C.R.S. § 24-38.5-106 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-106
24-38.5-106. Financing of capital projects to make state government more energy efficient - f
Status: in_force

24-38.5-106. Financing of capital projects to make state government more energy efficient - financed purchase of asset agreements - legislative declaration - definition. (1) As used in this section, unless the context otherwise requires, "utility cost-savings contract" shall have the same meaning as set forth in section 24-30-2001 (6).

(2) (a) In order to make state government more energy efficient in accordance with section 24-38.5-102, the Colorado energy office may propose a prioritized list of projects associated with current utility cost-savings contracts that will improve the energy efficiency of state buildings or facilities and that are proposed to be constructed or improved using financing provided in accordance with subsection (3) of this section. If the Colorado energy office creates a prioritized list, the prioritized list shall include an estimate of the total amount of annual utility cost savings expected if all of the projects on the prioritized list are completed; descriptions of the projects, the affected buildings, and the impact of the projects on tenants; a timeline for implementation; a detailed budget for each project; a list of properties recommended for use as collateral, which shall include only properties operated and maintained by agencies that are responsible for the operation and maintenance of at least one state building or facility for which a project is being financed in accordance with subsection (3) of this section; estimates of the amount of annual utility cost savings expected for each of the projects; and expected annual payments for each project, including the expected funding sources for such payments. The Colorado energy office shall submit the prioritized list and referenced supporting documents to the office of state planning and budgeting for review and approval or disapproval. Except as otherwise provided in paragraph (b) of this subsection (2), the office of state planning and budgeting shall submit any projects on the prioritized list that it approves to the capital development committee of the general assembly for review and approval or disapproval. Subject to the limitations specified in subsection (3) of this section, if the capital development committee determines after reviewing the projects submitted to it for its review and approval or disapproval that it is appropriate to authorize the state treasurer to pursue financing provided in accordance with subsection (3) of this section to fund some or all of the projects or if the office of state planning and budgeting has approved projects for buildings or facilities operated and maintained by the department of transportation and submitted such projects to the committee for informational purposes only pursuant to paragraph (b) of this subsection (2), the committee shall provide a letter to the Colorado energy office, the office of state planning and budgeting, the joint budget committee of the general assembly, and the state treasurer that specifies the final approved priority of the projects.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), any projects on the prioritized list proposed by the Colorado energy office and approved by the office of state planning and budgeting for buildings or facilities operated and maintained by the department of transportation shall be deemed to be finally approved and shall be included on the prioritized list submitted to the capital development committee for informational purposes only.

(3) (a) Upon receipt of the letter from the capital development committee regarding its review pursuant to subsection (2) of this section, the state treasurer may enter into one or more financed purchase of an asset or certificate of participation agreements on behalf of the state in order to generate the proceeds needed to complete the projects. A financed purchase of an asset or certificate of participation agreement:

(I) May be entered into with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee, as lessor;

(II) Shall be limited to a total par value, including costs of issuance, of all such instruments issued, distributed, and sold of no more than seventy-three million dollars;

(III) Shall include provisions that:

(A) Specify that all payment obligations of the state under the financed purchase of an asset or certificate of participation agreement are subject to annual appropriation by the general assembly and that obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state;

(B) Indicate that if the state does not renew the agreement, the sole security available to the lessor shall be the property that is the subject of the nonrenewed agreement; and

(C) Allow the state to receive title to the real and personal property that is the subject of the agreement on or prior to the expiration of the entire term of the agreement, including all optional renewal terms;

(IV) May include:

(A) Provisions for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the agreement. Such instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state.

(B) Such other terms, provisions, and conditions as the state treasurer may deem appropriate.

(b) Only a building or facility subject to an energy performance contract, as defined in section 24-30-2001 (1), that is under consideration by the office of the state architect as of thirty days following June 10, 2010, may be the subject of a financed purchase of an asset or certificate of participation agreement entered into by the state treasurer pursuant to this subsection (3).

(c) The state, acting by and through the state treasurer, may enter into ancillary agreements and instruments deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement authorized pursuant to this subsection (3), including but not limited to deeds, leases, subleases, easements, or other instruments relating to the real property on which the facilities are located.

(d) The provisions of section 24-30-202 (5)(b) shall not apply to a financed purchase of an asset or certificate of participation agreement or any ancillary agreement or instrument authorized pursuant to this subsection (3). Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable with respect to such a financed purchase of an asset or certificate of participation agreement or ancillary agreement or instrument may be waived by the controller or his or her designee within the office of the state controller.

(e) Interest paid under a financed purchase of an asset or certificate of participation agreement, including interest represented by such instruments, shall be exempt from state income tax.

(f) Notwithstanding the authority of the capital development committee of the general assembly to authorize, after approval by the office of state planning and budgeting, the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state, in order to ensure that financed purchase of an asset or certificate of participation agreements are entered into under favorable financial market conditions, the state treasurer shall have sole discretion to determine the timing of the state treasurer's entry into any financed purchase of an asset or certificate of participation agreement on behalf of the state pursuant to this subsection (3).

(g) The state treasurer shall coordinate with the office of state planning and budgeting in regard to the schedule of payments required in connection with any financed purchase of an asset or certificate of participation agreement.

(h) Once a financed purchase of an asset or certificate of participation agreement has been executed, the state treasurer shall submit the schedule for annual payments to the office of state planning and budgeting and the joint budget committee of the general assembly. The office of state planning and budgeting shall submit a budget request to the joint budget committee to reduce any corresponding operating appropriations for state capital facilities realizing utility cost savings from projects financed by financed purchase of an asset or certificate of participation agreements and to appropriate annual payments in the capital construction section of the budget for those facilities for which operation and maintenance is funded in whole or in part with money that is subject to state appropriation. Upon receipt of the budget request from the office of state planning and budgeting, the joint budget committee shall recommend to the general assembly an appropriation for annual payments in the capital construction section of the budget and a reduction of the same amount in the applicable utilities line item of the operating budget. The office of state planning and budgeting and the joint budget committee recommendation shall also include an appropriation of the original funding sources of the utility line item equal to the identified savings for transfer to the energy efficiency project proceeds fund created in subsection (4) of this section unless such transfer is prohibited by the requirements of the original funding source. It is the intent of the general assembly that the utilities line item reduction be permanent, and that any future appropriated increases be defended in relation to the balance for utilities that remain in the line.

(4) The energy efficiency project proceeds fund is hereby created in the state treasury. The principal of the fund shall consist of money received by the state in connection with any financed purchase of an asset or certificate of participation agreements entered into pursuant to subsection (3) of this section and any other legally available money that may be appropriated or transferred to the fund. All interest and income derived from the deposit and investment of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. Money in the fund that was received by the state in connection with any financed purchase of an asset or certificate of participation agreement and that is trustee funds may be expended by the state treasurer, and other money in the fund not identified for funding annual payments or to be used to defray any incremental costs incurred by the state controller in managing accounting and reporting requirements related to financed purchase of an asset or certificate of participation agreements entered into pursuant to subsection (3) of this section is hereby continuously appropriated to the state treasurer, for the purpose of making disbursements necessary to complete projects associated with current utility cost-savings contracts that are authorized to be financed through financed purchase of an asset or certificate of participation agreements entered into by the state treasurer on behalf of the state pursuant to subsection (3) of this section. Money in the fund shall also be subject to appropriation by the general assembly for the purpose of paying the principal of and interest on and defraying any incremental costs incurred by the state controller in managing accounting and reporting requirements related to such financed purchase of an asset or certificate of participation agreements.
C.R.S. § 24-77-106.5 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-106.5
24-77-106.5. Annual financial report - certification of excess state revenues
Status: in_force

24-77-106.5. Annual financial report - certification of excess state revenues. (1) (a) For each fiscal year, the controller shall prepare a financial report for the state for purposes of ascertaining compliance with the provisions of this article. Any financial report prepared pursuant to this section shall include, but shall not be limited to, state fiscal year spending, reserves, revenues, revenues that the state is authorized to retain and spend pursuant to voter approval of section 24-77-103.6, and debt. Such financial report shall be audited by the state auditor.

(b) Notwithstanding section 24-1-136 (11)(a)(I), based upon the financial report prepared in accordance with subsection (1)(a) of this section for any given fiscal year, the controller shall certify to the governor, the general assembly, and the executive director of the department of revenue no later than September 1 following the end of a fiscal year the amount of state revenues in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution, if any, for such fiscal year and the state revenues in excess of such limitation that the state is authorized to retain and spend pursuant to voter approval of section 24-77-103.6.

(2) Any financial report prepared and certification of state excess revenues made pursuant to subsection (1) of this section shall be audited by the state auditor. No later than September 15 following the certification made by the state controller for any given fiscal year, the state auditor shall report and transmit to the governor, the joint budget committee, the finance committees of the house of representatives and the senate, and the executive director of the department of revenue the results of any audit conducted in accordance with this subsection (2).

