available revenue, shall award grants and funding from the fund as provided in this subsection (6).

(II) Before distributing money, the board shall assess and determine an equitable distribution of money from the fund for rural counties. This assessment may occur within each grant or funding opportunity or within the overall distribution of money, as determined by the board.

(III) If the grant applications or funding requests are insufficient to achieve the desired distribution, the board may distribute money in a manner that deviates from the equitable distribution determined by the board, but the board shall then evaluate and identify strategies to work toward an equitable distribution of money from the fund for future grant and funding opportunities.

(b) (I) The purpose of the grant and funding program is to provide economic and technical assistance to eligible entities in their efforts to promote a circular economy, including waste diversion and aversion, as described in this section.

(II) The board shall establish criteria to evaluate and prioritize applications or requests for grants or awards of funding. As part of the services that the board may contract for the enterprise pursuant to subsection (3)(c)(VI) of this section, the department shall review applications and requests for funding utilizing criteria that the board establishes.

(III) (A) Subject to subsection (6)(b)(III)(B) of this section, in reviewing applications and requests for funding, the department may engage stakeholders to inform the design of, identify gaps in, or assist in the review process or to gain increased understanding of topics that may merit inclusion in the approved project activities and deliverables, such as industry standards, environmental health and safety standards, business requirements, economic or investment considerations, or similar topics that will support the successful implementation of an approved project.

(B) In engaging a stakeholder, the department shall determine that the stakeholder does not have a conflict of interest regarding the grant application or funding request being designed or reviewed or, if the stakeholder has a conflict of interest, that the conflict can be managed through business practices, including disclosures and recusals, to maximize fairness across all applicants and entities requesting funding. A board member may serve as a stakeholder for the purpose of this subsection (6)(b)(III) if the board member does not have a conflict of interest or the conflict of interest can be managed in the same manner as other stakeholders.

(IV) The department shall develop grant and funding recommendations for the board that include the recommended grant or funding recipient, the project and its contribution to a circular economy, the grant or funding award amount, the duration of the grant, and whether the grant benefits rural areas of the state. The board shall review the department's recommendations in awarding grants or funding.

(c) At a minimum, at the time of application or request for funding or, if appropriate as determined by the board, at the time of awarding a grant or funding, an award of a grant or of funding must include the following information:

(I) A narrative description of the project;

(II) A description of how the project promotes a circular economy, including waste diversion and aversion;

(III) The amount of in-kind contributions or matching funds, if any, that the applicant or outside sources will provide for the project budget; and

(IV) For nonprofit and for-profit grant project applications, whether there is local government support for the grant application.

(d) Grant and funding recipients may use the money received through the grant and funding program for staffing, supplies, equipment, marketing and communications, planning, policy research and development, community engagement, and programming and services required by the board.

(e) The board shall:

(I) Use its best efforts to award grants within ninety days after receipt of applications and to award other funding as soon as practicable;

(II) Not allocate more than fifty percent of the annual fee revenue in any single grant award;

(III) Include a scope of work or conditions of funding, including mileposts and deadlines for achievement of specified goals, in grant award and funding agreements; and

(IV) Determine the criteria for measuring progress. The board shall consider a grantee's or funding recipient's progress in awarding further grants to the grantee or funding to the funding recipient.

(f) (I) A grantee or funding recipient shall report to the board on the progress of the project financed by the grant or award of funding pursuant to terms specified by the board but no less than on an annual basis.

(II) The board may develop a policy regarding a grantee's noncompliance with the grant or funding agreement entered into by the grantee or funding recipient and the board, which policy may include a mechanism for the board to convert the grantee's grant or funding award to a loan with interest. Nothing in this subsection (6)(f) limits the board's authority to address noncompliance with action up to and including termination of the grant or funding agreement.

(7) Reporting. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over environment matters regarding:

(a) The unobligated balance of the fund;

(b) An overview of the grants and funding awarded and of any technical assistance provided;

(c) The progress toward achievement of a circular economy, including waste diversion and aversion, and the primary factors facilitating and inhibiting that progress; and

(d) Any suggested legislation or policy changes.

(8) Repeal. (a) This section is repealed, effective September 1, 2032.

(b) The state treasurer shall transfer any money remaining in the fund on September 1, 2032, to the general fund.
C.R.S. § 25-1-121 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-121
25-1-121. Patient grievance mechanism - institution's obligations to patient
Status: in_force

25-1-121. Patient grievance mechanism - institution's obligations to patient. (1) As used in this section, "institution" means every hospital or related facility or institution having in excess of fifty beds and required to be licensed under part 1 of article 3 of this title or required to be certified pursuant to section 25-1.5-103 (1)(a)(II), except skilled nursing facilities and intermediate care facilities which are subject to the provisions of section 25-1-120.

(2) The department shall require every institution to submit to the department a plan for a patient grievance mechanism and a policy statement with respect to the obligations of the institution to patients using the facilities of such institution. The plan and policy statement must meet with the approval of the department prior to certification of compliance or issuance or renewal of a license.

(3) A patient grievance mechanism plan shall include, but not be limited to:

(a) A provision for a patient representative to serve as a liaison between the patient and the institution;

(b) A description of the qualifications of the patient representative;

(c) An outline of the job description of the patient representative;

(d) A description of the amount of decision-making authority given to the patient representative;

(e) A method by which each patient will be made aware of the patient representative program and how the representative of the program may be contacted.

(4) The policy statement with respect to the obligations of the institution to patients using facilities of such an institution shall be posted conspicuously in a public place on its premises and made available to each patient upon admission. Such policy statement shall include, but need not be limited to, a clarification of a physician's duty to provide informed consent, admission procedures, staff identification, privacy, medical records, billing procedures, and the obligation of the physician to provide information regarding research, experimental, or educational projects relating to the patient's own case. Nothing in this section shall apply to any nursing institution conducted by or for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend exclusively upon spiritual means through prayer for healing in the practice of the religion of such church or denomination.
C.R.S. § 25-27.5-103 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-103
25-27.5-103. Home care agency license required - home care placement agency registration requ
Status: in_force

25-27.5-103. Home care agency license required - home care placement agency registration required - civil and criminal penalties. (1) On or after June 1, 2009, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having obtained a license therefor from the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2011, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license therefor from the department. Any person who violates this provision:

(a) Is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars; and

(b) May be subject to a civil penalty assessed by the department of up to ten thousand dollars for each violation of this section. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24 for credit to the general fund. The department shall enforce and collect each penalty following a decision reached in accordance with procedures set forth in section 24-4-105.

(1.5) It is unlawful for a service agency that is directly providing home care services to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license from the department. Any person who violates this subsection (1.5) is guilty of a misdemeanor and is subject to the civil and criminal penalties described in subsections (1)(a) and (1)(b) of this section. Nothing in this section relieves an entity that contracts or arranges with a service agency and that meets the definition of a home care agency from the entity's obligation to apply for and operate under a license in accordance with this article.

(2) (a) (I) On or after June 1, 2015, it is unlawful for a person to conduct or maintain a home care placement agency unless the person has submitted a completed application for registration as a home care placement agency to the department, including evidence of general liability insurance coverage as required in subparagraph (II) of this paragraph (a). On or after January 1, 2016, it is unlawful for a person to conduct or maintain a home care placement agency without a valid, current home care placement agency registration issued by the department. The department shall maintain a registry of all registered home care placement agencies and shall make the registry accessible to the public. While a home care placement agency must be registered by the department, a home care placement agency is not licensed or certified by the department and shall not claim or assert that the department licenses or certifies the home care placement agency.

(II) As a condition of obtaining an initial or renewal home care placement agency registration pursuant to this subsection (2), a person applying for initial or renewal registration shall submit to the department, in the form and manner required by the department, proof that the person has obtained and is maintaining general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers in an amount determined by the state board by rule pursuant to section 25-27.5-104 (1)(h).

(b) A home care placement agency shall provide to its home care consumer clients, before referring a provider to the client, a written disclosure containing the information required in section 25-27.5-104 (1)(c) and in state board rules adopted pursuant to that section.

(c) A person who violates this subsection (2):

(I) Is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars; and

(II) May be subject to a civil penalty assessed by the department of up to ten thousand dollars for each violation. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24. The department shall transfer any money it collects as such a penalty to the state treasurer, who shall credit the money to the general fund.

(3) If a facility that is licensed pursuant to this title provides skilled home health or personal care services also provides the services outside the premises of the licensed facility, the facility license shall be amended to include the services, and the facility shall meet the requirements promulgated by the state board.
C.R.S. § 25-3.5-1202 — CO Code / Title 25 / Article 3.5 / Part 12 / Section 25-3.5-1202
25-3.5-1202. Definitions
Status: in_force

25-3.5-1202. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Authorized entity" means:

(a) A licensed ambulance service;

(b) A fire department of a town, city, or city and county;

(c) A fire protection district, ambulance district, health assurance district, health service district, or metropolitan district or a special district authority; or

(d) A health-care business entity, including a licensed or certified health-care facility that is subject to regulation under article 3 of this title.

(2) "Medical direction" means the supervision over and direction of individuals who perform acts on behalf of a CARES program by a physician or advanced practice registered nurse who is licensed in Colorado and in good standing and who is identified as being responsible for assuring the competency of those individuals in the performance of acts on behalf of the CARES program.

(3) "Program" or "CARES program" means a community assistance referral and education services program established in accordance with this part 12.
C.R.S. § 25-52-104 — CO Code / Title 25 / Article 52 / Section 25-52-104
25-52-104. Colorado maternal mortality review committee - creation - members - duties - rep
Status: repealed

25-52-104. Colorado maternal mortality review committee - creation - members - duties - report to the general assembly. (1) The Colorado maternal mortality review committee is hereby created in the department for the purposes of:

(a) Reviewing specific cases of maternal death that occur in Colorado;

(b) Identifying the causes of maternal mortality; and

(c) Developing recommendations to address preventable maternal deaths, including legislation, policies, rules, training, and best practices that will support the health and safety of the pregnant and postpartum population in Colorado and prevent maternal deaths.

(2) (a) By October 1, 2019, the executive director of the department shall appoint at least eleven members to serve on the committee. The term of appointment is three years; except that the term of the first six members appointed is two years. Members may serve up to three terms. The executive director may fill any vacancies on the committee.

(b) In appointing members to the committee, the executive director shall:

(I) Follow best practices as outlined by the centers for disease control and prevention in the federal department of health and human services;

(II) Ensure that committee members represent diverse communities and a variety of clinical, forensic, and psychosocial specializations and community perspectives, including community-based midwifery; and

(III) Make an effort to include committee members working in and representing communities that are:

(A) Diverse with regard to race, ethnicity, immigration status, English proficiency, income, wealth, and geographic region of the state, including both urban and rural areas; and

(B) Affected by higher rates of maternal mortality and by a lack of access to the full scope of maternity care health services.

(c) The members of the committee who reside more than fifty miles from the location of a committee hearing are entitled to receive the same per diem compensation and reimbursement of expenses as those provided for members of boards and commissions pursuant to section 12-20-103 (6), and for expenses incurred in traveling to and from the meetings of the committee, including any required dependent or attendant travel, food, and lodging. Members of the committee are also entitled to reimbursement for any expenses necessary to support the members' participation at a committee hearing, including any dependent or attendant care.

(3) The committee may form special ad hoc panels to further investigate cases of maternal death resulting from specific causes when the need arises.

(4) The committee shall:

(a) Review each death in Colorado that is a maternal death;

(b) Review medical records and other relevant data related to each maternal death;

(c) Take steps to improve the quality and scope of data obtained through investigations and review of maternal deaths;

(d) Identify the causes of maternal mortality, including any trends and patterns across racial, geographic, and other groups;

(e) Develop recommendations for the prevention of maternal mortality and deliver the recommendations to the department;

(f) Perform any other functions as resources allow to enhance the capability of the state to reduce and prevent maternal mortality; and

(g) Advise the department in the department's work on decreasing maternal mortality.

(5) The department shall:

(a) Compile reports of aggregated, nonindividually identifiable data on a routine basis for distribution in an effort to further study the causes and problems associated with maternal mortality that may be distributed to policymakers, health-care providers, health facilities, behavioral health providers, public health professionals, the health equity commission created in section 25-4-2206, and others necessary to reduce the maternal mortality rate;

(b) Serve as a link with maternal mortality review teams throughout the country and participate in regional or national maternal mortality review team activities;

(c) Incorporate input and feedback from:

(I) Interested and affected stakeholders, with a focus on persons who are pregnant or in the postpartum period and their family members;

(II) Multidisciplinary, nonprofit organizations representing persons who are pregnant or in the postpartum period, with a focus on persons from racial and ethnic minority groups; and

(III) Multidisciplinary, community-based organizations that provide support or advocacy for persons who are pregnant or in the postpartum period, with a focus on persons from racial and ethnic minority groups;

(d) Make recommendations to improve the collection and public reporting of maternal health data from hospitals, health systems, insurers, maternal care providers, pharmacies, local and state law enforcement offices, behavioral health treatment facilities, and substance use disorder treatment facilities, including:

(I) Data on race and ethnicity correlated with conditions and outcomes; disability correlated with conditions and outcomes; uptake of trainings on bias, racism, or discrimination; and incidents of disrespect or mistreatment of a pregnant person; and

(II) Data collected through stories from pregnant and postpartum persons and their family members, with a focus on the experiences of marginalized groups including persons of racial and ethnic minority groups; and

(e) Study the use of research evidence in policies related to the perinatal period in Colorado and, no later than September 1, 2023, report to the senate committee on health and human services and the house of representatives committee on health and insurance, or their successor committees, on the use of research evidence in policies related to the perinatal period in the state, including public and private payment systems and malpractice insurance policies, using the implementation science framework. To fulfill the requirements of this subsection (5)(e), the department may contract with a third party and request information from insurers offering medical malpractice policies in the state regarding the insurer's policies related to labor and delivery services.

(5.5) The department may contract with an independent third-party evaluator to:

(a) Study closures, consolidations, and acquisitions related to perinatal health-care practices and facilities and perinatal state-designated health professional shortage areas, as defined in section 25-1.5-402 (11), and assets and deficits related to perinatal health and health-care services across the state, not limited to obstetric providers;

(b) Identify major outcome categories at the clinical, family, community, and provider levels that the department should track over time and identify risks and opportunities related to closures, consolidations, and acquisitions of perinatal health-care practices and facilities;

(c) Explore the effects of practice and facility closures on maternal and infant health outcomes and experiences, to illustrate structural needs around closures, when applicable;

(d) Identify recommendations during practice and facility closures and resultant transfers of care. The department or third-party evaluator may use both primary and secondary data in making the recommendations. The department or third-party evaluator shall use the map created pursuant to subsection (5.5)(f) of this section in developing the recommendations. The recommendations must:

(I) Include solutions at the facility level, the practice level, the workforce level, the community level, and the patient level;

(II) Include minimum requirements for reporting on closures, including metrics on timelines and geographic area, including whether the timeline created in section 25-3-131 is appropriate;

(III) Develop recommendations on primary and secondary data collection related to closures and resultant transfers of care.

(e) Identify best practice guidelines during practice and facility closures and resultant transfers of care. The third-party evaluator may use both primary and secondary data in identifying the best practice guidelines. The third-party evaluator shall use the map created pursuant to subsection (5.5)(f) of this section in developing the guidelines. The guidelines must consider the following areas: Risks and opportunities; transfers of care; community notice needs and opportunities; notification to the department; closure timeline; and resources needed by facilities, providers, and families.

(f) Create a health professional shortage area and perinatal health services assets and deficits asset map that identifies by perinatal service area:

(I) Primary health-care providers, including physicians and midwives of all credential types who provide or could be providing perinatal health care;

(II) The type and location of perinatal health care offered by the providers listed pursuant to subsection (5.5)(f)(I) of this section;

(III) Community-based perinatal health-care workers, such as doulas, childbirth educators, and lactation support consultants; and

(IV) Resources such as community advocates, gathering places, and educational hubs;

(g) By July 1, 2026, deliver the best practices and recommendations created pursuant to this subsection (5.5) to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees.

(6) (a) No later than July 1, 2020, and July 1 every three years thereafter, the department shall submit a report to the house of representatives committees on public and behavioral health and human services and health and insurance and the senate committee on health and human services, or their successor committees. The report must include:

(I) In consultation with health equity experts, recommendations to achieve equity in maternal health outcomes in Colorado;

(II) Recommendations to reduce the incidence of preventable maternal mortality and related morbidity;

(III) A prioritization of a limited number of causes of maternal mortality that are identified as having the greatest impact on the pregnant and postpartum population in Colorado and as most preventable;

(IV) In consultation with the designated state perinatal care quality collaborative, recommendations for clinical quality improvement approaches that could reduce the incidence of pregnancy-related deaths or maternal mortality or morbidity in prenatal, perinatal, and postnatal clinical settings and recommendations for how to spread best practices to clinical settings across the state; and

(V) Repealed.

(b) The department shall post the report prepared in accordance with this subsection (6) on its website.

(c) Notwithstanding section 24-1-136 (11)(a)(I), the reporting required by this subsection (6) continues indefinitely.
C.R.S. § 25-36-101 — CO Code / Title 25 / Article 36 / Section 25-36-101
25-36-101. Short-term grants for innovative health programs - grant fund - creation - appro
Status: repealed

25-36-101. Short-term grants for innovative health programs - grant fund - creation - appropriation from fund - transfer of moneys for fiscal years 2007-08 through 2011-12 - repeal. (Repealed)
C.R.S. § 25-3.5-309 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-309
25-3.5-309. Secure transportation - license required - fees - exceptions
Status: in_force

25-3.5-309. Secure transportation - license required - fees - exceptions. (1) (a) After January 1, 2023, an entity shall not provide public or private secure transportation services, as defined in section 25-3.5-103 (11.4), in this state unless that entity holds a valid license issued by the board of county commissioners of the county in which the secure transportation service is based; except that entities described in subsection (2) of this section may provide secure transportation services.

(b) Licenses, permits, and renewals issued pursuant to this section and section 25-3.5-310 require a fee in an amount to be determined by the board of county commissioners of the county in which the secure transportation service is based to reflect the direct and indirect costs incurred by the county in implementing licenses for secure transportation.

(2) Ambulance agencies, transportation services provided by the state department of human services, emergency service patrols established pursuant to section 27-81-115, and law enforcement may provide secure transportation services to an individual in need of urgent behavioral health care.

(3) An ambulance agency is eligible to receive reimbursement pursuant to section 25.5-5-328 and is exempt from additional licensing requirements if the agency meets the requirements for secure transportation as established by rule pursuant to section 25-3.5-311.

(4) Each vehicle operated by a secure transportation licensee must be issued a separate permit by the board of county commissioners of the county in which the secure transportation service is based upon positive review pursuant to section 25-3.5-310.
C.R.S. § 25-17-107 — CO Code / Title 25 / Article 17 / Part 1 / Section 25-17-107
25-17-107. Electronic device recycling task force - report - cash fund - repeal
Status: repealed

25-17-107. Electronic device recycling task force - report - cash fund - repeal. (Repealed)
C.R.S. § 25-4-1404 — CO Code / Title 25 / Article 4 / Part 14 / Section 25-4-1404
25-4-1404. Grant program - rules - conflict of interest
Status: in_force

25-4-1404. Grant program - rules - conflict of interest. (1) (a) The program shall fund medically accurate HIV and AIDS prevention and education programs through a competitive grant process that is overseen by the HIV and AIDS prevention grant program advisory committee, which is hereby created and referred to in this section as the "advisory committee". The advisory committee consists of seven members appointed by the executive director of the department as follows:

(I) One member who is recommended by the department's minority health advisory commission;

(II) Four members who are recommended by a statewide collaborative group that assists the department in the department's comprehensive plan for HIV and AIDS prevention;

(III) One member who has expertise in HIV and AIDS prevention and education; and

(IV) One member who represents a clinic that receives moneys under part 3 of the federal "Ryan White C.A.R.E. Act of 1990", as amended.

(b) The composition of the advisory committee shall reflect, to the extent practical, Colorado's ethnic, racial, and geographic diversity.

(c) The grants administered pursuant to section 25-4-1403 are only subject to the restrictions provided for in this section and section 25-4-1403 and are not subject to the same restrictions as grants provided with federal moneys for HIV and AIDS prevention. The state board, upon recommendations of the advisory committee, shall adopt rules that specify, but need not be limited to, the following:

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

(II) Grant application contents, in addition to those specified in section 25-4-1403 (4);

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

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

(V) The qualifications of an adequate proposal.

(2) The advisory committee shall review the applications received pursuant to this section and submit to the state board and the executive director of the department recommended grant recipients, recommended grant amounts, and the duration of each recommended grant. In making recommendations for grants, the advisory committee shall consider the distribution of federal funds in the areas of HIV and AIDS prevention, education, and treatment. Within thirty days after receiving the advisory committee's recommendations, the executive director shall submit his or her recommendations to the state board. The state board has the final authority to approve the grants administered under this section and section 25-4-1403. If the state board disapproves a recommendation for a grant recipient, the advisory committee may submit a replacement recommendation within thirty days after disapproval. In making grant recommendations, the advisory committee shall follow the purpose of the program as outlined in section 25-4-1403. The state board shall award grants to the entities selected by the advisory committee, specifying the amount and duration of each grant award. In reviewing and approving grant applications, the advisory committee and the state board shall ensure that grants are distributed statewide and address the needs of both urban and rural residents of Colorado.

(3) If a member of the advisory committee has an immediate personal, private, or financial interest in any matter pending before the advisory committee, the member shall disclose the fact and shall not vote upon the matter.
C.R.S. § 25-17-306 — CO Code / Title 25 / Article 17 / Part 3 / Section 25-17-306
25-17-306. Public education
Status: in_force

25-17-306. Public education. The department of public health and environment shall coordinate with existing public and private efforts regarding the development and implementation of a public education program about the recycling of electronic devices, the removal of data from an electronic device being offered for recycling, the benefits of electronic device recycling, how to find electronic device recyclers, and implementation of the landfill ban pursuant to section 25-17-303. The department shall perform these functions within its existing resources.
C.R.S. § 25-20.5-1202 — CO Code / Title 25 / Article 20.5 / Part 12 / Section 25-20.5-1202
25-20.5-1202. Office of gun violence prevention - created - director - staff - collaboration
Status: in_force

25-20.5-1202. Office of gun violence prevention - created - director - staff - collaboration. (1) (a) There is created in the department the office of gun violence prevention to coordinate and promote effective efforts to reduce gun violence and related traumas and promote research regarding causes of, and evidence-based responses to, gun violence.

(b) The executive director of the department shall appoint the director of the office of gun violence prevention pursuant to section 13 of article XII of the state constitution.

(c) The director shall appoint staff necessary to carry out the responsibilities of the office. At a minimum, the office must have, in addition to the director, one full-time equivalent employee in state fiscal year 2021-22 and two full-time equivalent employees in state fiscal year 2022-23.

(2) In order to effectively carry out its responsibilities, the office may collaborate with other state agencies, including the address confidentiality program created in section 24-30-2104; the office of suicide prevention established in section 25-1.5-101 (1)(w); the safe2tell program created in section 24-31-606; the school safety resource center created in section 24-33.5-1803; the department of education; the behavioral health administration in the department of human services; the office of the attorney general; and the division of criminal justice in the department of public safety. The office may also collaborate with individuals, educational institutions, health-care providers, and organizations with expertise in gun violence prevention and gun safety, including gun dealers, shooting ranges, and firearms safety instructors.
C.R.S. § 25-3-703 — CO Code / Title 25 / Article 3 / Part 7 / Section 25-3-703
25-3-703. Hospital report card - rules - exemption
Status: in_force

25-3-703. Hospital report card - rules - exemption. (1) (a) The executive director shall approve a Colorado hospital report card consisting of public disclosure of data assembled pursuant to this part 7. At a minimum, the data shall be made available on an internet website in a manner that allows consumers to conduct an interactive search that allows them to view and compare the information for specific hospitals. The website must include:

(I) Clinical outcomes measures from general and public hospitals licensed pursuant to section 25-1.5-103; and

(II) Such additional information as is determined necessary to ensure that the website enhances informed decision-making among consumers and health-care purchasers, which must include, at a minimum, appropriate guidance on how to use the data and an explanation of why the data may vary from hospital to hospital.

(b) When making a determination as to what data to report as required by subsection (1)(a) of this section, each executive director shall consider:

(I) Inclusion of data on all patients regardless of the payer source for Colorado hospitals and other information that may be required for either individual or group purchasers to assess the value of the product;

(II) Use of standardized clinical outcomes measures recognized by national organizations that establish standards to measure the performance of health-care providers;

(III) Data that is severity and acuity adjusted using statistical methods that show variation in reported outcomes, where applicable, and data that has passed standard edits;

(IV) Reporting the results with separate documents containing the technical specification and measures;

(V) Standardization in reporting; and

(VI) Disclosure of the methodology of reporting.

(2) Prior to the completion of the Colorado hospital report card, the executive director shall ensure that every hospital is allowed thirty days within which to examine the data and submit comments for consideration and inclusion in the final Colorado hospital report card.

(3) The state board of health shall promulgate rules that establish nursing-sensitive quality measures based upon a nationally recognized standard and revise the rules as necessary every three years to be included in the hospital report card. The nursing-sensitive quality measures must include at a minimum:

(a) Skill mix;

(b) The nursing hours per patient per day;

(c) Voluntary turnover;

(d) Patient falls prevalence rate;

(e) Patient falls with injury; and

(f) Recorded incidences of violence against staff and contracted staff.

(4) Hospitals with fewer than one hundred beds are exempt from the requirements of this section.
C.R.S. § 25-5-1005 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1005
25-5-1005. Exemptions
Status: in_force

25-5-1005. Exemptions. (1) The following devices are exempt from the requirements of this part 10:

(a) Artificial tanning devices which are used exclusively for personal, noncommercial purposes by the owner, members of the owner's family, or persons authorized by the owner to use the device;

(b) Phototherapy devices used by or under the supervision of a licensed physician or other licensed health-care professional within the scope of such person's practice for the purposes of treating diseases; and

(c) Artificial tanning devices which are in transit or storage and are not made available for use during such transit or storage.