(3) Notwithstanding any generally accepted accounting principles to the contrary, financial reports prepared pursuant to subsection (1) of this section shall not include any unrealized gains or losses on investments held by the state.
C.R.S. § 24-9-104 — CO Code / Title 24 / Article 9 / Section 24-9-104
24-9-104. Mileage allowances
Status: repealed

24-9-104. Mileage allowances.

(1) Repealed.

(2) (a) to (c) Repealed.

(d) On and after January 1, 2008, state officers and employees shall be allowed a mileage allowance for each mile actually and necessarily traveled while on official state business calculated at ninety percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent, and, when authorized to be utilized and necessary for official state business, ninety-five percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent for four-wheel-drive vehicles and forty cents per nautical mile for privately owned aircraft.

(e) For purposes of this section, "four-wheel-drive vehicles" means sport utility vehicles and pick-up trucks with a four-wheel-drive transmission system. "Four-wheel-drive vehicles" shall not include standard vehicles with all-wheel-drive capability.

(f) Repealed.
C.R.S. § 24-60-4401 — CO Code / Title 24 / Article 12 / Part 44 / Section 24-60-4401
24-60-4401. Short title
Status: in_force

24-60-4401. Short title. The short title of this part 44 is the "Interstate Teacher Mobility Compact".
C.R.S. § 24-37.5-105.2 — CO Code / Title 24 / Article 37.5 / Part 1 / Section 24-37.5-105.2
24-37.5-105.2. State agencies - information technology - responsibilities
Status: in_force

24-37.5-105.2. State agencies - information technology - responsibilities. (1) In connection with information technology, each state agency shall:

(a) Comply with the rules, standards, plans, policies, and directives of the office;

(b) Comply with information technology requests of the office, the general assembly, the joint technology committee, and the joint budget committee, and provide evidence of such compliance upon request of the governor, general assembly, the joint technology committee, or the joint budget committee;

(c) Participate with and advise the office on the creation of an information technology plan for the state agency as part of the state's planning and budgeting process; and

(d) Support effective use of information technology by defining roles and processes to partner with the office.

(2) In connection with any major information technology project that a state agency plans to undertake, the state agency shall:

(a) Consult with the office on the development of the major information technology project;

(b) Before commencing work on the major information technology project, submit the plan to the office and obtain approval from the office;

(c) If the state agency plans to make significant changes to the major information technology project or budget, consult with the office regarding the changes and obtain the office's approval of the changes before commencing work on the changes; and

(d) Consult with and obtain approval from the office for changes to the funding strategy for the ongoing maintenance and eventual disposal of a major information technology system.

(3) State agencies have the responsibility for ensuring program delivery and for creating a business culture that prioritizes maximizing value from technology and information technology projects. State agencies shall:

(a) Understand and manage the business criticality of their systems;

(b) Improve awareness of how information technology can help them achieve the mission of the state agency;

(c) Articulate the outcomes of their information technology products and use processes that effectively prioritize investments and improvements aimed at achieving those outcomes; and

(d) Plan for and manage the impacts of changes resulting from information technology projects for staff and constituents to enhance adoption and maximize the value of information technology investments.

(4) State agency responsibilities for user access to all state information technology systems, in connection with employees, contractors, subcontractors, and other users include:

(a) Ensuring that user access is correct and that all requirements are satisfied;

(b) Requesting appropriate access to information technology systems;

(c) Periodic auditing of access levels; and

(d) Removal of access.

(5) For security purposes, a state agency shall include the office as a party to all contracts or agreements for information technology goods, services, or systems.

(6) A state agency shall hold authority and be responsible for projects managed by the state agency when the office is involved only as a party to the contract or a party to the agreement with a vendor, contractor, or other party.
C.R.S. § 24-77-103.8 — CO Code / Title 24 / Article 77 / Part 1 / Section 24-77-103.8
24-77-103.8. Unrefunded state revenues
Status: in_force

24-77-103.8. Unrefunded state revenues. (1) Any amount of state revenues in excess of the limitation on state fiscal year spending for the 1996-97 fiscal year that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required, shall be added to and refunded with any state revenues in excess of the limitation on state fiscal year spending for the 1998-99 fiscal year required to be refunded.

(2) Any amount of state revenues in excess of the limitation on state fiscal year spending for the 1997-98 fiscal year and every fiscal year thereafter through the 2000-01 fiscal year that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required, shall be added to and refunded with any state revenues in excess of the limitation on state fiscal year spending for the fiscal year following the fiscal year for which state revenues in excess of the limitation on state fiscal year spending were required to be refunded.

(3) Any amount of state revenues in excess of the limitation on state fiscal year spending for the 2001-02 fiscal year and for every fiscal year thereafter that voters statewide did not authorize the state to retain and spend and that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution, but that are not refunded by the state as required, shall be carried forward and added to the amount of any unrefunded state revenues in excess of the limitation on state fiscal year spending for previous fiscal years that has been carried forward. Said aggregate amount of unrefunded state revenues shall be added to and refunded with subsequent fiscal years' state revenues in excess of the limitation on state fiscal year spending that are required to be refunded; however, the amount of state revenues in excess of the limitation on state fiscal year spending that was required to be refunded but was not refunded during the most recently completed fiscal year shall be applied first to the fiscal year immediately following the most recently completed fiscal year.
C.R.S. § 24-37.7-113 — CO Code / Title 24 / Article 37.7 / Section 24-37.7-113
24-37.7-113. Annual report
Status: repealed

24-37.7-113. Annual report. (Repealed)
C.R.S. § 24-4-202 — CO Code / Title 24 / Article 4 / Part 2 / Section 24-4-202
24-4-202. Legislative declaration - reports
Status: repealed

24-4-202. Legislative declaration - reports. (1) The general assembly intends that:

(a) Each state agency that authorizes more than ten occupations to practice or oversees other agencies that authorize more than ten occupations to practice should have implemented this part 2 for:

(I) At least twenty-five percent of the occupations by December 30, 2018;

(II) At least fifty percent of the occupations by December 30, 2020; and

(III) All of the occupations by December 30, 2022;

(b) Each state agency that authorizes ten or fewer occupations to practice or oversees other agencies that authorize ten or fewer occupations to practice should have implemented this part 2 for:

(I) At least fifty percent of the occupations by December 30, 2018; and

(II) All of the occupations by December 30, 2020.

(2) Repealed.
C.R.S. § 24-103-1002 — CO Code / Title 24 / Article 103 / Part 10 / Section 24-103-1002
24-103-1002. Definitions
Status: in_force

24-103-1002. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Contract" has the same meaning as set forth in section 24-101-301 (9) and includes public-private partnerships and other agreements for public-private financing.

(2) "Contractor" means any person who is a party to a contract.

(3) "Historically underutilized business" means a business:

(a) That is at least fifty-one percent owned by one or more individuals who are:

(I) United States citizens or permanent resident aliens; and

(II) One or more of the following:

(A) Members of a racial or ethnic minority group;

(B) Non-Hispanic Caucasian women;

(C) Persons with physical or mental disabilities; or

(D) Members of the lesbian, gay, bisexual, and transgender community; and

(b) For which the minority ownership controls both the management and day-to-day business decisions.

(4) "Persons with physical or mental disabilities" means persons who:

(a) Have impairments that substantially limit one or more major life activities;

(b) Are regarded generally by the community as having a disability; and

(c) Whose disabilities substantially limit their abilities to engage in competitive business.

(5) "Racial or ethnic minority group" means:

(a) African American persons, meaning individuals having origins in any of the black racial groups;

(b) Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

(c) Asian American persons, including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or

(d) Native American persons, including persons who are American Indians, Eskimos, Aleuts, or Hawaiians of Polynesian descent.

(6) "Subcontractor" means any person who is a party to a contract with a contractor.
C.R.S. § 24-33.5-510 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-510
24-33.5-510. Victim prevention programs - legislative declaration - grants - criteria
Status: in_force

24-33.5-510. Victim prevention programs - legislative declaration - grants - criteria. (1) The general assembly hereby declares that there is a great need to create innovative approaches to prevent persons from becoming victims of crime. In order to encourage the development of such innovative approaches for the primary prevention of crime and to encourage the integration of such innovative approaches with victim prevention methods which have been demonstrated to be effective, the general assembly hereby enacts this section.

(2) The division of criminal justice is hereby authorized to do all things necessary to apply for, qualify for, accept, and distribute any moneys made available from federal, state, or private entities which are to be used for the development of victim prevention programs.

(3) The division of criminal justice shall allocate the moneys obtained pursuant to subsection (2) of this section for the development of victim prevention programs which meet the following criteria:

(a) The program shall have as its principal purpose the reduction or prevention of the incidence of crime in the community.

(b) The program shall be community-based and shall encourage the development of a public-private partnership to achieve the goals of the program.