(2) Nothing in this section shall be construed to mean that the department endorses any type of artificial tanning device, any location of such devices, any business which provides artificial tanning devices for use by the public, or the use of any such devices.
C.R.S. § 25-8-106 — CO Code / Title 25 / Article 8 / Part 1 / Section 25-8-106
25-8-106. Study - organizational placement of water quality control programs
Status: repealed

25-8-106. Study - organizational placement of water quality control programs. (Repealed)
C.R.S. § 25-4-1603 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1603
25-4-1603. Licensing, certification, and food protection agency
Status: in_force

25-4-1603. Licensing, certification, and food protection agency. The department is hereby designated the state licensing, certification, and food protection agency for the purpose of protecting the public health and ensuring a safe food supply in this state. In addition to such designation, the department is hereby authorized to regulate and control retail food establishments, promulgate rules governing the operation of such establishments, and uniformly enforce and administer this part 16.
C.R.S. § 25-8.5-108 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-108
25-8.5-108. Ex officio members
Status: in_force

25-8.5-108. Ex officio members. (1) Ex officio members shall be provided with notice of the authority meetings. Ex officio members shall not serve on the board. Ex officio members are not voting members. The following shall be considered ex officio members:

(a) Every conservation district of which more than two-thirds of its territory is included within the authority's boundaries;

(b) Any other governmental or quasi-governmental agency designated as an ex officio member by the authority.
C.R.S. § 25-4-905 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-905
25-4-905. Immunization of indigent children
Status: in_force

25-4-905. Immunization of indigent children. (1) The county, district, or municipal public health agency; a public health or school nurse under the supervision of a licensed physician or physician assistant authorized under section 12-240-107 (6); or the department of public health and environment, in the absence of a county, district, or municipal public health agency or public health nurse, shall provide, at public expense to the extent that funds are available, immunizations required by this part 9 to each child whose parents or guardians cannot afford to have the child immunized or, if emancipated, who cannot himself or herself afford immunization and who has not been exempted. The department of public health and environment shall provide all vaccines necessary to comply with this section as far as funds will permit. Nothing in this section precludes the department of public health and environment from distributing vaccines to physicians, advanced practice registered nurses, or others as required by law or the rules of the department. No indigent child shall be excluded, suspended, or expelled from school unless the immunizations have been available and readily accessible to the child at public expense.

(2) Notwithstanding any other provision of this part 9 to the contrary, programs and services that provide immunizations to children for communicable diseases shall be available to a child regardless of his or her race, religion, gender, ethnicity, national origin, or immigration status.
C.R.S. § 25-1-401 — CO Code / Title 25 / Article 1 / Part 4 / Section 25-1-401
25-1-401. Office of state chemist created
Status: in_force

25-1-401. Office of state chemist created. The professor of food and drug chemistry in the department of chemistry at the university of Colorado is the state chemist of Colorado. The office and laboratory of the state chemist is in the department of chemistry at the university of Colorado. The office of state chemist is a section of the division of administration of the department of public health and environment. The office of state chemist is a type 2 entity, as defined in section 24-1-105.
C.R.S. § 25-1.5-205 — CO Code / Title 25 / Article 1.5 / Part 2 / Section 25-1.5-205
25-1.5-205. Advice to other entities
Status: in_force

25-1.5-205. Advice to other entities. The department may advise municipalities, utilities, institutions, organizations, and individuals concerning the methods or processes believed best suited to provide the protection or purification of water to meet minimum general sanitary standards adopted pursuant to section 25-1.5-202.
C.R.S. § 25-4-1309 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1309
25-4-1309. Non-food-contact surfaces
Status: in_force

25-4-1309. Non-food-contact surfaces. Surfaces of product module display units, tethers, and display equipment which are not intended for food contact but which are exposed to splash, food debris, or other soiling shall be designed and fabricated to be smooth, cleanable, durable under conditions of normal use, and free of unnecessary ledges, projections, and crevices. The materials for non-food-contact surfaces shall be nonabsorbent or made nonabsorbent by being finished and sealed with a cleanable coating.
C.R.S. § 25-15-513 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-513
25-15-513. Violation - criminal penalty
Status: in_force

25-15-513. Violation - criminal penalty. Any person who violates any provision of this part 5 commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 25-8.5-119 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-119
25-8.5-119. Inclusion of property
Status: in_force

25-8.5-119. Inclusion of property. (1) Any municipality, county, or special district, or any portion thereof, shall be eligible for inclusion upon resolution of its governing body requesting inclusion in the authority and describing the property to be included. The authority, by resolution, may include such property on such terms and conditions as may be determined appropriate by the board.

(2) Upon receipt of a resolution requesting inclusion, the board shall cause an investigation to be made within a reasonable time to determine whether or not the municipality, county, or special district, or portion thereof, may feasibly be included within the authority, whether the municipality, county, or special district has any property which is tributary to the basin, waters, or watersheds governed by the authority, and the terms and conditions upon which the municipality, county, or special district may be included within the authority. If it is determined that it is feasible to include the municipality, county, or special district, or portion thereof, in the authority, and the municipality, county, or special district has property tributary to the basin, waters, or watersheds governed by the authority, the board by resolution shall set the terms and conditions upon which the municipality, county, or special district, or portion thereof, may be included within the authority and shall give notice thereof to the municipality, county, or special district. If the board determines that the municipality, county, or special district, or portion thereof, cannot feasibly be included within the authority or otherwise determines that the municipality, county, or special district should not be included within the authority, the board shall pass a resolution so stating and notifying the municipality, county, or special district of the action of the board. The board's determination that the county, municipality, or special district, or portion thereof, should not be included in the authority shall be conclusive.

(3) (a) If the governing body of the municipality, county, or special district desires to include the municipality, county, or special district, or portion thereof, within the authority upon the terms and conditions set forth by the board, the governing body shall adopt a resolution declaring that the public health, safety, and general welfare requires the inclusion of said municipality, county, or special district within the authority and that the governing body desires to have said municipality, county, or special district, or portion thereof, included therein upon the terms and conditions prescribed by the board. The governing body of such municipality, county, or special district, before final adoption of said resolution, shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation within such municipality, county, or special district, which shall be complete at least ten days before the hearing. Upon the final adoption of said resolution, the clerk of the governing body of such municipality, county, or special district shall forthwith transmit a certified copy of the resolution to the board and to the division of local government in the department of local affairs.

(b) After receipt of a copy of such resolution, the board shall pass and adopt a resolution including said municipality, county, or special district, or portion thereof, in the authority and shall cause a certified copy thereof to be transmitted to the division of local government and a certified copy to the governing body of the municipality, county, or special district.

(4) The director of said division, upon receipt of a certified copy of the resolution of the board, shall forthwith issue a certificate reciting that the municipality, county, or special district, or portion thereof, described in such resolution has been duly included within the authority according to the laws of the state of Colorado. The inclusion of such territory shall be deemed effective upon the date of the issuance of such certificate, and the validity of such inclusion shall not be contestable in any suit or proceeding which has not been commenced within thirty days from such date. The said division shall forthwith transmit to the governing body of such municipality, county, or special district and to the board five copies of such certificate, and the clerk of such governing body shall forthwith record a copy of the certificate in the office of the clerk and recorder of each county in which such municipality, county, or special district, or portion thereof, is located and file a copy thereof with the county assessor of each such county. Additional copies of said certificate shall be issued by the division of local government upon request.
C.R.S. § 25-4-409 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-409
25-4-409. Minors - treatment - consent
Status: in_force

25-4-409. Minors - treatment - consent. (1) (a) A health-care provider or facility, if consulted by a patient who is a minor, shall perform, at the minor's request, a diagnostic examination for a sexually transmitted infection. The health-care provider or facility shall treat the minor for a sexually transmitted infection, if necessary; discuss, administer, dispense, or prescribe preventive measures or medications, where applicable; and include appropriate therapies and prescriptions.

(b) If a minor requests a diagnostic examination, care, prevention services, or treatment for a sexually transmitted infection, the health-care provider who provides such services is not civilly or criminally liable for performing the service, but the immunity from liability does not apply to any negligent act or omission by the health-care provider.

(2) The consent of a parent or legal guardian is not a prerequisite for a minor to receive a consultation, an examination, preventive care, or treatment for sexually transmitted infections. For the purposes of this section, health care provided to a minor is confidential, and information related to that care must not be divulged to any person other than the minor; except that the reporting required pursuant to the "Child Protection Act of 1987", part 3 of article 3 of title 19, still applies. If the minor is thirteen years of age or younger, the health-care provider may involve the minor's parent or legal guardian. A health-care provider shall counsel the minor on the importance of bringing the minor's parent or legal guardian into the minor's confidence regarding the consultation, exam, or treatment.
C.R.S. § 25-19-103 — CO Code / Title 25 / Article 19 / Section 25-19-103
25-19-103. Definitions
Status: in_force

25-19-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Department" means the department of public health and environment created by section 25-1-102.

(2) "Environmental priorities plan" means a plan prepared in accordance with section 25-19-104.

(3) "Integrated environmental compliance agreement" means an agreement entered into between a small community and the department pursuant to section 25-19-105.

(4) "Small community" means a municipality, county, or special district with a population of less than two thousand five hundred persons or a combination of two or more such municipalities, counties, or special districts working together pursuant to an intergovernmental agreement for purposes of participation in the program established pursuant to this article.
C.R.S. § 25-7-119 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-119
25-7-119. Hearings
Status: repealed

25-7-119. Hearings. (1) Not more than thirty calendar days after a hearing has been requested as provided in this article 7, the commission must act upon such request. If granted, the commission shall set a time and place for the hearing not more than ninety calendar days following the first regularly scheduled commission meeting after receipt of the hearing request, unless a shorter period is otherwise specifically provided for in this article 7. Notice of the hearing must be printed in a newspaper of general circulation in the area in which the proposed project or activity is located at least thirty days prior to the date of the hearing.

(2) The division shall appear as a party in any hearing before the commission and shall have the same rights to judicial review as any other party.

(2.5) The division or the federal environmental protection agency, or both, may appear as parties pursuant to subsection (5) of this section in any hearing before the commission. The federal environmental protection agency is encouraged to participate in the hearing process early and often so that its interpretations are heard. If the federal environmental protection agency does not comply with the provisions of this subsection (2.5), the commission may not receive evidence from such agency in any hearing related to stationary sources conducted pursuant to this section, and any subsequent opinions by such agency shall carry no weight before the commission or in any judicial proceeding.

(3) All testimony taken at any such hearing before the commission shall be under oath or affirmation. A full and complete record of all proceedings and testimony presented shall be taken and filed. The stenographer shall furnish, upon payment and receipt of any fees allowed therefor, a certified transcript of the whole or any part of the record to any party in such hearing requesting the same.

(4) Any information relating to secret processes or methods of manufacture or production which may be required, ascertained, or discovered shall not be publicly disclosed in public hearings or otherwise and shall be kept confidential by any member, officer, or employee of the commission or the division. Any person seeking to invoke the protection of this subsection (4) in any hearing shall bear the burden of proving its applicability. Except as provided in the federal act, information claimed to be related to secret processes or methods of manufacture or production but which constitutes emission data may not be withheld as confidential; except that such information may be submitted under a claim of confidentiality, and the division shall not disclose any such information to the public unless required under the federal act.

(5) At any hearing, any person who is affected by the proceeding and whose interests are not already adequately represented shall have the opportunity to be a party thereto upon prior application to and approval by the commission in its sole discretion, as deemed reasonable and proper by said commission, and such person shall have the right to be heard and to cross-examine any witness.

(6) After due consideration of the written and oral statements, the testimony, and the arguments presented at any such hearing, the commission shall make its findings and order, based upon evidence in the record, or make such determination of the matter as it shall deem appropriate, consistent with the provisions of this article and any rule, regulation, or determination promulgated by the commission pursuant thereto. Unless a time period is otherwise specifically provided for in this article, such finding and order or determination shall be made within thirty calendar days after the completion of such hearing.

(7) In all proceedings before the commission with respect to any alleged violation of any provision of this article, regulation of the commission, order or permit or terms or conditions thereof, or requirement of the state implementation plan, the burden of proof shall be upon the division.

(8) The applicant for a permit or delayed compliance order, or any modification thereof, and the petitioner for any amendment to the state implementation plan shall bear the burden of proof with respect to the justification therefor and the information, data, and analysis supportive thereof or required with respect to such application or petition.

(9) Repealed.

(10) Every hearing granted by the commission shall be conducted by the commission, and every hearing shall comply with the provisions of this article and the provisions of article 4 of title 24, C.R.S.
C.R.S. § 25-8-204 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-204
25-8-204. Water quality standards
Status: in_force

25-8-204. Water quality standards. (1) Water quality standards shall be promulgated by the commission by regulations which describe water characteristics or the extent of specifically identified pollutants for state waters.

(2) Water quality standards may be promulgated with respect to any measurable characteristic of water, including, but not limited to:

(a) Toxic substances;

(b) Suspended solids, colloids, and combinations of solids with other suspended substances;

(c) Bacteria, fecal coliform, fungi, viruses, and other biological constituents and characteristics;

(d) Dissolved oxygen, and the extent of oxygen demanding substances;

(e) Phosphates, nitrates, and other dissolved nutrients;

(f) pH and hydrogen compounds;

(g) Chlorine, heavy metals, and other chemical constituents;

(h) Salinity, acidity, and alkalinity;

(i) Trash, refuse, oil and grease, and other foreign material;

(j) Taste, odor, color, and turbidity;

(k) Temperature.

(3) Water quality standards may be promulgated for use in connection with any one or more of the classes of state waters established by the commission pursuant to section 25-8-203 and may be made applicable with respect to any designated portion of state water or to all state waters.

(4) In promulgating water quality standards, the commission shall consider:

(a) The need for standards which regulate specified pollutants;

(b) Such information as may be available to the commission as to the degree to which any particular type of pollutant is subject to treatment; the availability, practicality, and technical and economic feasibility of treatment techniques; the impact of treatment requirements upon water quantity; and the extent to which the discharge to be controlled is significant;

(c) The continuous, intermittent, or seasonal nature of the pollutant to be controlled;

(d) The existing extent of pollution or the maximum extent of pollution to be tolerated as a goal;

(e) Whether the pollutant arises from natural sources;

(f) Beneficial uses of water; and

(g) Such information as may be available to the commission regarding the risk associated with the pollutants including its persistence, degradability, the usual or potential presence of the affected organism in any waters, the importance of the affected organisms, and the nature and extent of the effect of the pollutant on such organisms.

(5) In establishing water quality standards using statistical methodologies or in requiring the use of statistical methodologies for permit or enforcement purposes, statistical methodologies used must be based on assumptions that are compatible with the water quality data.

(6) For the purpose of implementing section 303(c)(2)(B) of the federal act, the commission may adopt numerical water quality standards for toxic pollutants listed pursuant to section 307(a)(1) of the federal act for which criteria have been published under section 304(a) of the federal act, and these standards may be applied in accordance with this article to discharges of pollutants to specified portions or segments of surface waters where such pollutants may be discharged or are present in the affected surface waters and could reasonably be expected to interfere with classified uses. Monitoring requirements for discharges of such pollutants shall be reasonably related to the potential for the presence of such pollutants in the discharge at levels inconsistent with water quality standards and shall be imposed to the maximum extent practical on those responsible for the presence of the pollutants. This subsection (6) does not in any way limit the commission's authority to adopt water quality standards in order to comply with provisions of the federal act.

(7) If, after full application of publicly owned treatment work authority pursuant to section 307(b)(1) of the federal act, stream standards or effluent limitations established pursuant to subsection (6) of this section are exceeded as a result of a discharge from a publicly owned treatment work, the commission, upon request of a publicly owned treatment work, shall conduct a public hearing to investigate the source of pollution causing such exceedance.
C.R.S. § 25-20.5-2104 — CO Code / Title 25 / Article 20.5 / Part 21 / Section 25-20.5-2104
25-20.5-2104. Disordered eating prevention research grant program - creation - process - repor
Status: repealed

25-20.5-2104. Disordered eating prevention research grant program - creation - process - reporting requirements - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Eligible applicant" means an individual, nonprofit organization, or for-profit organization that conducts research on disordered eating and prevention in youth, adults, and older Coloradans or serves youth, adults, and older Coloradans who have disordered eating traits.

(b) "Grant recipient" means an eligible applicant that the division selects to receive money through the grant program.

(2) (a) There is created in the division the disordered eating prevention research grant program. The purpose of the grant program is to provide financial assistance to eligible applicants to conduct research on the root causes of disordered eating and examine the risk factors and protective factors for disordered eating in youth, adults, and older Coloradans.

(b) On or before October 1, 2024, the division shall adopt guidelines for the grant program. The guidelines must include:

(I) Application procedures by which eligible applicants may apply for a grant pursuant to this section;

(II) Criteria to use in selecting eligible applicants to receive grant money and determining the amount of grant money to be awarded to each grant recipient;

(III) Procedures for the administration of the grant program, including the dates the department and the office of disordered eating prevention announce the grant program, begin accepting applications, allow eligible applicants to submit applications, and begin distributing grant money to the grantees; and

(IV) Reporting procedures for grant recipients.

(3) (a) Each grant recipient shall submit a written report to the division. The report must include a summary of the research made possible by the grant money.

(b) The division shall include in the report required pursuant to section 25-20.5-2103 (5) the following information regarding the administration of the grant program during the preceding year:

(I) The number of grant recipients that received money from the grant program;

(II) The amount of each grant awarded to each grant recipient;

(III) A summary of grant recipients' written reports described in subsection (3)(a) of this section.

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

(5) This section is repealed, effective July 1, 2027.
C.R.S. § 25-20.5-1402 — CO Code / Title 25 / Article 20.5 / Part 14 / Section 25-20.5-1402
25-20.5-1402. Health-care workforce resilience and retention program - implementation - duties
Status: in_force

25-20.5-1402. Health-care workforce resilience and retention program - implementation - duties. (1) Subject to available appropriations, the department shall implement the health-care workforce resilience and retention program, referred to in this section as the "program", using existing initiatives to ensure that Colorado's health-care workforce is supported in order to meet the health-care demands of Coloradans.

(2) The program is intended to support the resilience, well-being, and retention of health-care workers. Activities may include:

(a) Providing technical assistance, guidance, and funding support to community partners specific to the development of programs and services aimed at retaining health-care workers, such as best practices and strategies:

(I) That promote healthy work cultures;

(II) That promote the adoption of internal employee assistance programs;

(III) That promote external third-party support and resilience programs; and

(IV) For greater partnerships between care providers and facility and system executive leadership;

(b) Collaborative partnerships with community partners, such as the development, implementation, and evaluation of:

(I) Peer support programs and services;

(II) Pre-clinical in-person and telehealth services;

(III) Training programs; and

(IV) Recovery and resilience coaching for staff and leadership;

(c) Planning, research, and evaluation that supports the resilience, well-being, and retention of health-care workers.

(3) The department may use gifts, grants, or donations to support the program or matching funds from health-care employers.
C.R.S. § 25-3.5-313 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-313
25-3.5-313. Reporting
Status: in_force

25-3.5-313. Reporting. The department shall annually make publicly available the data collected from secure transportation providers.
C.R.S. § 25-16-101 — CO Code / Title 25 / Article 16 / Part 1 / Section 25-16-101
25-16-101. Legislative declaration
Status: in_force

25-16-101. Legislative declaration. (1) The general assembly hereby finds and declares that the existence of facilities subject to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", including old radium mill residue deposits, poses a potential and significant health hazard. This article is therefore enacted to protect the public health, safety, and welfare by cooperating with the federal government in providing for the disposal and control of such wastes in a safe and environmentally sound manner to prevent or minimize other environmental impacts from such wastes and by providing for the creation of a hazardous substance response fund to provide the necessary state's share of the response costs of cleaning up such sites.

(2) The general assembly also finds and declares that in order to further the purposes of section 30-20-100.5, C.R.S., it is necessary for a portion of the solid waste user fee imposed under section 25-16-104.5 to be used for the purposes specified in part 1 of article 20 of title 30, C.R.S.
C.R.S. § 25-8-602 — CO Code / Title 25 / Article 8 / Part 6 / Section 25-8-602
25-8-602. Notice of alleged violations
Status: in_force

25-8-602. Notice of alleged violations. (1) Whenever the division has reason to believe that a violation of an order, permit, or control regulation issued or promulgated under authority of this article has occurred, the division shall cause written notice to be served personally or by certified mail, return receipt requested, upon the alleged violator or his agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute a violation, and it may include the nature of any corrective action proposed to be required.

(2) Each cease-and-desist and clean-up order issued pursuant to sections 25-8-605 and 25-8-606 shall be accompanied by or have incorporated in it the notice provided for in subsection (1) of this section unless such notice has been given prior to issuance of such cease-and-desist or clean-up order.
C.R.S. § 25-4-111 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-111
25-4-111. Penalty
Status: in_force

25-4-111. Penalty. Any person who violates any of the provisions of this part 1 or refuses to comply with any lawful order or requirement of the department of public health and environment, duly made in writing as provided in section 25-4-109 commits a petty offense. Each day of noncompliance after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate such conditions, as ordered by the department of public health and environment, constitutes a separate offense.
C.R.S. § 25-8-501 — CO Code / Title 25 / Article 8 / Part 5 / Section 25-8-501
25-8-501. Permits required for discharge of pollutants - administration
Status: in_force

25-8-501. Permits required for discharge of pollutants - administration. (1) No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article. No person covered by this article shall use or dispose of biosolids, except as authorized by regulations that shall not be more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S., except as necessary to be consistent with section 405 of the federal act. Existing authorization for the use or disposal of biosolids shall continue until permits are issued in accordance with this part 5. Each application for a permit duly filed under the federal act shall be deemed to be a permit application filed under this article, and each permit issued pursuant to the federal act shall be deemed to be a temporary permit issued under this article which shall expire upon expiration of the federal permit.

(2) The division shall examine applications for and may issue, suspend, revoke, modify, deny, and otherwise administer permits for the discharge of pollutants into state waters and for the use and disposal of biosolids. Such administration shall be in accordance with the provisions of this article and regulations promulgated by the commission. Until modified pursuant to this article, final permits shall be governed by their existing limitations.

(3) The commission shall promulgate such regulations as may be necessary and proper for the orderly and effective administration of permits for the discharge of pollutants, which regulations shall include, but not be limited to, procedures for the issuance of a variance pursuant to section 25-8-503 (4), and shall also require that, in appropriate circumstances, the effluent limitations contained in a permit shall be adjusted to account for the pollutants contained in the discharger's intake water. Such regulations shall be consistent with the provisions of this article and with federal requirements and shall be in furtherance of the policy contained in section 25-8-102. Such regulations shall establish a permit process that allows permit conditions to remain in effect as long as circumstances dictate those conditions. In order to comply with federal requirements, but not to lessen compliance with federal standards, such permit process may require periodic renewal of permits even where minimal or no changes in the permit conditions are necessary. Renewal shall be required where more than minimal changes in permit conditions are necessary. The regulations may pertain to and implement, among other matters, permit and permit application contents, procedures, requirements, and restrictions with respect to the following:

(a) Identification and address of the owner and operator of the activity, facility, or process from which the discharge is to be permitted;

(b) Location and quantity and quality characteristics of the permitted discharge;

(c) Effluent limitations and conditions for treatment prior to discharge to a publicly owned treatment works;

(d) Monitoring as well as record-keeping and reporting requirements consistent with standard procedures and methods established by the division;

(e) Schedules of compliance;

(f) Procedures to be followed by division personnel for entering and inspecting premises;

(g) Submission of pertinent plans and specifications for the facility, process, or activity which is the source of a waste discharge;

(h) Restrictions on transfers of the permit;

(i) Procedures to be followed in the event of expansion or modification of the process, facility, or activity from which the discharge occurs or the quality, quantity, or frequency of the discharge;

(j) Duration of the permit and renewal procedures using a risk-based approach that limits the amount of work required to renew permits that have minimal or no changes in the permit conditions to streamline the renewal process;

(k) Authority of the division to require changes in plans and specifications for control facilities as a condition for the issuance of a permit;

(l) Identification of control regulations over which the permit takes precedence and identification of control regulations over which a permit may never take precedence;

(m) Notice requirements of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge;

(n) Effectiveness under this article of permit applications submitted to and permits issued by the federal government under the federal act.

(4) Nothing in any permit shall ever be construed to prevent or limit the application of any emergency power of the division.

(5) Every permit issued for a domestic wastewater treatment works shall contain such terms and conditions as the division determines to be necessary or desirable to assure continuing compliance with applicable control regulations. Such terms and conditions may require that whenever deemed necessary by the division to assure such compliance the permittee shall:

(a) Require pretreatment of effluent from industrial, governmental, or commercial facilities, processes, and activities before such effluent is received into the gathering and collection system of the permittee;

(b) Prohibit any connection to any municipal permittee's interceptors and collection system that would result in receipt by such municipal permittee of any effluent other than sewage required by law to be received by such permittee;

(c) Include specified terms and conditions of its permit in all contracts for receipt by the permittee of any effluent not required to be received by a municipal permittee;

(d) Initiate engineering and financial planning for expansion of the domestic wastewater treatment works whenever throughput and treatment reaches eighty percent of design capacity;

(e) Commence construction of such domestic wastewater treatment works expansion whenever throughput and treatment reaches ninety-five percent of design capacity or, in the case of a municipality, either commence such construction or cease issuance of building permits within such municipality until such construction is commenced; except that building permits may continue to be issued for any construction which would not have the effect of increasing the input of domestic wastewater to the sewage treatment works of the municipality involved. The term "commence construction", as used in this paragraph (e), includes execution of, and commencement of work under, contracts for engineering design, plans, and specifications for erection, building, alteration, remodeling, improvement, or extension of treatment works and commitment to the completion of construction of such treatment works prior to exceeding permit effluent limitations based upon facility design and capacity or execution of a contract for the construction thereof.

(6) Inclusion of the requirements authorized by paragraph (d) of subsection (5) of this section shall be presumed unnecessary to assure compliance upon a showing that the area served by a domestic wastewater treatment works has a stable or declining population; but this provision shall not be construed as preventing periodic review by the division should it be felt that growth is occurring or will occur in the area.
C.R.S. § 25-4-1401 — CO Code / Title 25 / Article 4 / Part 14 / Section 25-4-1401
25-4-1401. Drug assistance program - program fund - HIV medications rebate fund - created -
Status: in_force

25-4-1401. Drug assistance program - program fund - HIV medications rebate fund - created - legislative declaration - no entitlement created. (1) (a) The general assembly recognizes that:

(I) Medical science is making strides in treating individuals who have AIDS or HIV;

(II) There are effective biomedical strategies to reduce new HIV infections;

(III) Individuals at risk of HIV may also be at risk of other infectious diseases that can exacerbate the outcomes of an HIV infection;

(IV) Individuals of lower income face barriers accessing biomedical interventions, particularly if they lack health insurance coverage or if their health insurance includes unaffordable premiums or cost-sharing requirements; and

(V) Both the public health and quality of life would benefit from providing assistance with such costs and encouraging prompt and sustained treatment, eventually preventing further transmission of HIV, viral hepatitis, and sexually transmitted infections through prevention, cure, or viral suppression.

(b) Therefore, the general assembly declares that the purpose of this section is to implement the drug assistance program for qualifying individuals of lower income who have medical or preventive needs concerning AIDS or HIV, viral hepatitis, or a sexually transmitted infection.

(c) Nothing in this section shall be construed to establish any entitlement to services from the department of public health and environment.

(2) (a) Subject to available appropriations, the department of public health and environment is authorized to implement and administer a drug assistance program, referred to in this section as the "state program", to provide assistance with indicated screening, general medical, preventive, and pharmaceutical costs for eligible individuals.

(b) The general assembly may annually appropriate moneys from the general fund to assist with indicated screening, general medical, preventive, and pharmaceutical costs for individuals participating in the state program.

(c) The state program is also funded with federal funds available under the federal "Ryan White C.A.R.E. Act of 1990", as amended.