(c) The program shall concentrate especially on the prevention of the commission of crime by persons between the ages of ten and eighteen years.

(d) The program may employ recognized victim prevention methods, including but not limited to victim impact panels, but shall be encouraged to develop new and innovative victim prevention methods.

(e) The program shall be operated by agencies or entities which are local in nature, and the program shall be local in administration and application. The grants of moneys pursuant to this section are intended to be used as a match for federal grant moneys provided pursuant to 42 U.S.C. sec. 3701.

(4) The division of criminal justice shall accept and evaluate applications from local agencies or entities requesting grants of moneys to develop victim prevention programs in accordance with this section. In evaluating such requests, the division shall consider the degree of community participation in each proposed program in determining whether to make any grant.
C.R.S. § 24-32-3301 — CO Code / Title 24 / Article 32 / Part 33 / Section 24-32-3301
24-32-3301. Legislative declaration
Status: in_force

24-32-3301. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that mobile homes, manufactured housing, and factory-built structures are important and effective ways to meet Colorado's affordable housing needs. The general assembly further finds and declares that, because of the housing crisis in Colorado, there is a need to promote the affordability and accessibility of new manufactured homes and factory-built structures. The general assembly encourages local governments to enact ordinances and rules that effectively treat factory-built structures certified through the state program and manufactured housing certified through the federal program the same as site-built homes. The general assembly further finds, determines, and declares that:

(a) The comprehensive regulation of the construction of factory-built structures to ensure safety, affordability, efficiency, and performance is a matter of statewide concern.

(b) The comprehensive regulation of the installation of mobile homes, manufactured homes, or tiny homes to ensure safety, affordability, efficiency, and performance is a matter of statewide and local concern.

(c) The protection of Colorado consumers who purchase manufactured homes or tiny homes from fraud and other unfair business practices is a matter of statewide concern and consumers can best be protected by:

(I) Requiring registration of persons engaged in the business of selling manufactured homes or tiny homes;

(II) Imposing escrow and bonding requirements upon persons engaged in the business of manufacturing or selling manufactured homes or tiny homes; and

(III) Requiring persons engaged in the business of selling manufactured homes or tiny homes to include specified disclosures and provisions in any contract for the sale of a manufactured home or tiny home.

(d) The imposition of registration requirements upon the sellers of manufactured homes or tiny homes by both the state and political subdivisions of the state would impose an undue burden upon the sellers of manufactured homes or tiny homes and discourage the sale of manufactured homes or tiny homes.

(e) The registration, escrow and bonding, and contract requirements imposed on the sellers of manufactured homes or tiny homes by this part 33 are exclusive, and a political subdivision of the state shall not impose any additional registration, escrow and bonding, or contract requirements on the sellers.

(f) The regulation of tiny homes is necessary to protect consumer safety and recognize tiny homes as an affordable housing alternative.

(2) The general assembly further declares that in enacting this part 33, it is the intent of the general assembly that the division establish, through the board, rules as it deems necessary to ensure:

(a) The safety, affordability, efficiency, and performance of factory-built structures;

(b) Consumer safety in the purchase of manufactured homes or tiny homes;

(c) The registration of installers and the creation of uniform standards for installation on a statewide basis;

(d) The safety, affordability, and performance of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist; and

(e) The safety of foundation systems for tiny homes, manufactured homes, and factory-built structures in areas of the state where no construction standards for tiny homes, manufactured homes, and factory-built structures exist.

(3) The general assembly further declares that the factory-built structure programs and tiny home programs administered and rules adopted under this part 33 apply only to a factory or work performed off site or work completed at the installation site, as reflected in the approved plans for the factory-built structure or tiny home.

(4) The general assembly further declares that the regulations in this part 33 are separate and distinct from the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" under parts 2 and 11 of article 12 of title 38.
C.R.S. § 24-80-203 — CO Code / Title 24 / Article 80 / Part 2 / Section 24-80-203
24-80-203. Publications
Status: repealed

24-80-203. Publications.

(1) Repealed.

(2) Publications of the society circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
C.R.S. § 24-33.5-1236 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1236
24-33.5-1236. Wildfire resiliency code board - powers and duties - rules - cash fund - legisla
Status: in_force

24-33.5-1236. Wildfire resiliency code board - powers and duties - rules - cash fund - legislative declaration - definitions. (1) Legislative declaration. (a) The general assembly hereby finds and declares that:

(I) Colorado's wildfire risk has continued to increase over the years and more communities are at risk of wildfires;

(II) Colorado wildfires have grown in intensity, frequency, and devastation since the year 2000;

(III) A combined approach of structure hardening and reducing fire risk in the defensible space surrounding structures is necessary to reduce the risk of damage to Colorado communities from the effects of wildfires. This risk includes the loss of life, homes, businesses, and other structures and the loss of jobs and economic vitality. Risk evaluation is based on many factors, including proximity to structures. Hardening structures is the process of making structures more resilient to ignition and involves best practices to protect a structure from the risk of wildfire and to prevent a structure fire from starting a wildfire.

(IV) Building structures, including houses, that are resilient to wildfire risk is as affordable or more affordable than building nonresilient structures and reduces structure loss, the financial investment required to rebuild structures, cost of insurance, and problems related to underinsurance. In light of these financial implications, increasing housing stock with wildfire resilient structures increases and protects the affordable housing stock.

(V) The division and the Colorado fire commission have engaged in a stakeholder-driven strategic planning effort to evaluate the best approach to ensure that Colorado's communities, properties, and structures are protected from the effects of wildfires and have recommended the creation of a wildfire resiliency code board in Colorado; and

(VI) Establishing a code board will allow the state to adopt and enforce best practice approaches to hardening structures and reducing fire risk in the defensible space surrounding structures throughout Colorado while continuing to involve impacted stakeholders in decision-making concerning wildfire resiliency codes. As one of its functions, the code board will endeavor to establish a consistent state-level definition for the wildland-urban interface that can be used by all applicable state agencies.

(b) Therefore, the general assembly declares that establishing a wildfire resiliency code board serves the interests of the state and local communities in constructing safer and more resilient communities and reducing risk to people and property.

(2) Board created. The wildfire resiliency code board, referred to in this section as the "board", is created in the division as a type 2 entity, as defined in section 24-1-105. Except as otherwise provided in subsection (4)(b) of this section, the board exercises its powers and performs its duties and functions under the division and the executive director.

(3) Membership. (a) The board consists of twenty-one voting members who must be residents of Colorado, appointed as follows:

(I) Three members representing Colorado building codes professionals, including:

(A) One representing rural communities, appointed by the speaker of the house of representatives;

(B) One representing urban communities, appointed by the president of the senate; and

(C) One architect with experience using wildfire resiliency codes in the state who represents a statewide organization for architects, appointed by the executive director;

(II) Three members, two of which are either a fire marshal, fire chief, or fire engineer and one of which has specialized expertise in wildland fire behavior or wildfire mitigation science and strategies, each appointed by the executive director;

(III) One member representing a statewide organization for home building professionals, appointed by the minority leader of the senate;

(IV) One member representing a statewide organization for commercial building professionals, appointed by the speaker of the house of representatives;

(V) One member representing Colorado land use or community planning professionals, appointed by the executive director;

(VI) One member representing hazard mitigation professionals, appointed by the executive director;

(VII) Six members representing Colorado local governments, including:

(A) One municipal representative representing rural communities who is appointed by the minority leader of the house of representatives, and one county representative representing rural communities who is appointed by the minority leader of the senate;

(B) One municipal representative representing urban communities who is appointed by the speaker of the house of representatives and one county representative representing urban communities who is appointed by the president of the senate; and

(C) One municipal and one county representative representing a municipality and a county that, prior to September 30, 2023, has adopted a code that provides, minimally, for wildfire resilient structures and best practices, each appointed by the executive director;

(VIII) One member representing a statewide association of property and casualty companies, appointed by the minority leader of the house of representatives;

(IX) One member representing the building trades, appointed by the executive director;

(X) One member representing a statewide association of nonprofit utilities, appointed by the president of the senate;

(XI) One member representing an investor-owned utility, appointed by the speaker of the house of representatives; and

(XII) One member representing a nonprofit home builder for affordable home ownership that serves populations with incomes under eighty percent of an area's median income, appointed by the executive director.

(b) The board includes the following nonvoting ex officio members:

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

(II) The state forester or the state forester's designee; and

(III) The director of the Colorado resiliency office created in section 24-32-121 or the director's designee.

(c) Initial appointments must be made no later than September 30, 2023. In addition to the requirements set forth in subsection (3)(a) of this section, and notwithstanding the requirements set forth in subsection (3)(g) of this section, individuals initially appointed to the board must reside or work within an area of the state that is at high risk for wildfire as determined with input from the Colorado state forest service, and subsequently appointed members must reside or work in areas of the state within the wildland-urban interface as defined by the board pursuant to subsection (4)(b)(I) of this section.