(d) (I) The HIV medications rebate fund, referred to in this subsection (2)(d) as the "fund", is created in the state treasury. The fund consists of any money received based on charges in excess of a federal price agreement and any additional money the general assembly appropriates to the fund. The general assembly shall continuously appropriate money in the fund to the department of public health and environment for use for the state program. Any money remaining in the fund at the end of a state fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(II) The fund is not subject to the limit on uncommitted reserves in a cash fund established in section 24-75-402 (3).

(e) For activities of the state program funded by the drug assistance program fund that exceed the appropriation from the drug assistance program fund, if there are sufficient uncommitted moneys in the AIDS and HIV prevention fund, the program may use moneys appropriated for the implementation and administration of the state program from the AIDS and HIV prevention fund as authorized by section 25-4-1405.

(3) To be eligible to participate in the state program, an individual must:

(a) Have a medical indication for treatment or prevention of HIV or AIDS, viral hepatitis, or another sexually transmitted infection;

(b) Have a prescription from an authorized provider for a pharmaceutical product or combination of pharmaceutical products, as applicable, that are included on the drug formulary for the state program; and

(c) Meet income eligibility requirements as determined by the department of public health and environment in consultation with the subcommittee of the advisory group on AIDS policy established in subsection (5) of this section.

(4) Notwithstanding any other provision of this part 14 to the contrary, if a person meets the eligibility requirements set forth in subsection (3) of this section, he or she is eligible for programs and services that provide for the investigation, identification, testing, preventive care, or treatment of HIV infection or AIDS regardless of his or her race, religion, gender, ethnicity, national origin, or immigration status.

(5) A subcommittee of an advisory group convened by the governor to make recommendations for HIV and AIDS policy in the state shall serve in an advisory role to the department of public health and environment in implementing the state program and shall provide advice and recommendations to the department of public health and environment concerning:

(a) Which pharmaceutical products should be listed on the drug formulary for the state program;

(b) Income and other eligibility requirements for the state program; and

(c) The uses of funding for the state program pursuant to paragraphs (a) to (e) of subsection (2) of this section.

(6) If at any time the department of public health and environment, in consultation with the subcommittee of the advisory group on HIV and AIDS policy established in subsection (5) of this section, determines that the drug assistance program is reaching the program's fiscal limitations, the department, in consultation with the subcommittee, shall implement a policy of giving preference to the highest-priority applicants of lower income, who otherwise meet the eligibility requirements in subsection (3) of this section, for enrollment into the program in the following rank order:

(a) Individuals diagnosed with HIV or AIDS;

(b) Individuals in need of treatment to prevent HIV infection;

(c) Individuals diagnosed with other sexually transmitted infections that can be prevented or cured through currently available pharmaceutical treatments;

(d) Individuals diagnosed with viral hepatitis;

(e) Individuals with emerging care, treatment, or prevention needs concerning HIV, viral hepatitis, or other sexually transmitted infections.

(7) (a) The drug assistance program fund is created in the state treasury. The principal of the fund consists of tobacco litigation settlement moneys transferred by the state treasurer to the fund pursuant to section 24-75-1104.5 (1.7)(f), C.R.S. Subject to annual appropriation by the general assembly, the department of public health and environment may expend moneys from the fund for the state program. Any unexpended or unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(b) The department of public health and environment and the advisory group shall determine how the moneys appropriated for the state program pursuant to this subsection (7) are to be used.
C.R.S. § 25-7-142 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-142
25-7-142. Energy benchmarking - data collection and access - utility requirements - task f
Status: repealed

25-7-142. Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - definitions - legislative declaration - repeal. (1) Legislative declaration. The general assembly finds, determines, and declares that the regulation of building performance is a matter of statewide concern because:

(a) As of 2020, buildings represented a significant source of greenhouse gas pollution in the state of Colorado;

(b) Energy consumption and greenhouse gas emissions associated with a building produce impacts far beyond its walls and the boundaries of the local government within which the building is located, including costs to utility ratepayers for increased energy production, community health costs associated with air pollution, and broader societal costs of anthropogenic climate change;

(c) Many building owners have made proactive efforts to reduce the energy use and greenhouse gas emissions of their buildings, yet more remains to be done to help the state meet its greenhouse gas reduction goals;

(d) Building tenants that pay energy bills often lack the ability to implement building upgrades that could improve performance, reduce emissions, and reduce those costs;

(e) The commission has both the statutory authority and obligation to require a reduction of greenhouse gas emissions in the state in every sector including buildings;

(f) (I) Benchmarking and building performance standards will support job growth in Colorado. According to the United States Climate Alliance, before January 1, 2020, the fastest growing clean energy industries in Colorado included:

(A) Traditional heating, ventilation, and air conditioning, totaling ten thousand four hundred thirty-eight jobs; and

(B) Energy Star and efficient lighting, totaling eleven thousand one hundred fifty-six jobs.

(II) Additionally, analysis conducted by Advanced Energy Economy identified more than sixty thousand advanced energy jobs in Colorado, with more than fifty percent of those jobs in energy efficiency.

(g) The state of Colorado provides many low- and no-cost options for Colorado property owners to finance building performance improvements, including:

(I) Property-assessed clean energy financing that the Colorado new energy improvement district created in section 32-20-104 provides, whereby qualifying energy efficiency and renewable energy improvements are paid back via an assessment on annual property taxes; and

(II) Performance contracting, whereby improvements are paid for by contractually guaranteed savings from efficiency upgrades;

(h) Many public utilities in the state also provide technical assistance and financial incentives to help property owners implement building performance improvements; and

(i) It is in the interest of the state to:

(I) Establish a program to help Colorado citizens understand and track energy use and greenhouse gas emissions from large buildings; and

(II) Develop performance standards necessary to meet state greenhouse-gas-emission-reduction goals.

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

(a) "Aggregated data" means electric or gas meter data from which any unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building.

(b) "Aggregation threshold" means, for each qualifying utility, the minimum number of customer accounts associated with a covered building for which the qualifying utility may provide the owner of the covered building with aggregated data upon request without requiring each customer's consent to have the customer's energy-use data accessed or shared.

(c) "Benchmark" means to input benchmarking data into a benchmarking tool to measure and assess the energy performance and greenhouse gas pollution for a covered building for the reporting year.

(d) Except as the commission may modify by rule pursuant to subsection (7) of this section, "benchmarking data" means the information related to a covered building that is input into or calculated by a benchmarking tool and includes, at a minimum:

(I) A physical description of the covered building and descriptions of its operational characteristics, including:

(A) The name of the covered building, if any;

(B) The address of the covered building;

(C) The primary uses of the covered building;

(D) The covered building's gross floor area; and

(E) The years in which the covered building has been certified by Energy Star and the most recent date of certification, if applicable; and

(II) Data generated by the benchmarking tool, including:

(A) The Energy Star score, if available;

(B) Monthly energy use by fuel type;

(C) Site and source energy-use intensity;

(D) Weather-normalized site and source energy-use intensity;

(E) Confirmation that data quality has been checked;

(F) Annual maximum electricity demand, in kilowatts;

(G) If available for reporting through the benchmarking tool, monthly peak electricity demand; and

(H) Greenhouse gas emissions, including total, indirect, and direct emissions.

(e) Except as the commission may modify by rule pursuant to subsection (7) of this section, "benchmarking tool" means the Energy Star Portfolio Manager® or a successor online resource used to track and assess the performance of certain properties relative to similar properties.

(f) "Biomedical research laboratory" means a scientific laboratory used to conduct research relating to both biology and medicine.

(g) (I) "Campus" means a collection of two or more buildings that are owned and operated by the same person and that have a shared purpose and function as a single property.

(II) "Campus" includes two or more of the buildings that comprise the capitol complex.

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

(i) "Correctional facility" means:

(I) A correctional facility, as defined in section 17-1-102 (1.7);

(II) A private contract prison, as defined in section 17-1-102 (7.3);

(III) A local jail, as defined in section 17-1-102 (7);

(IV) A municipal jail, as authorized in section 31-15-401 (1)(j); and

(V) A juvenile detention facility governed by part 15 of article 2.5 of title 19.

(j) (I) Except as the commission may modify by rule pursuant to subsection (7) of this section, "covered building" means a building comprising a gross floor area of fifty thousand square feet or more that is occupied by a single occupant or group of tenants.

(II) "Covered building" does not include:

(A) A storage facility, stand-alone parking garage, or airplane hangar that lacks heating and cooling;

(B) A building in which more than half of the gross floor area is used for manufacturing, industrial, or agricultural purposes; or

(C) A single-family home, duplex, or triplex.

(k) "Energy Star" means the federal program authorized by 42 U.S.C. sec. 6294a, as amended, to help customers, businesses, and industry save money and protect the environment through the adoption of energy-efficient products and practices.

(l) "Energy Star score" means the one-to-one-hundred numeric rating generated by the Energy Star Portfolio Manager® as a measurement of a building's energy efficiency.

(m) "Energy-use intensity" means a building's energy use, expressed as total site energy use per square foot per year.

(n) "Financial hardship" means that a property is experiencing at least one of the following conditions:

(I) The property has been included on a city's, county's, or city and county's annual tax lien sale list within the previous two years;

(II) The property is an asset subject to a court-appointed receiver that controls the asset due to financial stress;

(III) The property is owned by a financial institution as a result of a default by a borrower;

(IV) The property has been acquired by a deed in lieu of foreclosure;

(V) The property is the subject of a senior mortgage subject to a notice of default; or

(VI) Due to the governor declaring a disaster emergency pursuant to section 24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration.

(o) "Greenhouse gas" has the meaning set forth in section 25-7-140 (6).

(p) "Gross floor area" means the total building area, as measured from the outside surface of each exterior wall of the building, including above-grade and below-grade space.

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

(r) "Owner" means a person possessing title to a property or the person's designated agent.

(s) "Performance standards" means standards that the commission establishes by rule pursuant to subsection (8)(c) of this section with which owners of covered buildings are required to comply.

(t) "Public building" means a covered building owned by:

(I) The state;

(II) A local government;

(III) A district or special district regulated under title 32;

(IV) A state institution of higher education;

(V) A private institution of higher education as defined in section 23-18-102 (9);

(VI) A school district created pursuant to article 30 of title 22; and

(VII) A charter school authorized pursuant to part 1 of article 30.5 of title 22.

(u) "Qualifying utility" means:

(I) An electric or gas utility with five thousand or more active commercial and industrial service connections, accounts, or customers in the state, including:

(A) An investor-owned electric or gas utility;

(B) A cooperative electric association; or

(C) A municipally owned electric or gas utility; or

(II) A natural gas supplier with five or more active commercial or industrial connections, accounts, or customers in the state.

(v) "State institution of higher education":

(I) Has the meaning set forth in section 23-1-108 (7)(g)(II);

(II) Includes the Auraria higher education center, governed pursuant to article 70 of title 23; and

(III) Does not include a biomedical research laboratory.

(w) "Tenant" means a person that, pursuant to a rental or lease agreement, occupies or holds possession of a building or part of a building or premises.

(x) "Unique identifier" means a customer's contact information displayed on a utility bill such as the customer's name, mailing address, telephone number, or e-mail address.

(y) "Utility customer" means the building owner or tenant listed on the utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account.

(3) Benchmarking requirements on owners. (a) On or before December 1, 2022, and on or before June 1 of each subsequent year, the owner of a covered building shall submit a report of the benchmarking data for the previous calendar year to the office.

(b) Before providing a benchmarking report pursuant to subsection (3)(a) of this section, an owner shall run any automated data checking function of the benchmarking tool and correct any errors discovered.

(c) The following owners may comply with this subsection (3) collectively at the campus-wide level:

(I) The owner of multiple covered buildings that are part of a master metered group of buildings without submetering;

(II) The owner of a correctional facility; and

(III) The owner of a public building that is a covered building.

(4) Utility data requirements. (a) On or before June 1, 2022, a qualifying utility shall:

(I) Establish an aggregation threshold that is four or fewer utility customer accounts;

(II) Publish its aggregation threshold on its public website; and

(III) Upon request of an owner of a covered building, begin providing energy-use data to the owner.

(b) Energy-use data that a qualifying utility provides an owner pursuant to this subsection (4) must be:

(I) Available on, or able to be requested through, an easily navigable web portal or online request form using up-to-date standards for digital authentication, including single one-time passwords or multi-factor authentication;

(II) Provided to the owner within:

(A) Ninety days after receiving the owner's valid written or electronic request if the request is received in 2022;

(B) Thirty days after receiving the owner's valid written or electronic request if the request is received in 2023 or later;

(III) Directly uploaded to the owner's benchmarking tool account, delivered in the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the office;

(IV) Provided to the owner on at least an annual basis until the owner revokes the request for energy-use data or sells the covered building;

(V) Provided in accordance with this subsection (4), regardless of whether the owner is named on the utility account for the covered building; and

(VI) If the qualifying utility is an investor-owned utility, provided in accordance with the public utilities commission's rules concerning customer data and personally identifying information.

(c) For covered buildings that do not meet the qualifying utility's aggregation threshold, and thus require utility customer consent to access or share energy-use data, the consent:

(I) May be in written or electronic form;

(II) May be provided in a lease agreement provision;

(III) Is valid until the utility customer revokes it; and

(IV) Is not required if a utility customer vacates the covered building before explicitly denying the owner consent to access and share the utility customer's energy-use data.

(d) To meet the requirements of this subsection (4), a qualifying utility that is not an investor-owned utility may seek and use grant funding from the Colorado clean energy fund, a nonprofit corporation, or the energy fund created in section 24-38.5-102.4 (1)(a)(I).