(d) The term of appointments for appointed members is three years; except that the terms shall be staggered so that no more than seven members' terms expire in one year. A member may be reappointed for one additional term. In the event of a vacancy, the applicable person authorized to appoint a member or members as set forth in subsection (3)(a) of this section for the applicable position that is vacant shall appoint a new member to the vacant position for the remainder of the unexpired term. A member appointed to fill a vacancy must meet the qualifications for the vacant position.

(e) Each member of the board serves without compensation but is entitled to reimbursement from the wildfire resiliency code board cash fund created in subsection (8) of this section for actual and necessary travel expenses incurred in the performance of the member's duties as a member of the board.

(f) The executive director shall appoint the chair of the board.

(g) In addition to the requirements of this subsection (3), when making appointments to the board, reasonable efforts must be made to appoint members who reflect the geographic and demographic diversity of the entire state.

(4) Powers and duties. (a) The mission of the board is to ensure that Colorado communities are safer from and more resilient to wildfires by reducing the risk to people and property through the adoption of statewide codes and standards based on best practice approaches to hardening structures and reducing fire risk in the defensible space surrounding structures in the wildland-urban interface in Colorado.

(b) In furtherance of its mission, the board shall promulgate rules in accordance with article 4 of this title 24 concerning the adoption of minimum codes and standards for hardening structures and reducing fire risk in the defensible space surrounding structures in the wildland-urban interface in Colorado. Notwithstanding section 24-1-105 (1)(c) or any other law to the contrary, the rules promulgated by the board are not subject to approval or modification by the director or the executive director. At a minimum, the rules must:

(I) Define the wildland-urban interface and identify the areas of Colorado that are included within it; except that, notwithstanding the area that the board identifies as included within the wildland-urban interface, any thirty-five acre parcel with only one residential structure on it that does not abut a residential or commercial area is exempt from adherence to the codes. In defining Colorado's wildland-urban interface, the board may consider best practices including but not limited to practices of other states and the federal government; regional differences and risks within the state; environmental, health, and safety impacts; any existing definitions of the term wildland-urban interface; and individual risk profiles identified by the Colorado state forest service. The definition of the wildland-urban interface shall be updated once every three years, as the board determines may be necessary.

(II) Adopt minimum codes and standards, referred to in this section as the "codes", that must:

(A) Be based on best practices to reduce the risk to life and property from the effects of wildfires;

(B) Take into consideration the fiscal impacts of adopting such codes, including but not limited to cost impacts for cities, counties, and property owners related to construction costs, insurance coverage, and reduction of risk for damage or loss of structures from fires, and take into consideration regional risk profiles within the state, environmental impacts, existing model codes, regional differences in affordability, density, and existing building and property maintenance codes, and health and safety impacts;

(C) Apply to permitting and inspections for new construction of structures or defensible space around structures and for new construction for an external addition, alteration, or repair to a structure or the defensible space around the structure in accordance with this subsection (4)(b)(II)(C). Compliance with the codes is required for permits and inspections in connection with increasing the footprint of a structure by five hundred square feet, including adding attachments to the structure. Compliance with the codes is required for permits and inspections in connection with an alteration or repair to the exterior of an existing structure, or an attachment to it, if twenty-five percent or more of the exterior of the structure or the attachment to it is affected by the alteration or repair. Compliance with the codes is required for the addition of a wooden deck to a structure. The codes shall not apply to interior alterations of existing structures.

(D) Be initially adopted by the board no later than July 1, 2025, and reviewed by the board every three years and updated or supplemented as the board determines may be necessary;

(III) Identify the range of hazards and the types of buildings, entities, and defensible space around structures within the wildland-urban interface to which the codes apply;

(IV) Establish the process by which a governing body may petition the board for a modification to the codes in accordance with section 24-33.5-1237 (3);

(V) Establish the criteria and process for the board to deny or grant an appeal from a decision by the board on a petition for modification made pursuant to the rules adopted in accordance with subsection (4)(b)(IV) of this section; and

(VI) Establish criteria and parameters consistent with sections 24-65.1-105 and 29-20-108 for expedited consideration or approval of an exemption from the code for activities or investments related to repair, replacement, or hardening of existing utility infrastructure primarily within existing transmission routes that mitigate wildfire risk.

(c) In addition to promulgating the rules required by subsection (4)(b) of this section, the board shall:

(I) When promulgating rules pursuant to subsection (4)(b) of this section, collaborate with:

(A) The division of insurance created in section 10-1-103 (1);

(B) The department of local affairs; and

(C) The energy code board established in section 24-38.5-401 (2);

(II) Pursuant to the board's collaboration with the energy code board as required by subsection (4)(c)(I)(C) of this section, the board shall work with the energy code board to identify any conflicts between codes developed by the energy code board pursuant to section 24-38.5-401 (5) and (6) and rules promulgated by the board and make best efforts to resolve any conflicts;

(III) Consider opportunities to incentivize and support governing bodies in adopting more stringent codes than the codes adopted in accordance with subsection (4)(b)(II) of this section;

(IV) Receive petitions for modification of the codes and standards submitted by governing bodies in accordance with section 24-33.5-1237 (3) and rules adopted by the board pursuant to subsection (4)(b) of this section; and

(V) Review appeals, conduct hearings, and issue decisions in accordance with section 24-33.5-1237 and rules adopted by the board pursuant to subsection (4)(b) of this section.

(d) Properties with a certificate of occupancy are not required to be in compliance with the codes prior to the sale or transfer of a property.

(e) Except as otherwise provided in this section and in section 24-33.5-1237, the board is not authorized to make or adopt land use policies.

(f) The board shall hold hearings to allow for statewide public input and shall proactively solicit public feedback when promulgating rules pursuant to this section.

(g) The board shall not approve final adoption of the codes, or any updates or supplements to the codes pursuant to subsection (4)(b) of this section, until at least three statewide public hearings have been held, including at least one hearing held in a location west of the continental divide and at least one hearing held in a location east of the continental divide and either south of El Paso county's southern boundary or east of Arapahoe county's eastern boundary. Members of the board may participate electronically and the board shall establish rules to provide for the necessary elements for electronic attendance at hearings.

(5) Staff support. The division and the Colorado fire commission shall provide office space, equipment, and staff services as necessary to implement this section. The division shall provide assistance to the board in maintaining a publicly accessible website that must contain current information on actions taken by the board and current information about the codes.

(6) Reports. (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before September 30, 2024, and on or before September 30 each year thereafter, the board shall submit a written report to the wildfire matters review committee created in section 2-3-1602 and the director on its activities, actions, and recommendations for improvement.

(b) The report required by subsection (6)(a) of this section must include information concerning:

(I) Definitions adopted by the board;

(II) Performance metrics adopted and used by the board; and

(III) Compliance with the codes adopted by the board, including:

(A) A list of governing bodies that have adopted a code that meets the minimum standards set forth in the codes;

(B) A list of governing bodies that have adopted a code that exceeds the minimum standards set forth in the codes;

(C) A list of any governing bodies that the board believes to not be in compliance with the requirements set forth in section 24-33.5-1237 (2)(a);

(D) A list of any governing bodies that have approved modifications to the governing body's code by the board and a description of the approved modifications; and

(E) A list of any governing bodies that have applied to the board for a modification to the governing body's code, a description of each proposed modification, and the status of the appeal.

(7) Gifts, grants, and donations. The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section and section 24-33.5-1237. The board shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the wildfire resiliency code board cash fund created in subsection (8) of this section.

(8) Wildfire resiliency code board cash fund. (a) The wildfire resiliency code board cash fund, referred to in this subsection (8) as the "fund", is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (8)(d) of this section, money credited to the fund pursuant to this section, money credited to the fund pursuant to section 24-33.5-1237 (2)(d), and any other money that the general assembly may appropriate or transfer to the fund.

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

(c) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the implementation of this section and of section 24-33.5-1237.

(d) On July 1, 2023, the state treasurer shall transfer two hundred fifty thousand dollars from the general fund to the fund.

(9) As used in this section, unless the context otherwise requires, "governing body" has the same meaning as set forth in section 24-33.5-1237 (1)(d).
C.R.S. § 24-31-304 — CO Code / Title 24 / Article 31 / Part 3 / Section 24-31-304
24-31-304. Applicant for training - fingerprint-based criminal history record check
Status: in_force

24-31-304. Applicant for training - fingerprint-based criminal history record check. (1) For purposes of this section, "training academy" means a basic or reserve peace officer training program approved by the P.O.S.T. board that is offered by a training academy, community college, college, or university.

(2) A training academy shall not enroll as a student a person who has been convicted of an offense that would result in the denial of certification pursuant to section 24-31-305 (1.5).

(3) (a) A person seeking to enroll in a training academy shall submit a set of fingerprints to the training academy prior to enrolling in the academy. The training academy shall forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The P.O.S.T. board is the authorized agency to receive information regarding the result of a national criminal history record check. The P.O.S.T. board shall notify the training academy if the fingerprint-based criminal history record check indicates that the person is prohibited from enrolling in the training academy pursuant to subsection (2) of this section. The person seeking to enroll in the training academy shall bear only the actual costs of the state and national fingerprint-based criminal history record check.

(b) When the results of a fingerprint-based criminal history record check of a person seeking to enroll in a training academy performed pursuant to this section reveal a record of arrest without a disposition, the P.O.S.T. board shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(4) (a) Notwithstanding the provisions of subsection (2) of this section and section 24-31-305 (1.5) to the contrary, if the person anticipates that he or she will be prohibited from enrolling in the training academy on the grounds that the person has been convicted on or after July 1, 2001, of one or more of the misdemeanors described in section 24-31-305 (1.5), the person may, at the time of applying for admission to the training academy, notify the P.O.S.T. board of the conviction or convictions and request the P.O.S.T. board to grant the person permission to enroll in the training academy.

(b) The P.O.S.T. board shall promulgate rules deemed necessary by the board concerning the procedures for the granting of permission to enroll in a training academy pursuant to this subsection (4). The P.O.S.T. board, in promulgating the rules, shall take into consideration the procedures for the granting of exemptions to denials of certification and the withdrawal of denials of certification described in section 24-31-305 (1.6). The P.O.S.T. board, in promulgating the rules, may specify that an applicant for certification pursuant to section 24-31-305 need not submit a set of fingerprints at the time of applying for the certification if the applicant has already submitted a set of fingerprints pursuant to this section.
C.R.S. § 24-33.5-1233 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1233
24-33.5-1233. Colorado fire commission - creation - powers and duties - report - legislative d
Status: repealed

24-33.5-1233. Colorado fire commission - creation - powers and duties - report - legislative declaration - repeal. (1) Legislative declaration. (a) The general assembly hereby finds that:

(I) The division has engaged in a two-year, stakeholder-driven strategic planning effort to evaluate fire programs throughout the state and identify areas in which the state can better support its partners;

(II) A commission structure will ensure accountability and create an efficient and streamlined statewide process for issuing recommendations, driving implementation of specific actions and policies, and reporting on progress and lessons learned;

(III) A commission will also help the state to be proactive on wildfire issues, and to develop a comprehensive approach that embraces mitigation, prevention, and preparedness; and

(IV) Establishing a fire commission will allow the state to continue to develop long-term strategies and recommendations on complex fire issues.

(b) Therefore, the general assembly declares that establishing a Colorado fire commission serves the interests of the state and local communities in developing effective strategies for fire prevention, mitigation, preparedness, and suppression.

(2) Commission created. There is hereby created in the division the Colorado fire commission, referred to in this section as the "commission".

(3) Membership. (a) The commission consists of twenty-four voting members as follows:

(I) The executive director, or the executive director's designee;

(II) The director, or the director's designee;

(III) The chief of the wildland fire management section in the division, or the chief's designee;

(IV) The state forester, or the state forester's designee, to include relevant information pursuant to section 23-31-316;

(V) The director of the division of homeland security and emergency management, or the director's designee;

(VI) The executive director of the department of natural resources, or the executive director's designee; and

(VII) Eighteen members appointed by the executive director as follows:

(A) Two members appointed from nominees submitted by a statewide organization representing fire chiefs, with one such member representing the western slope and one such member representing the eastern part of the state;

(B) Two members appointed from nominees submitted by a statewide organization representing professional firefighters;

(C) Two members appointed from nominees submitted by a statewide organization representing volunteer firefighters;

(D) Four members appointed from nominees submitted by a statewide organization representing county sheriffs, with at least one such member representing the western slope and at least one such member representing the eastern part of the state;

(E) Two members appointed from nominees submitted by a statewide organization representing counties, with one such member representing the western slope and one such member representing the eastern part of the state;

(F) Two members appointed from nominees submitted by a statewide organization representing municipalities;

(G) Two members appointed from nominees submitted by a statewide organization representing special districts;

(H) One member appointed from nominees submitted by a statewide organization representing emergency managers; and

(I) One member of the 9-1-1 advisory task force established by the public utilities commission.

(b) (I) The executive director shall appoint one nonvoting ex officio member who represents a nonprofit organization with expertise in nationally recognized safety standards.

(II) The executive director shall appoint two nonvoting ex officio members who represent water providers, with one such member representing the western slope and one such member representing the eastern part of the state.

(III) The executive director shall appoint one nonvoting ex officio member who represents the insurance industry.

(IV) The executive director may, in the executive director's discretion, appoint additional nonvoting ex officio members with expertise in the commission's areas of study to aid the commission in fulfilling its duties.

(c) The commission includes the following nonvoting ex officio members:

(I) One representative from the United States forest service;

(II) One representative from the bureau of land management; and

(III) One representative from the national park service.

(d) The executive director shall make initial appointments no later than August 5, 2019. The executive director shall consider geographic representation in appointing members of the commission. The executive director shall ensure, to the extent practicable, that the appointed members represent a balance of expertise in the areas of fire mitigation, prevention, preparedness, local community resiliency, and suppression.

(e) The term of appointments is four years; except that the term of each member initially appointed pursuant to subsections (3)(a)(VII)(C) to (3)(a)(VII)(F) of this section is two years. A member may be reappointed for additional terms. The executive director shall fill any vacancy by appointment for the remainder of the unexpired term. An appointment to fill a vacancy is subject to the requirements set forth for the vacant position in subsection (3)(a)(VII) or (3)(b) of this section, as applicable.

(f) Each member of the commission serves without compensation, but each voting member and each ex officio member appointed pursuant to subsection (3)(b) of this section is entitled to reimbursement for actual and necessary travel expenses incurred in the performance of his or her duties as a member of the commission.

(g) The executive director or his or her designee is the chair of the commission.

(h) The commission shall meet at least once every three months. The chair may call such additional meetings as are necessary for the commission to complete its duties.

(4) Powers and duties. (a) The mission of the commission is to enhance public safety in Colorado through an integrated statewide process focused on the fire service's capacity to conduct fire management and use, preparedness, prevention, and response activities to safeguard lives, property, including utility and communication infrastructure, and natural resources, and increase the resiliency of local and regional communities.

(b) In furtherance of its mission, the commission shall consider the following issues:

(I) Developing an accurate understanding of Colorado's fire problems, including the number of injuries and fatalities, overall fire losses, and the causes and origins of structural and wildland fires;

(II) Reviewing the current emergency fire fund program and providing recommendations to make it more inclusive of counties throughout the state;

(III) Evaluating funding mechanisms for effective response to large fires, with consideration given to appropriate cost-share agreements, financial contributions, mitigation and preparedness, mutual aid participation, and local actions and plans;

(IV) Assessing the capacity of the state to provide emergency fire support and technical expertise to local communities;

(V) Developing performance measures of overall response effectiveness and identifying recommended improvement areas;

(VI) Strengthening regional and statewide coordination of mutual aid resources and initial attack capabilities for fires and other hazards;

(VII) Developing best practice recommendations related to high-risk occupancies for consideration by local jurisdictions and communities, including recommendations related to minimum cooperative agreements and mutual aid resources;

(VIII) In cooperation with the Colorado state forest service and other affected stakeholders, developing and publishing an assessment of fire treatment costs and cost distribution, including the costs of mitigation under emergent and nonemergent circumstances, retreatment costs, and post-recovery costs;

(IX) Developing methodical approaches to and recommendations on Colorado's fire service concerns and issues; and

(X) Forecasting upcoming funding and resource challenges and trends that affect fire services and the ability of the state and of local jurisdictions to respond to fire and mitigate hazards in the short and long term.

(c) (I) The commission may establish task forces to study and make recommendations to the commission on specific subject matter areas within the commission's area of study.

(II) When establishing a task force, the commission shall set forth the purpose of the task force and its membership, area of study, duties, and duration.

(III) The chair shall appoint the members of a task force, with the advice and consent of the commission. The chair may appoint individuals who are not members of the commission to serve on a task force. Members of a task force serve for the duration of the task force. Members of a task force who are not voting members of the commission or ex officio members of the commission appointed pursuant to subsection (3)(b) of this section serve without compensation and without reimbursement for expenses.

(5) Staff support. The division shall provide office space, equipment, and staff services as may be necessary to implement this section.

(6) Reports. (a) On or before August 31, 2020, and on or before August 31 each year thereafter, the commission shall submit a written report to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6)(a) continues until the commission is repealed.

(b) On or before August 31, 2021, and on or before August 31 each year thereafter, the commission shall report to the wildfire matters review committee on its activities and recommendations.