(5) Benchmarking waivers and extensions of time. (a) An owner of a covered building may seek a waiver from the benchmarking requirements set forth in subsection (3) of this section if the owner submits documentation to, and receives approval from, the office, which documentation establishes that the covered building has met one or more of the following conditions for the calendar year to be benchmarked:

(I) The covered building was unoccupied for at least thirty consecutive days of the year;

(II) A demolition permit was issued for the entire covered building;

(III) The covered building met one or more of the conditions for financial hardship;

(IV) The covered building does not meet a qualifying utility's aggregation threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy-use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least thirty days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal; or

(V) The covered building has four or more utility customers, is not located within a qualifying utility's service territory, and the owner is unable to get aggregated data from the utility that serves the covered building.

(b) An owner of a covered building may request a time extension from the office to submit a benchmarking report if the owner submits documentation to the office demonstrating that, despite the owner's good-faith effort, the owner was unable to complete the benchmarking report in a timely manner because of the failure or refusal of a qualifying utility or a utility customer to provide the necessary information or permission, as applicable.

(c) The office shall notify the division of all approved waivers and extensions of time, the approval of which is solely within the office's discretion.

(d) Pursuant to subsection (7) of this section, the commission may, by rule, modify the requirements for obtaining a waiver or extension of time pursuant to this subsection (5).

(6) Requirements upon sale or lease of a covered building. (a) At the time of listing a covered building or a portion of a covered building for sale or lease, the owner of the covered building shall furnish an electronic copy of reported benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the following:

(I) Prospective buyers or lessees;

(II) Any brokers, as defined in section 12-10-201 (6), who make inquiry about the property; and

(III) Major commercial real estate listing services on which the property is listed.

(b) Upon receipt of the benchmarking data, a commercial real estate listing service that lists properties in the state shall include in the property's listing, at a minimum, the property's Energy Star score, if applicable, and the property's energy-use intensity.

(c) If a covered building changes ownership, the former owner shall make available to the new owner the energy-use data; utility customer consent documentation, if any; and any other information about the property that is necessary to benchmark the covered building. The former owner shall transfer to the new owner both the record representing the covered building within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements.

(7) Benchmarking rules. The commission may promulgate rules to implement the benchmarking program set forth in this section. Additionally, the commission may, by rule, modify the following:

(a) The provisions regarding waivers and extensions of time set forth in subsection (5) of this section;

(b) The definition of "benchmarking data", but only if the modified definition concerns data that:

(I) Is capable of being recorded by the benchmarking tool; and

(II) Includes the greenhouse gas emissions, the Energy Star score, if applicable, and energy-use intensity;

(c) The benchmarking tool that owners are required to use to benchmark;

(d) Data verification requirements; and

(e) After June 1, 2029, the minimum gross floor area included in the definition of "covered building".

(8) Task force recommendations for implementation - rules - repeal. (a) (I) No later than October 1, 2021, the director of the office shall appoint and convene a task force to develop and provide recommendations to the commission, the general assembly, and the governor on performance standards for covered buildings. Any recommendations must be approved by at least two-thirds of the members appointed to the task force.

(II) The task force shall develop recommendations regarding the rules that the commission shall promulgate pursuant to subsection (8)(c) of this section, for:

(A) Interim performance standards that would achieve a reduction in greenhouse gas emissions of seven percent by 2026 as compared to 2021 levels as reported in 2022 for 2021 benchmarking data;

(B) Performance standards that would achieve a reduction in greenhouse gas emissions of twenty percent by 2030 as compared to 2021 levels; and

(C) The process for advising, soliciting public input on, and making recommendations to the commission on performance standards for 2030 to 2050.

(III) In developing recommendations, the task force shall:

(A) Solicit feedback from a broad range of industries and building owners; and

(B) Examine building types with unique energy needs including aviation facilities, nursing homes, and hospitals.

(IV) In calculating greenhouse gas reductions pursuant to this subsection (8), the calculation must not include savings from statewide decarbonization of electricity or natural gas utility grids, but may include savings from utilities' or local governments' energy efficiency programs.

(V) Additionally, the task force may consider making recommendations related to:

(A) Workforce availability and development related to building energy performance;

(B) Financial and nonfinancial costs and benefits of upgraded building energy performance;

(C) Availability of programs, technical assistance, and incentives to support building owners, utilities, and local governments;

(D) Opportunities to improve commercial building energy use in Colorado; and

(E) How regulations and agency support could help ensure building owners avoid fines through compliance with performance standards.

(VI) In developing its recommendations, the task force may consider:

(A) Benchmarking data reported pursuant to subsection (3) of this section;

(B) Benchmarking data from communities that are currently conducting commercial building benchmarking;

(C) Any other publicly available building benchmarking data through which benchmarking is reported to a building benchmarking program in Colorado; and

(D) Any other information that the office determines is available regarding energy use in commercial buildings in Colorado.

(b) On or before October 1, 2022, the task force shall deliver to the director of the office any final recommendations developed. The director of the office shall send copies of the task force's final recommendations to the commission, the general assembly, and the governor.

(c) (I) If at least two-thirds of the members appointed to the task force agree on recommendations pursuant to subsection (8)(a)(I) of this section, and the director of the office in consultation with the division determines that the recommendations meet the greenhouse gas emission reduction requirements set forth in subsection (8)(a)(II) of this section, the division shall, on or before January 31, 2023, request that the commission publish a notice of proposed rule-making to adopt rules to implement performance standards. On or before September 1, 2023, the commission, upon careful consideration of the recommendations of the task force as presented by the division, shall promulgate rules to establish performance standards. The commission shall also adopt rules regarding waivers and extensions of time regarding the performance standard requirements. The commission's rules must include a provision that an owner of a public building need only comply with performance standards with regard to work on a construction or renovation project that:

(A) Has an estimated cost of at least five hundred thousand dollars;

(B) Impacts at least twenty-five percent of the covered building's square footage; and

(C) Excludes upgrades such as painting, flooring, or tenant finishes that do not impact energy use.

(II) If two-thirds of the members of the task force cannot agree on recommendations or if the director of the office in consultation with the commission determines that the task force's recommendations do not meet the greenhouse gas emission reduction requirements set forth in subsection (8)(a)(II) of this section, the commission, on or before September 1, 2023, shall, by rule, adopt performance standards that meet the greenhouse gas emission reduction requirements set forth in subsection (8)(a)(II) of this section. The commission shall also adopt rules regarding waivers and extensions of time regarding the performance standard requirements. The commission's rules must include a provision that an owner of a public building need only comply with performance standards with regard to work on a construction or renovation project that:

(A) Has an estimated cost of at least five hundred thousand dollars;

(B) Impacts at least twenty-five percent of the covered building's square footage; and

(C) Excludes upgrades such as painting, flooring, or tenant finishes that do not impact energy use.

(III) The commission shall not adopt rules to rescind or modify the exemptions for owners of public buildings from payment of the annual fee, as set forth in section 24-38.5-112 (1)(e)(II), or from payment of civil penalties, as set forth in section 25-7-122 (1)(i).

(IV) The commission shall, as necessary, adopt rules to modify or continue the performance standards until 2050 in order to achieve or exceed greenhouse gas emission reduction targets set forth in section 25-7-102 (2)(g).

(d) The task force consists of the following members, all of whom, except the representatives of the office and the division, are voting members:

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

(II) The director of the division or the director's designee;

(III) Two members who are owners of commercial covered buildings or who represent owners of commercial covered buildings;

(IV) One member who is a building operating engineer;

(V) One member who is an owner of a multifamily residential covered building or who represents owners of multifamily residential covered buildings;

(VI) One member who represents an affordable housing organization;

(VII) Two members who have direct experience in, or are members of organizations representing workers in, mechanical, plumbing, or electrical work;

(VIII) One member representing architects;

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

(X) One member representing developers, construction organizations, or building contractors;

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

(XII) Two members of environmental conservation or environmental justice groups with experience in energy efficiency or the built environment;

(XIII) One member from a local government that has enacted or adopted a benchmarking or building energy performance ordinance or resolution;

(XIV) One member from a local government that has not enacted or adopted a benchmarking or building energy performance ordinance or resolution; and

(XV) Three members with relevant building performance expertise, as determined by the director of the office.

(e) An applicant for the task force must submit with the application a recommendation from a relevant member or trade organization, if such member or trade organization exists. In making appointments to the task force, the director of the office shall strive to ensure geographic diversity.

(f) Subsections (8)(a), (8)(b), (8)(d), and (8)(e) of this section and this subsection (8)(f) are repealed, effective July 1, 2025.

(9) Saving clause. This section does not restrict:

(a) The ability of a qualifying utility to provide incentives or other energy efficiency program services for covered buildings;

(b) The ability of an investor-owned utility to take credit, as deemed appropriate by the public utilities commission, for energy or greenhouse gas emission savings achieved for covered buildings;

(c) The ability of a qualified utility to set an aggregation threshold that is less than four; or

(d) A local government from adopting or implementing an ordinance or resolution that imposes more stringent benchmarking or performance standard requirements.
C.R.S. § 25-5-1006 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1006
25-5-1006. Rule-making authority - board
Status: in_force

25-5-1006. Rule-making authority - board. (1) The standards established by the United States food and drug administration shall be the minimum standards for exposure to radiation through an artificial tanning device in this state; except that the board may establish rules adopting standards for exposure to radiation through artificial tanning devices which are no less stringent than the federal standards.

(2) (a) The board may, by rule, adopt any further standards or regulations necessary to protect the public from unsafe artificial tanning devices or other unsafe equipment, and from unsafe operational methods, and any such other rules and regulations as are necessary for the implementation of this part 10.

(b) The board shall formulate, adopt, and promulgate rules and regulations concerning on-site inspections of tanning facilities, and the department shall conduct such on-site inspections in accordance with the rules and regulations promulgated under this paragraph (b).
C.R.S. § 25-7-412 — CO Code / Title 25 / Article 7 / Part 4 / Section 25-7-412
25-7-412. Definitions
Status: in_force

25-7-412. Definitions. As used in sections 25-7-411 to 25-7-413, unless the context otherwise requires:

(1) "Fireplace insert" means any wood-burning device designed to be installed in an existing fireplace which meets the Phase III standard, as such term is defined in subsection (2) of this section.

(2) "Phase III wood stove" means any wood-burning device that meets the most stringent standards adopted by the commission pursuant to section 25-7-106.3 (1) or any nonaffected wood-burning device that is approved by the commission.

(3) "Program area" means the portions of the five counties in the AIR program area, including Adams, Arapahoe, Boulder, Douglas, and Jefferson, and the cities and counties of Denver and Broomfield.
C.R.S. § 25-20-105 — CO Code / Title 25 / Article 20 / Section 25-20-105
25-20-105. Duty of medical practitioners
Status: in_force

25-20-105. Duty of medical practitioners. (1) A medical practitioner, in discharging his duty to a disabled person whom he has undertaken to examine or treat, shall make a reasonable search for an identifying device or identification card of the type described in section 25-20-103 (2) and examine them for emergency information.

(2) A claim for relief against a medical practitioner does not arise from his making a reasonable search of a disabled person to locate an identifying device or identification card, even though the person is not wearing an identifying device or carrying an identification card.
C.R.S. § 25-15-315 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-315
25-15-315. Solid and hazardous waste commission fund - creation
Status: in_force

25-15-315. Solid and hazardous waste commission fund - creation. There is hereby established in the state treasury a fund to be known as the solid and hazardous waste commission fund, which shall consist of moneys collected pursuant to section 25-15-314. All moneys in such fund shall be subject to annual appropriation by the general assembly to the department for the purpose of covering the reasonable costs actually associated with the operation of the solid and hazardous waste commission. All moneys in the solid and hazardous waste commission fund that are not appropriated shall remain in such fund and shall not be transferred or revert to the general fund at the end of any fiscal year. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the solid and hazardous waste commission fund shall be credited to the general fund.
C.R.S. § 25-1.5-111 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-111
25-1.5-111. Suicide prevention commission - created - responsibilities - gifts, grants, or d
Status: repealed

25-1.5-111. Suicide prevention commission - created - responsibilities - gifts, grants, or donations - reimbursement for expenses - definition - repeal. (1) The suicide prevention commission, referred to in this section as the "commission", is created for the purpose of:

(a) Providing public and private leadership for comprehensive suicide prevention, as that term is defined in subsection (7) of this section, in Colorado;

(b) Setting statewide, data-driven, evidence-based, and clinically informed priorities for comprehensive suicide prevention in Colorado;

(c) Serving as an advisor to the office of suicide prevention;

(d) Establishing and leading subgroups to set strategy and implementation plans for each statewide comprehensive suicide prevention priority for the office of suicide prevention;

(e) Providing a forum for government agencies, community members, business leaders, and lawmakers to examine the current status of comprehensive suicide prevention policies; analyze the system's near-term opportunities and challenges; and make recommendations to the office of suicide prevention, the governor's office, and the general assembly regarding improvements and innovations in policies and programs to reduce the preventable occurrence of suicide in Colorado as well as the after-effects of suicide and suicide attempts in Colorado;

(f) Expanding local and national partnerships and resources for statewide comprehensive suicide prevention activities;

(g) Promoting cooperation and coordination among comprehensive suicide prevention programs and strategies across Colorado;

(h) Evaluating the distribution of state resources for comprehensive suicide prevention;

(i) Ensuring that comprehensive suicide prevention remains a state priority;

(j) Encouraging the development of comprehensive suicide prevention plans at the local level;

(k) Advising on comprehensive education and training on suicide prevention, intervention, and postvention for providers and responders;

(l) Assisting the office of suicide prevention in the department in creating a uniform statewide K-12 suicide postvention component to include in the Colorado suicide prevention plan established pursuant to section 25-1.5-112; and

(m) Developing a plan for follow-up care for suicide attempt survivors who were treated in an emergency department.