(7) Repeal. This section is repealed, effective September 1, 2033. Before its repeal, this section is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 24-4.1-403 — CO Code / Title 24 / Article 4.1 / Part 4 / Section 24-4.1-403
24-4.1-403. Certification forms - signature requirement - limitation on factors for consider
Status: in_force

24-4.1-403. Certification forms - signature requirement - limitation on factors for consideration. (1) Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim:

(a) Was a victim of qualifying criminal activity; and

(b) Has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.

(2) (a) For purposes of determining helpfulness pursuant to subsection (1)(b) of this section, a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity if there is no documentation that the victim refused or failed to provide assistance reasonably requested by law enforcement.

(b) A certifying agency's inability to communicate with a victim due to the victim's language must not be considered a refusal or failure to provide assistance.

(3) The certifying agency shall not consider any other factors in deciding whether to sign the certification form, except whether the individual was a victim of qualifying criminal activity and the victim's helpfulness, as specified in subsection (1) of this section.

(4) If a certifying official or agency signs the certification form, the official or agency shall return the signed certification form to the requestor, along with, free of charge, relevant pages of offense reports related to the qualifying criminal activity subject to release by law, unless already provided by another agency. The timing of release of such reports for open investigations or prosecutions is subject to the certifying agency's discretion.

(5) The certifying agency is neither a sponsor nor a decision-maker in the granting of a U visa. A certifying official's completion of a certification form is not sufficient evidence that an applicant for a U visa has met all eligibility requirements and does not guarantee that the victim will receive a U visa. It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U visa. Completion of a certification form by a certifying official merely verifies factual information relevant for federal immigration officials to determine eligibility for a U visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge.

(6) More than one victim may be identified and provided with certification, depending upon the circumstances.

(7) If a certifying official or agency declines to sign the certification form, the official or agency shall, in writing, notify the requestor of the reason or reasons for the denial within the times set forth in section 24-4.1-402. The denial notification must contain a detailed explanation of the reason or reasons for the denial, consisting of one of the following:

(a) Lack of jurisdiction over the certification form request due to the certifying agency not having been involved in the detection, investigation, or prosecution of the qualifying criminal activity;

(b) The requestor was not a victim of qualifying criminal activity; or

(c) Lack of helpfulness, including documented instances of failure or refusal to comply with reasonable requests for assistance.

(8) Upon receiving notice that a request for a certification form pursuant to this section is denied, a requestor may provide supplemental information to the certifying agency and request that the certification form denial be reviewed by the certifying agency.

(9) A requestor may seek a subsequent certification from the same certifying agency or may seek certification from multiple certifying agencies.
C.R.S. § 24-92-205 — CO Code / Title 24 / Article 92 / Part 2 / Section 24-92-205
24-92-205. Investigation and determination of prevailing wages - filing of schedule - repea
Status: repealed

24-92-205. Investigation and determination of prevailing wages - filing of schedule - repeal. (1) In determining the applicable prevailing wage for public projects pursuant to section 24-92-204, the director shall use appropriate wage determinations issued by the United States department of labor in accordance with the "Davis-Bacon Act", 40 U.S.C. sec. 3141, et seq., to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project. Beginning on January 1, 2022, the director shall keep a schedule on file in his or her office of the customary prevailing rate of wages and payments made to or on behalf of the employees, which shall be open to public inspection.

(1.5) (a) For solicitations issued for public projects on or after July 1, 2021, but prior to January 1, 2022, the agency of government shall keep a schedule on file for the life of the project of the customary prevailing rate of wages and payments made to or on behalf of the employees, which shall be open to public inspection.

(b) The director shall notify the revisor of statutes in writing of the date when all the public projects covered by subsection (1.5)(a) of this section have been completed by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This subsection (1.5) is repealed effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.

(2) The director shall update the applicable prevailing wage for public projects as determined pursuant to subsection (1) of this section on or before July 1, 2022, and on or before July 1 each year thereafter.
C.R.S. § 24-38.5-102.4 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-102.4
24-38.5-102.4. Energy fund - creation - use of fund - definitions - report - repeal
Status: repealed

24-38.5-102.4. Energy fund - creation - use of fund - definitions - report - repeal. (1) (a) (I) The energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund from the general fund; money transferred to the fund at the end of the 2006-07 state fiscal year and at the end of each succeeding state fiscal year from money received by the Colorado energy office; money received pursuant to the federal "American Recovery and Reinvestment Act of 2009", Pub.L. 111-5, or any amendments thereto; money received pursuant to revenue contracts, court settlement funds, supplemental environmental program funds, or the repayment or return of funds from eligible public depositories; money transferred to the fund pursuant to sections 6-7.5-110 (2)(a), 25-5-1406 (3)(a), and 25-7-1507 (3)(a); money received as gifts, grants, and donations; and any other money received by the Colorado energy office. Interest and income earned on the deposit and investment of money in the energy fund are credited to the fund. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the innovative energy fund created in section 24-38.5-102.5.

(II) and (III) Repealed.

(b) For purposes of this section, "Colorado energy office" means the Colorado energy office created in section 24-38.5-101.

(2) (a) All money in the energy fund is continuously appropriated to the Colorado energy office for the purposes of advancing energy efficiency and renewable energy throughout the state.

(b) The Colorado energy office may expend money from the energy fund:

(I) To attract renewable energy industry investment in the state;

(II) To assist in technology transfer into the marketplace for newly developed energy efficiency and renewable energy technologies;

(III) To provide market incentives for the purchase and distribution of energy efficient and renewable energy products;

(IV) To assist in the implementation of energy efficiency projects throughout the state;

(V) To aid governmental agencies in energy efficiency government initiatives;

(VI) To facilitate widespread implementation of renewable energy technologies;

(VII) To educate the general public on energy issues and opportunities;

(VII.5) To implement the building performance program defined in section 24-38.5-112 (3)(b) and described in that section and section 25-7-142; and

(VIII) In any other manner that serves the purposes of advancing energy efficiency and renewable energy throughout the state.

(c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the moneys in the clean and renewable energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:

(A) The amount of the grant or loan;

(B) The quantified impact on energy demand or amount of clean energy production generated as a result of the grant or loan;

(C) The potential economic impact of the grant or loan; and

(D) The public benefits expected to result from the grant or loan.

(II) The Colorado energy office may establish terms and conditions for making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.

(3) (a) Within three days after June 14, 2021, the state treasurer shall transfer forty million dollars from the general fund to the energy fund created in subsection (1)(a) of this section. The Colorado energy office shall use the money transferred under this subsection (3)(a) in a manner consistent with subsections (2)(b) and (2)(c) of this section and for the purposes of:

(I) Making grants to the Colorado Clean Energy Fund, a Colorado nonprofit corporation, not to exceed a total of thirty million dollars;

(II) Making grants to the Colorado new energy improvement district created in section 32-20-104, not to exceed a total of three million dollars;

(III) Increasing the amount used, expended, or obligated on the residential energy upgrade loan program administered by the Colorado energy office and the Colorado Clean Energy Fund by up to two million dollars; and

(IV) Increasing the amount used, expended, or obligated on the charge ahead Colorado program administered by the Colorado energy office by up to five million dollars.

(b) (I) The Colorado energy office shall use, expend, or obligate at least seventy-five percent of the money for the uses specified in subsection (3)(a) of this section prior to July 1, 2022, and at least eighty-five percent of the money prior to July 1, 2023.

(II) On June 30, 2025, the state treasurer shall transfer to the general fund any money in the energy fund created in subsection (1)(a) of this section that was transferred to the energy fund under subsection (3)(a) of this section and that remains unused, unexpended, and unobligated as of that date.

(c) (I) On January 15, 2022, and annually thereafter until all state money has been used by grant recipients pursuant to this subsection (3), the Colorado energy office shall provide a report with full accounting of the use of all grant money awarded. The report must include amounts and dates for how grant money has been used by each of the entities, including the names of all contractors, vendors, grantees, or recipients of state money, how the money was to be used, and all overhead and administrative costs associated with using the money. The Colorado energy office shall distribute copies of the reports as follows:

(A) To the office of state planning and budgeting, the house of representatives energy and environment committee, and the senate transportation and energy committee or the successors to those entities; and

(B) To the general assembly in accordance with section 24-1-136 (9).

(II) In addition to making the reports specified in subsection (3)(c)(I) of this section, the Colorado energy office shall incorporate the information contained in those reports into its annual presentations under section 2-7-203.

(d) This subsection (3) is repealed, effective July 1, 2025.

(4) Repealed.
C.R.S. § 24-109-301 — CO Code / Title 24 / Article 109 / Part 3 / Section 24-109-301
24-109-301. Interest
Status: in_force

24-109-301. Interest. Except for interest payable on liability incurred by the state under section 24-30-202 (24), interest on amounts determined to be due to a contractor or to the state under this code shall accrue from the date the controversy was submitted pursuant to section 24-109-106 through the final resolution of the controversy by the procurement official or upon final determination of the executive director or adjudication of the Denver district court, whichever occurs last. Interest shall be calculated at the amount due at the rate set forth in the contract or at the rate of one percent per month, whichever is greater, until the amount is paid in full.
C.R.S. § 24-80-1401 — CO Code / Title 24 / Article 80 / Part 14 / Section 24-80-1401
24-80-1401. Colorado veterans' monument preservation trust fund - preservation trust committ
Status: in_force

24-80-1401. Colorado veterans' monument preservation trust fund - preservation trust committee - park name change. (1) There is hereby created in the state treasury the Colorado veterans' monument preservation trust fund, referred to in this section as the "trust fund", the principal of which shall consist of funds made available from private donations received by the department of personnel and any funds appropriated thereto by the general assembly. All moneys deposited in the trust fund and all interest earned in the trust fund shall remain in the trust for the purposes as set forth in this part 14, and no portion thereof shall be expended or appropriated for any other purpose.

(2) There is hereby created a preservation trust committee for the purpose of overseeing and making allocations out of the trust fund. The preservation trust committee shall be comprised of four members. One member shall be a representative or designee of the Colorado board of veterans affairs, created in section 28-5-702, one member shall be a member or designee of the state capitol building advisory committee, created in section 24-82-108, one member shall be a veteran appointed jointly by the speaker of the house of representatives and the president of the senate, and one member shall be a representative of the department of personnel that oversees real estate services, who shall be an ex officio nonvoting member.

(3) (a) The initial term for the member representing the Colorado board of veterans affairs and for the member representing the state capitol building advisory committee shall be three years. Thereafter, those members' terms shall be two-year terms. Except as provided in paragraph (b) of this subsection (3), the member appointed by the speaker of the house of representatives and the president of the senate shall serve a two-year term. Any vacancy on the committee shall be filled in the same manner provided for original appointments for the remainder of an unexpired term.

(b) The term of the member appointed by the speaker of the house of representatives and the president of the senate and who is serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall jointly appoint or reappoint one member in the same manner as provided in paragraph (a) of this subsection (3). Thereafter, the term of the member appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. Members appointed or reappointed by the speaker and the president shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.

(4) The preservation trust committee shall have discretion in determining the amount of funds to allocate from the trust fund to meet the purposes of this part 14; except that only the interest derived from the principal in the trust fund may be expended by the preservation trust committee. All gifts, grants, and donations received by the department of personnel pursuant to subsection (5) of this section shall be credited to the trust fund and retained as principal in the trust fund. All interest earned on the investment of money in the fund shall be continuously appropriated to the department of personnel for allocation to the preservation trust committee. The preservation trust committee shall determine annually how much of the interest generated from the principal in the trust fund will be spent and shall determine and approve what types of maintenance and repair work will be performed for the purposes of maintaining, enhancing, and repairing the Colorado veterans' monument and any fallen heroes memorials in Lincoln veterans' memorial park in Denver, Colorado, and for maintaining Lincoln veterans' memorial park. The principal of the trust fund and any unappropriated interest earned on the principal of the trust fund at the close of any fiscal year shall remain in the trust fund and shall not be transferred to or revert to the general fund.

(5) The department of personnel is authorized to receive gifts, grants, and donations from private or public sources for the trust fund. Such gifts, grants, and donations, together with any other money appropriated or transferred by the general assembly, shall be transmitted to the state treasurer who shall credit the same to the trust fund. Money in the trust fund shall be used for maintaining and enhancing the Colorado veterans' monument and Lincoln veterans' memorial park, but shall not be used to supplant existing appropriations for maintenance of the monument or Lincoln veterans' memorial park. For purposes of section 20 of article X of the state constitution, any donations received for the trust fund shall not be included in state fiscal year spending.

(6) On and after May 31, 2021, the parks previously known as "Lincoln park" and "Liberty park", bounded by Lincoln on the east, Broadway on the west, Fourteenth avenue on the south, and Colfax avenue on the north, shall be collectively known as "Lincoln veterans' memorial park".
C.R.S. § 24-33.5-1619 — CO Code / Title 24 / Article 33.5 / Part 16 / Section 24-33.5-1619
24-33.5-1619. Natural disaster mitigation enterprise - fund - goals - grant program - gifts, g
Status: repealed

24-33.5-1619. Natural disaster mitigation enterprise - fund - goals - grant program - gifts, grants, or donations - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby:

(a) Finds and determines that:

(I) Increased greenhouse gas emissions and rapidly rising temperatures resulting from human activity are changing the climate in ways that threaten Colorado's economy, the health of its residents, and its natural landscape;

(II) These temperature increases are already having an impact on Colorado's environment, with extreme wildfires, floods, drought, extreme weather events, and heat waves dramatically increasing in recent years;

(III) The economic impacts of these increasingly frequent and severe disasters are enormous, for example with the 2020 wildfires costing seventy-seven million dollars to fight through August, and the 2012 drought resulting in losses of seven hundred twenty-six million dollars for the agriculture sector alone;

(IV) Local governments are on the forefront of responding to these challenges and possess significant experience and expertise in addressing them;

(V) Although state and federal funding is routinely made available to help local communities with immediate disaster response needs, there is no long-term, consistent source of funds to support the investments needed to prevent disasters from happening and to make local communities more resilient against future disasters;

(VI) Making these investments will decrease losses that would otherwise be largely paid by insurers;

(VII) As documented by a 2019 report from the National Institute of Building Science, the benefit of these investments significantly exceed their costs, in some cases by ratios as high as ten to one;

(VIII) Accordingly, funding for ongoing disaster mitigation efforts should be related to property and casualty insurance products; and

(b) Declares that:

(I) The natural disaster mitigation enterprise provides valuable services, benefits, and useful business services to insurers, when, in exchange for payment of the fee described in subsection (4) of this section, the enterprise uses the fees to:

(A) Provide grants to local governments to implement resilience and natural disaster mitigation measures;

(B) Assist entities that apply for federal grants dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures by issuing grants to help the entities provide the matching funds required for the federal grants; and

(C) Provide local governments technical assistance on natural disaster mitigation;

(II) By providing the benefits and services specified in subsection (1)(b)(I) of this section, the natural disaster mitigation 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 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 subsection (1)(b)(I) of this section to insurers that pay the fee and the fee is collected at a rate that is reasonably calculated based on the benefits received by those insurers;

(IV) So long as the natural disaster mitigation enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the fee 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)(B); and

(V) No other enterprise created simultaneously or within the preceding five years serves primarily the same purpose as the natural disaster mitigation enterprise and the natural disaster mitigation enterprise will generate revenue from fees and surcharges of less than one hundred million dollars total in its first five fiscal years. Accordingly, the creation of the natural disaster mitigation enterprise does not require voter approval pursuant to the provisions of section 24-77-108.

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

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

(b) "Eligible entity" means a governing subdivision of the state, including counties, municipalities, school districts, and special districts, that implements or intends to implement natural disaster mitigation measures, or that is applying for a federal grant that both requires matching funds and is dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.

(c) "Enterprise" means the natural disaster mitigation enterprise created in subsection (3) of this section.

(d) "Fee" means the fee described by subsection (4) of this section;

(e) "Fund" means the natural disaster mitigation cash fund created in subsection (5) of this section.

(f) "Grant program" means the natural disaster mitigation grant program created in subsection (7) of this section.

(g) "Natural disaster mitigation" means taking measures that reduce the risk of loss of life and property from future natural hazard disasters and decreasing costs associated with disaster recovery.

(3) Enterprise. (a) There is hereby created in the department the natural disaster mitigation enterprise. The enterprise is and operates as a government-owned business within the department for the business purpose of collecting the fee charged to certain insurers, and utilizing the fee revenue to administer the grant program and to provide local governments technical assistance on natural disaster mitigation. The enterprise exercises its powers and performs its duties and functions under the department as if transferred to the department by a type 2 transfer, as defined in the "Administrative Organization Act of 1968", article 1 of this title 24.

(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 described in subsection (4) of this section;

(II) Promote natural disaster mitigation by issuing grants as specified in subsection (7) of this section;

(III) Provide local governments technical assistance on natural disaster mitigation;

(IV) By resolution, authorize and issue revenue bonds that are payable only from the money in the fund, which revenue bonds may be issued to promote the hazard mitigation purposes specified in this subsection (3)(c);

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

(VI) Engage the service 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.

(d) The enterprise is governed by a board of directors. The board consists of the following thirteen members appointed by the executive director of the department of public safety:

(I) One member representing the department of public safety;

(II) One member representing the department of public health and environment;

(III) One member of the Colorado resiliency office;

(IV) One member who has experience in environmental justice and representing underserved communities;

(V) Four members who are representatives of local governments at least one of whom represents a county, one of whom represents a municipality, and all of whom, taken as a whole and to the greatest extent possible, represent the geographic diversity of the state;

(VI) Two members who are scientists with expertise in climate-induced weather hazards, resilience planning, or disaster mitigation; and

(VII) Three members representing the insurance industry.