(2) (a) The executive director of the department shall appoint to the commission no more than twenty- two members, including:

(I) A representative from the office of suicide prevention in the department, which office shall serve as the administrator and coordinator of the commission;

(II) A representative from the behavioral health administration in the department of human services;

(III) A representative from law enforcement;

(IV) A representative from higher education;

(V) A representative from K-12 education;

(VI) A representative from an employee assistance program or human resources in the private sector;

(VII) A representative of the Suicide Prevention Coalition of Colorado or a representative of the suicide prevention nonprofit community;

(VIII) A licensed mental health professional;

(IX) Repealed.

(X) An active member or veteran of the United States military who has been affected by suicide;

(XI) A representative from the Colorado youth advisory council;

(XII) A family member of a person who died by suicide;

(XIII) A person who has attempted suicide, recovered, and is now thriving;

(XIV) A person representing a philanthropic foundation;

(XV) A representative of medical providers or first responders;

(XVI) A representative from a hospital with an on-site emergency department;

(XVII) A representative of the agricultural and ranching industry from a rural area;

(XVIII) A representative from the oil and gas industry from a rural area;

(XIX) A representative of the Colorado business community from a rural area;

(XX) and (XXI) Repealed.

(XXII) A representative of the faith community;

(XXIII) A representative from the school safety resource center with experience in bullying, including cyberbullying; and

(XXIV) A representative from the department of health care policy and financing.

(b) When appointing the commission members, the executive director of the department shall ensure that persons of various racial and ethnic backgrounds and identities are represented and that the regions of the state with high suicide rates, including rural areas, are represented and that the commission includes members with familiarity with, knowledge of, and leadership of groups associated with high suicide rates and suicide attempts, including: Persons with disabilities; working-age men; senior adults; veterans and active-duty military personnel; lesbian, gay, bisexual, nonbinary, two-spirit, and transgender youth and adults; and Coloradans of disproportionately affected diversities and gender expressions.

(c) Members of the commission may seek reimbursement for travel expenses to and from meetings of the commission.

(d) The executive director shall appoint one commission member who represents the public sector and one commission member who represents the private sector to serve as co-chairs of the commission.

(3) The department shall provide to the commission support that includes the coordination of all commission activities, including: Meeting logistics, agenda development, and follow-up; organizing and orienting commission members; working closely with the co-chairpersons to set priorities, recruit members, oversee all commission initiatives, coordinate activities, and implement any commission-directed initiatives; and any other duties assigned by the co-chairpersons. The commissioner of the behavioral health administration in the department of human services, a representative from the university of Colorado depression center, and a representative of the suicide prevention coalition of Colorado may also provide support to the commission.

(4) The office of suicide prevention shall include the recommendations of the commission in the report submitted annually to the general assembly pursuant to section 25-1.5-101 and shall present the recommendations as part of its annual presentation to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" as enacted by House Bill 10-1119 in 2010.

(5) The department may accept gifts, grants, and donations from public and private sources for the direct and indirect costs associated with the implementation and duties associated with the commission. The department shall transmit any gifts, grants, and donations it receives to the state treasurer, who shall credit the moneys to the suicide prevention coordination cash fund created in section 25-1.5-101 (1)(w)(II). The fund also consists of any moneys appropriated or transferred to the fund by the general assembly for the purposes of this section. The moneys in the fund are subject to annual appropriation by the general assembly.

(6) (a) This section is repealed, effective September 1, 2034.

(b) Prior to the repeal, the department of regulatory agencies shall review the commission pursuant to section 2-3-1203, C.R.S.

(7) As used in this section, the term "comprehensive suicide prevention" or "suicide prevention" includes the following components:

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

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

(c) Postvention responses to and support for individuals and communities affected by the aftermath of a suicide attempt.
C.R.S. § 25-20.5-1303 — CO Code / Title 25 / Article 20.5 / Part 13 / Section 25-20.5-1303
25-20.5-1303. Community behavioral health disaster preparedness and response cash fund
Status: in_force

25-20.5-1303. Community behavioral health disaster preparedness and response cash fund. (1) The community behavioral health disaster preparedness and response cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of gifts, grants, and donations and any other money that the general assembly may appropriate or transfer to the fund.

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

(3) Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and must not be transferred to the general fund or any other fund.

(4) Money in the fund is continuously appropriated to the department for the purposes described in section 25-20.5-1302.
C.R.S. § 25-16-105 — CO Code / Title 25 / Article 16 / Part 1 / Section 25-16-105
25-16-105. Repeal of part - repeal of various sections
Status: repealed

25-16-105. Repeal of part - repeal of various sections. (Repealed)
C.R.S. § 25-8-308 — CO Code / Title 25 / Article 8 / Part 3 / Section 25-8-308
25-8-308. Additional authority and duties of division - penalties
Status: in_force

25-8-308. Additional authority and duties of division - penalties. (1) In addition to the authority specified elsewhere in this article 8, the division has the power to:

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

(b) Furnish technical advice and services relating to water pollution problems and control techniques;

(c) Designate one or more persons or agencies in any area of the state as a water quality control authority, as agent of the division, to exercise and perform such powers and duties of the division as may be specified in such designation;

(d) Administer, in compliance with regulations and the priority ranking adopted by the commission, loans and grants from the federal government and from other public sources;

(e) Advise, consult, cooperate, and enter into agreements with other agencies of the state, the federal government, other states, and interstate agencies, and with groups, political subdivisions, and industries affected by the provisions of this article and the policies of the commission; but any such agreement involving, authorizing, or requiring compliance in this state with any standard or 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 this article;

(f) Certify, when requested, the existence of any facility, land, building, machinery, equipment, treatment works, or sewage or disposal systems as have been acquired, constructed, or installed in conformity with the purposes of this article;

(g) Take such action in accordance with rules and orders promulgated by the commission as may be necessary to prevent, abate, and control pollution;

(h) Implement a program, in accordance with section 25-8-205.7, 25-8-205.8, or 25-8-205.9 and rules and orders of the commission, for the reuse of reclaimed domestic wastewater for purposes other than drinking.

(2) Except as provided in section 25-8-608, all fines and penalties for violations of this article 8 must be transmitted to the state treasurer for deposit to the credit of the general fund.
C.R.S. § 25-17-706 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-706
25-17-706. Minimum recyclable list - convenience standards
Status: in_force

25-17-706. Minimum recyclable list - convenience standards. (1) (a) The organization shall develop a minimum recyclable list based on the availability of recycling services, recycling collection and processing infrastructure, and recycling end markets for covered materials, as determined by the needs assessment.

(b) The organization shall update the minimum recyclable list, and submit any updates for inclusion in the annual report pursuant to section 25-17-709 (2)(a), in response to recycling collection and processing improvements and changes in recycling end markets. The advisory board shall consult with the organization on any updates to the minimum recyclable list in accordance with the procedures set forth in section 25-17-705 (6).

(2) (a) To be eligible for reimbursement for recycling services provided under the program, service providers must provide recycling services for all readily recyclable materials in a manner that facilitates attaining the rate targets established in the final plan under section 25-17-705 (4)(p).

(b) The executive director may grant a service provider an exception to the requirements of subsection (2)(a) of this section if the service provider demonstrates to the reasonable satisfaction of the executive director that it is not able to provide recycling services or meet the convenience standards for a readily recyclable material.

(c) Service providers are eligible for reimbursement from the organization for the collection of covered materials that are not included in the minimum recyclable list for the regions where the organization has established a reasonable cost for the supplemental collection of covered materials that are not readily recyclable and a responsible end market has been established. The services described in this subsection (2)(c) are not subject to the convenience standards.

(d) The organization shall reimburse service providers for the recycling services costs to provide recycling services for all readily recyclable materials and covered materials that the organization approves pursuant to subsection (2)(c) of this section.

(e) Notwithstanding any law to the contrary, nothing in this part 7 restricts a service provider from collecting or processing covered materials that are not included in the minimum recyclable list.

(3) (a) The organization shall contract with service providers to provide covered entities with convenient and equitable access to recycling services for all readily recyclable materials, at no charge to the covered entity, with the goal of achieving the recycling rate, collection rate, and postconsumer-recycled-content rate targets established in the final plan under section 25-17-705 (4)(p).

(b) The collection of readily recyclable materials must be provided in a manner that is as convenient as the collection of solid waste in the geographic area in which the covered entity is located.

(c) Any covered entities in the state that are receiving recycling services on December 31, 2022, must continue to receive equivalent recycling services through the program or a service provider on and after December 31, 2022.

(d) The organization shall not restrict a person's ability to contract directly with service providers to obtain recycling services for covered materials.

(e) Notwithstanding any law to the contrary, nothing in this part 7 voids or cancels any contract between a resident and a service provider for the provision of recycling services that is executed prior to December 31, 2022.
C.R.S. § 25-5-1001 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1001
25-5-1001. Short title
Status: in_force

25-5-1001. Short title. This part 10 shall be known and may be cited as the "Artificial Tanning Device Operation Act".
C.R.S. § 25-4-1002.5 — CO Code / Title 25 / Article 4 / Part 10 / Section 25-4-1002.5
25-4-1002.5. Definitions
Status: in_force

25-4-1002.5. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Birthing facility" means a general hospital or birthing center licensed or certified pursuant to section 25-1.5-103.

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

(3) "State board" means the state board of health in the department.
C.R.S. § 25-48-103 — CO Code / Title 25 / Article 48 / Section 25-48-103
25-48-103. Right to request medical aid-in-dying medication
Status: in_force

25-48-103. Right to request medical aid-in-dying medication. (1) An adult resident of Colorado may make a request, in accordance with sections 25-48-104 and 25-48-112, to receive a prescription for medical aid-in-dying medication if:

(a) The individual's attending provider has diagnosed the individual with a terminal illness with a prognosis of six months or less;

(b) The individual's attending provider has determined the individual has mental capacity; and

(c) The individual has voluntarily expressed the wish to receive a prescription for medical aid-in-dying medication.

(2) The right to request medical aid-in-dying medication does not exist because of age or disability.
C.R.S. § 25-14-101 — CO Code / Title 25 / Article 14 / Part 1 / Section 25-14-101
25-14-101. Legislative declaration
Status: repealed

25-14-101. Legislative declaration. (Repealed)
C.R.S. § 25-4-1307 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1307
25-4-1307. Materials
Status: in_force

25-4-1307. Materials. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable, and durable under conditions of normal use. Wood shall not be used as a food-contact surface.
C.R.S. § 25-3.5-1201 — CO Code / Title 25 / Article 3.5 / Part 12 / Section 25-3.5-1201
25-3.5-1201. Short title
Status: in_force

25-3.5-1201. Short title. The short title of this part 12 is the "Community Assistance Referral and Education Services (CARES) Program Act".
C.R.S. § 25-17-505 — CO Code / Title 25 / Article 17 / Part 5 / Section 25-17-505
25-17-505. Carryout bag fee - disposition of money
Status: repealed

25-17-505. Carryout bag fee - disposition of money.

(1) Repealed.

(2) (a) On and after January 1, 2024, a store may provide a customer with one or more recycled paper carryout bags at the point of sale only if the customer pays a carryout bag fee of ten cents per recycled paper carryout bag, or a higher fee if a municipality or county in which the store is located raises the fee amount by ordinance or resolution. For each carryout bag fee collected pursuant to this subsection (2), the store shall:

(I) Remit, in accordance with subsection (3)(d) of this section, sixty percent to the municipality within which the store is located or, if the store is not located within a municipality, to the county within which the store is located, which municipality or county shall use the remitted fee to pay:

(A) Its administrative and enforcement costs incurred as a result of this section; and

(B) For any recycling, composting, or other waste diversion programs and related outreach and education activities; and

(II) Retain forty percent, which portion of the fee does not count as revenue for the purpose of calculating sales tax.

(b) The carryout bag fee set forth in subsection (2)(a) of this section does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.

(c) Repealed.

(3) In providing carryout bags for a fee pursuant to this section, a store shall:

(a) For each customer provided a carryout bag for a fee, provide on the customer's transaction receipt a record of the number of carryout bags provided as part of the transaction and the total amount of fees charged for the carryout bags provided, itemized by type of carryout bag;

(b) Not refund to the customer any portion of the carryout bag fee, either directly or indirectly, or advertise or otherwise convey to customers that any portion of the carryout bag fee will be refunded;

(c) Conspicuously display a sign in a location inside or outside the store, which sign alerts customers about the carryout bag fee; and

(d) (I) On a quarterly basis, remit from the total amount of carryout bag fees collected in the previous quarter the amount that is owed to the municipality or county:

(A) To the finance department or division or equivalent agency of the municipality within which the store is located; or

(B) If the store is not located within a municipality, to the finance department or division or equivalent agency of the county within which the store is located.

(II) A store need not remit carryout bag fees collected in any quarter in which the collected fees total less than twenty dollars. The store shall retain those collected fees until the store has more than twenty dollars worth of collected fees to remit and shall remit those fees as part of the next quarterly remittance.

(III) If a municipality or county has not established a process to accept fees remitted pursuant to subsection (3)(d)(I) of this section, the store shall retain and use the portion of the fees collected in the previous quarter that would have been remitted to the municipality or county for the purposes listed in subsections (1)(a)(I)(B) and (2)(a)(I)(B) of this section and to purchase reusable bags.
C.R.S. § 25-15-202 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-202
25-15-202. Application for certificate - review by department and Colorado geological surve
Status: in_force

25-15-202. Application for certificate - review by department and Colorado geological survey - hearing. (1) Any person desiring to operate a hazardous waste disposal site shall make application for a certificate of designation to the board of county commissioners of the county or to the governing body of the municipality in which such site is proposed to be located.

(2) The application shall be accompanied by a fee established by the board of county commissioners or the governing body of the municipality by resolution or ordinance, which fee shall not exceed fifty thousand dollars and which fee may be refunded in whole or in part. Fifty percent of such fee shall be transmitted to the department to offset the costs of the department's review pursuant to subsection (4) of this section, including possible costs of reimbursement to other state agencies which assist in such review. The application shall set forth the following: The location of the site; the types of waste to be accepted or rejected; the types of waste disposal; the method of supervision; and the anticipated access routes in the county in which the site is located. The application shall also contain such data as may reasonably be required by rules of the commission developed pursuant to section 25-15-208 to enable the department and the Colorado geological survey to perform their duties under subsection (4) of this section.

(3) The clerk of the county or municipality shall promptly notify the county commissioners and the governing body of any other county or municipality within twenty miles of a proposed hazardous waste disposal site of the filing of an application for a certificate of designation therefor.

(4) (a) Within ten working days of an application for a certificate of designation and prior to further consideration, the board of county commissioners or the governing body of the municipality, as the case may be, shall forward a copy of the application to the department and to the Colorado geological survey.

(b) The Colorado geological survey shall review each application received by it and make a recommendation to the department on the geological suitability of the proposed hazardous waste disposal site for land disposal of hazardous waste, based upon the geological, hydrological, climatological, geochemical, and geomorphological characteristics of the site. Such recommendation shall be submitted to the department within sixty days of the Colorado geological survey's receipt of the application.

(c) Within ninety days of its receipt of the application, the department shall make findings of fact on the technical merits of the application and provide such findings of fact to the board of county commissioners or the governing body of the municipality. The findings of fact shall at a minimum include:

(I) A determination as to whether the site could be designed and operated in compliance with applicable rules and regulations adopted by the commission pursuant to section 25-15-208;

(II) A determination as to whether the site is located within an area designated to be optimally suitable for hazardous waste disposal by the most recent study of the Colorado geological survey made pursuant to section 25-15-216 and, if not, as to whether the site is suitable for the land disposal of hazardous waste as demonstrated by reliable geologic, hydrologic, and other scientific data;

(III) A recommendation to the board of county commissioners or the governing body of a municipality, as the case may be, as to whether the application for a certificate of designation should be approved. A recommendation for approval may only be made upon affirmative findings of facts under subparagraphs (I) and (II) of this paragraph (c).

(5) The application shall be considered by the board of county commissioners or the governing body of the municipality, as the case may be, at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered is the applicant's proposal for a hazardous waste disposal site. The notice shall be published in a newspaper having general circulation in the region in which the proposed hazardous waste disposal site is located at least ten but no more than thirty days prior to the date of the hearing.
C.R.S. § 25-7-305 — CO Code / Title 25 / Article 7 / Part 3 / Section 25-7-305
25-7-305. Alternative emission reduction
Status: in_force

25-7-305. Alternative emission reduction. The attainment program shall provide that upon application of the owner or operator of a stationary source, the commission may approve as a revision to the state implementation plan a proposal to meet the applicable requirements of the state implementation plan for a given air pollutant for two or more facilities or operations within such source through a combination of different requirements which separately may be more or less stringent than the applicable requirements of the state implementation plan; except that the total emissions from such facilities or operations shall not exceed the total emissions allowed by the applicable requirements of the state implementation plan.
C.R.S. § 25-10-101 — CO Code / Title 25 / Article 10 / Section 25-10-101
25-10-101. Short title
Status: in_force

25-10-101. Short title. This article shall be known and may be cited as the "On-site Wastewater Treatment Systems Act".
C.R.S. § 25-1.5-502 — CO Code / Title 25 / Article 1.5 / Part 5 / Section 25-1.5-502
25-1.5-502. Definitions
Status: in_force

25-1.5-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Advanced practice provider" means an advanced practice registered nurse, as defined in section 12-255-104 (1), or a physician assistant licensed pursuant to article 240 of title 12.

(1.2) "Advisory council" means the Colorado health service corps advisory council created pursuant to section 25-1.5-504.

(1.3) "Behavioral health-care provider" means the following providers who provide behavioral health-care services within their scope of practice:

(a) A licensed addiction counselor;

(b) A certified addiction counselor;

(c) A licensed professional counselor;

(d) A licensed clinical social worker;

(e) A licensed marriage and family therapist;

(f) A licensed psychologist;

(g) A licensed physician assistant with specific training in substance use disorders;

(h) An advanced practice registered nurse with specific training in substance use disorders, pain management, or psychiatric nursing; or

(i) A physician with specific board certification or training in addiction medicine, pain management, or psychiatry.

(1.5) "Behavioral health-care services" means services for the prevention, diagnosis, and treatment of, and the recovery from, mental health and substance use disorders.

(1.7) "Candidate for licensure" means a person who:

(a) Is a candidate for a license as a licensed psychologist, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor;

(b) Has completed a master's degree or, for a psychologist licensure candidate, has completed a doctoral degree;

(c) Has not yet completed the supervised experience hours required for licensure pursuant to section 12-245-304 (1)(d), 12-245-404 (2)(c), 12-245-504 (1)(d), 12-245-604 (1)(d), or 12-245-804 (1)(g), as applicable; and

(d) Is or will be providing behavioral health-care services.

(2) "Colorado health service corps" means the loan repayment program created and operated pursuant to this part 5.

(3) "Colorado health service corps fund" or "fund" means the Colorado health service corps fund created in section 25-1.5-506.

(4) "Federally designated health professional shortage area" means a health professional shortage area as defined in 42 U.S.C. sec. 254e.

(4.3) "Geriatric advanced practice provider" means an advanced practice provider who satisfies one of the following:

(a) Has completed a formal postgraduate geriatrics training program;

(b) Has completed:

(I) Formal geriatrics training within the advanced practice provider training program, which includes didactic teaching or training about geriatric syndromes and the importance of physical and cognitive function in the care of older adults; and

(II) Postgraduate clinical experience with an emphasis on time spent providing geriatric care; or

(c) Has completed geriatric track clinical experience within the advanced practice provider training program.

(4.5) "Geriatric care" means health care that is provided to older adults, including care provided in outpatient, post-acute, or home-based settings, that focuses on identifying and managing geriatric syndromes and the importance of the older adult's physical and cognitive functional status. "Geriatric care" does not include hospice-only care.

(5) "Health-care professional" means a licensed physician, an advanced practice registered nurse registered pursuant to section 12-255-111, a mental health practitioner, a licensed physician assistant, or any other licensed health-care provider for which the federal government authorizes participation in a federally matched state loan repayment program to encourage health-care professionals to provide services in underserved communities.

(6) "Health-care professional faculty member" means a person who has an advanced degree in a health-care professional field and is employed in a qualified faculty position.

(6.5) "Health professional shortage area" means a federally designated health professional shortage area or a state-designated health professional shortage area.

(7) "National health service corps program" means the program established in 42 U.S.C. sec. 254d.

(8) "Nursing faculty member" means a person who has an advanced degree in nursing and is employed in a qualified faculty position.

(8.5) "Older adult" means an individual who is at least sixty-five years of age.

(9) "Primary care office" means the primary care office created pursuant to part 4 of this article.

(10) "Primary health services" means health services regarding family medicine, general practice, general internal medicine, pediatrics, general obstetrics and gynecology, oral health, or mental health that are provided by health-care professionals.

(11) "Qualified faculty position" means a part-time or full-time teaching position at an educational institution with accredited nursing or health-care professional training programs, which position requires an advanced degree that meets national accreditation standards and is approved by the primary care office.

(12) "Scholarship program" means the scholarship program for addiction counselors created in section 25-1.5-503.5.

(13) "State-designated health professional shortage area" means an area of the state designated by the primary care office, in accordance with state-specific methodologies established by the state board by rule pursuant to section 25-1.5-404 (1)(a), as experiencing a shortage of health-care professionals, geriatric advanced practice providers, or behavioral health-care providers.

(14) "Underserved population" means any of the following:

(a) Individuals eligible for medical assistance under articles 4 to 6 of title 25.5;

(b) Individuals who are provided services by a behavioral health-care provider and are either charged fees on a sliding scale based upon income or are served without charge.
C.R.S. § 25-4-2503 — CO Code / Title 25 / Article 4 / Part 25 / Section 25-4-2503
25-4-2503. Cervical cancer immunization program - rules
Status: in_force

25-4-2503. Cervical cancer immunization program - rules. (1) There is hereby created in the department the cervical cancer immunization program. The department is directed to investigate manners in which the cervical cancer vaccine may be administered in an economical fashion. The state board is authorized to promulgate rules to assist the department in making the vaccine available.

(2) FQHCs are encouraged to enter into agreements with local public health agencies to administer vaccinations to underinsured female minors through a federally recognized vaccination program for children. If a local public health agency enters into an agreement, the agency shall administer vaccinations, including but not limited to cervical cancer vaccinations, pursuant to the agreement with the FQHC. The department shall pay to a local public health agency the agency's administrative cost for administering a cervical cancer vaccination to an underinsured female entering the sixth grade.
C.R.S. § 25-3.5-802 — CO Code / Title 25 / Article 3.5 / Part 8 / Section 25-3.5-802
25-3.5-802. Legislative declaration
Status: in_force

25-3.5-802. Legislative declaration. (1) The general assembly hereby finds that:

(a) The use of all types of tobacco products, including smokeless tobacco, results in a high incidence of addiction, disease, illness, and death;

(b) Persons who begin using and become addicted to tobacco products in their youth often face a lifetime of struggle and recurring illness in coping with and attempting to overcome addiction to tobacco products;

(c) Experimentation with tobacco products by youth is often a first step toward more serious drug experimentation and creates a greater likelihood that the youth who experiment with tobacco will at some point be addicted to even more harmful substances;

(d) Implementation of aggressive tobacco and substance abuse prevention, education, and cessation programs for school-age children is necessary to assist young people in avoiding and ending tobacco use;

(e) School districts, schools, and other entities that provide tobacco and substance abuse prevention, education, and cessation programs for school-age children should reach out to parents and encourage them to participate, either as students or role models, in implementing said programs.

(2) The general assembly finds that persons with behavioral or mental health disorders are more likely to abuse tobacco products than any other segment of society. The general assembly further finds that the unusually heavy pattern of tobacco abuse engaged in by persons with behavioral or mental health disorders requires special treatment strategies that are not provided by other alcohol, drug, or tobacco abuse programs or substance use disorder treatment programs. It is therefore the general assembly's intent that the programs funded pursuant to this part 8 include comprehensive programs to prevent and treat tobacco addiction among persons with behavioral or mental health disorders.

(3) The general assembly also finds that:

(a) Each year, thousands of people in this state die from diseases that have been clinically proven to be caused by or directly related to tobacco use;

(b) Once a person starts using tobacco, he or she usually becomes addicted to the nicotine contained in the tobacco, which makes it terribly difficult for the person to quit using tobacco even when the person is aware of the significant health risks that accompany tobacco use;

(c) Studies show that a child is at a substantially greater risk of starting to use tobacco if the child's parents or older siblings use tobacco. Therefore, reducing tobacco use by adults may significantly reduce the risk that children will begin using tobacco.

(d) Annual direct medical costs from tobacco use in Colorado currently exceed one billion dollars;

(e) Comprehensive tobacco education, prevention, and cessation programs may result in millions of dollars in savings to the state and individual residents of the state for generations.
C.R.S. § 25-57-109 — CO Code / Title 25 / Article 57 / Section 25-57-109
25-57-109. Donor age limits - limits on number of families per donor - limits on egg-retrie
Status: in_force

25-57-109. Donor age limits - limits on number of families per donor - limits on egg-retrieval cycles per ovum donor - rules - applicability. (1) (a) Except as provided in subsection (4) of this section, a gamete agency, gamete bank, or fertility clinic shall make a good faith effort to determine how many families are established with gametes matched or provided by the gamete agency, gamete bank, or fertility clinic from each donor by conducting sufficient record-keeping, requiring recipients, as a condition of receiving donor gametes, to provide information on live births, and requesting information from recipients on live births, and using industry best practices, including methods or processes to account for the number or percentage of live births that are likely not reported, such as the correlation between the number of units of donor gametes sold or released and the resulting live births. A gamete agency, gamete bank, or fertility clinic shall not match or provide gametes from a donor to additional families once the gamete agency, gamete bank, or fertility clinic has record of or should reasonably know that twenty-five families have been established using a single donor's gametes in or outside of Colorado, with no limit on the number of children conceived by each of the families, unless the donor requests, and the gamete agency, gamete bank, or fertility clinic agrees to, a lower limit on the number of families. This limit does not include any children conceived by the donor as a parent or children conceived with the donor's gametes when the donor is known to the recipient parent or parents at the time of the donation. This limit does not include donations of embryos from one family to another family.

(b) For the purposes of this subsection (1), a family is considered established when a recipient parent or parents conceive a child using gametes from a donor and a live birth results or likely resulted. A gamete agency, gamete bank, or fertility clinic shall make reasonable good faith efforts, and document such efforts, to obtain information from a recipient parent about whether and when a live birth has occurred, including requesting such information from a recipient parent or the parent's medical provider using multiple commercially reasonable methods.

(2) On or before January 1, 2025, the state board shall promulgate a rule establishing a limit on the total number of donor retrieval cycles per ovum donor, which must not exceed a lifetime limit of six cycles per ovum donor. In promulgating the rule, the state board shall consult with the American Society for Reproductive Medicine and organizations representing the interests of ovum donors. In promulgating the rule, the state board may consider adopting an exception to this limit for prior donors who provide informed consent to undergo additional retrieval cycles for families intending to conceive a child using the same donor used to conceive their other child.

(3) A donor must be at least twenty-one years of age or older at the time of collection of gametes, and a gamete agency, gamete bank, or fertility clinic shall verify the age of the donor at the time of the collection of gametes.

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

(5) This section applies only to gametes matched or collected on or after January 1, 2025, for use by recipient parents who are unknown to the donor at the time of the donation.