(e) The member appointed pursuant to subsection (3)(d)(I) 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.

(f) The term of office of board members is four years; except that the executive director shall designate two members appointed pursuant to subsection (3)(d)(V) of this section, one of the members appointed pursuant to subsection (3)(d)(VI) of this section, and three of the members appointed to subsections (3)(d)(I), (3)(d)(II), (3)(d)(IV), and (3)(d)(VII) to serve initial terms of two years.

(g) A vacancy on the board is filled in the same manner as the original appointment was made. A person appointed to fill a vacancy serves for the remainder of the unexpired term.

(h) The board shall meet at least quarterly and the chair may call additional meetings as necessary for the board to complete its duties.

(i) 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 official board meetings.

(4) Fee. (a) Each insurer that has a policy or contract of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state shall pay a fee imposed and collected by the enterprise. The enterprise shall transmit any fee collected in accordance with this subsection (4) to the state treasurer, who shall credit the same to the fund. Any fee transmitted to the state treasurer that is collected on behalf of the enterprise is excluded from the state's fiscal year spending. For each insurer, the amount of the fee must equal two dollars multiplied by the number of certain policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state.

(b) On or before July 1, 2023, an insurer shall:

(I) Pay the fee for the policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state from March 1, 2022, through December 31, 2022, and held by the insurer from March 1, 2022, through December 31, 2022; and

(II) Report to the enterprise the number of policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state from March 1, 2022, through December 31, 2022, and held by the insurer from March 1, 2022, through December 31, 2022.

(c) On or before July 1, 2024, and on or before July 1 of each year thereafter through 2029, an insurer shall:

(I) Pay the fee for the policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state during the previous calendar year and held by the insurer in the previous calendar year; and

(II) Report to the enterprise the number of policies or contracts of insurance of the types listed in subsection (4)(e) of this section covering property or risks in the state during the previous calendar year and held by the insurer in the previous calendar year.

(d) On or before December 31, 2023, and on or before December 31 each year thereafter through 2029, the enterprise shall compare the list of insurers who paid the fee with a list compiled by the division of insurance of those insurers that have policies or contracts of the types listed in subsection (4)(e) of this section covering property or risks in the state and shall notify the division of insurance of any insurer's failure to pay the fee described in this subsection (4). Upon receiving notice of an insurer's failure to pay the fee, the division of insurance shall notify the insurer of the fee requirement. If the insurer fails to pay the fee within fifteen days after receiving the notice, the division of insurance may impose a civil penalty of not more than one hundred twenty percent of the amount due. The insurer shall pay the civil penalty to the division of insurance. The division of insurance shall transfer the amount received to the state treasurer who shall credit the same to the fund.

(e) Insurance companies are liable for the fee on policies or contracts covering property or risks in the state of the following types:

(I) Fire;

(II) Allied lines;

(III) Private crop;

(IV) Farmers multiple peril;

(V) Homeowners multiple peril; or

(VI) Commercial multiple peril.

(f) Each insurer subject to the provisions of this subsection (4) is authorized to recoup the fee described in this subsection (4) from its policy holders.

(g) Each insurer subject to the provisions of this subsection (4) shall not raise its premiums based on the fee described in this subsection (4).

(h) The fee described in this subsection (4) must not be considered a premium for any purpose, including the computation of the gross premium tax described in section 10-3-209 or the producer's commission.

(i) The enterprise shall also ensure, by lowering the fee imposed by this subsection (4) to the extent necessary, that the total amount of fee revenue does not exceed one hundred million dollars over the first five fiscal years of the enterprise's existence.

(5) Fund. (a) There is hereby created in the state treasury the natural disaster mitigation cash fund. The fund consists of money credited to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund.

(b) The money in the fund shall not be deposited in or transferred to the general fund or any other fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(c) Money in the fund is continuously appropriated to the enterprise for the purposes of:

(I) Administering the grant program and awarding grants in accordance with subsection (7) of this section;

(II) Providing local governments technical assistance on natural disaster mitigation;

(III) For any direct and indirect administrative expenses incurred by the enterprise; and

(IV) Repaying the general fund loan provided in subsection (5)(e) of this section.

(d) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section, so long as the combination of grants from the state and local governments is less than ten percent of the enterprise's total revenue.

(e) (I) On June 30, 2023, the state treasurer shall transfer ninety-five thousand dollars from the general fund to the fund for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. Notwithstanding any other law, the enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, the transfer is a loan from the state treasurer to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise is credited to the fund or to an account within the fund. Loan liabilities that are recorded in the fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.

(II) No later than December 31, 2025, the enterprise shall repay the loan of ninety-five thousand dollars received pursuant to subsection (5)(e)(I) of this section and accumulated interest. Interest accrues on the money borrowed at a rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal" as of the date the transfer required by subsection (5)(e)(I) of this section is made, beginning on that date and continuing until the date on which the money is repaid.

(III) This subsection (5)(e) is repealed, effective July 1, 2026.

(6) Natural disaster mitigation goals. The enterprise shall administer the grant program and award grants and provide local governments technical assistance on natural disaster mitigation to achieve the following natural disaster mitigation goals:

(a) Reduce the negative impacts from future disasters on lives, property, and the economy;

(b) Improve the resilience of local communities given the increased frequency and intensity of severe weather events resulting from climate change;

(c) Engage in mitigation activities that directly reduce risks to lives and property, are cost-effective, technically feasible, science-based, ecologically sound, and environmentally sound as well as allowing strategic investment of limited resources and not harming underserved communities;

(d) Reduce repetitive losses;

(e) Utilize federal funding available for natural disaster mitigation projects; and

(f) Support communities with limited capacity to plan, prepare, and submit grant proposals under subsection (7) of this section.

(7) Grant program. (a) The enterprise shall administer the natural disaster mitigation grant program and, subject to available appropriations and revenues, shall award grants from the fund as provided in this subsection (7).

(b) The purpose of the grant program is to achieve the goals specified in subsection (6) of this section by assisting entities that are implementing disaster mitigation measures, or that have applied for federal grants that both require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures. The board may not award grants for renewable energy generation projects, resources, or technologies. The board may award grants for projects that include slope stabilization, watershed restoration, fuels mitigation, drought mitigation, and similar activities that directly reduce risks to communities, lives, and property. The board shall establish criteria to evaluate and prioritize applications for grants, based on:

(I) In the case of an eligible entity that is applying for a federal grant that both requires matching funds and is dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures, the federal emergency management agency's standardized benefit-cost analysis in accordance with current published federal guidance; a different methodology may only be used when it addresses a noncorrectable flaw in the federal emergency management agency's approved methodology, as identified by the board;

(II) The financial need of the eligible entity;

(III) The degree to which the eligible entity's proposal demonstrates benefits to underserved communities; and

(IV) The degree to which the eligible entity's proposal demonstrates consultation and collaboration with underserved communities.

(c) An eligible entity may submit an application to the enterprise for a grant pursuant to the policies and procedures specified by the board.

(d) Grant recipients shall only use the money received through the grant program for implementing disaster mitigation measures, or to offset the recipient's federal match requirement for federal grants dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.

(e) The board shall review the applications received pursuant to this section and shall award:

(I) No less than eighty-five percent of the annual fund revenue for grant awards nor award more than fifteen percent of the annual revenue in any single grant award; except that, by unanimous vote of the board, grants of up to twenty-five percent of the annual revenue can be awarded in exceptional circumstances;

(II) No more than ten percent of the annual fund revenue for technical assistance to support communities with limited capacity to plan, prepare, and submit grant proposals; and

(III) No more than five percent of the annual fund revenue for administering the grant program and awarding grants in accordance with this subsection (7).

(f) (I) A grantee shall report quarterly to the board on the progress of the project financed by the grant pursuant to terms specified in the grant award agreement.

(II) The board shall develop a policy regarding a grantee's noncompliance with the grant agreement entered into by the grantee and the board, which policy may include a mechanism for the board to convert the grantee's grant to a loan with interest.

(g) For grantees being awarded funds for use as a federal match, the award of any grant under this subsection (7) is contingent upon the applicant being awarded the federal grant that the applicant sought assistance with in its grant application. Grantees must comply with the requirements of any federal grants they receive pursuant to this section.

(8) 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 to which the department is assigned pursuant to section 2-7-204 (1). The report must include:

(a) The unobligated balance of the fund, the number of grant applications, and the number and value of grants awarded;

(b) The eligible entities that have applied for a grant, the actions taken by each grantee, other measurements of success, and the amount of grant money distributed to each grantee;

(c) The progress toward achievement of the natural disaster mitigation goals specified in subsection (6) of this section and the primary factors facilitating and inhibiting that progress; and

(d) Any suggested legislation or policy changes.

(9) Repeal. This section is repealed, effective January 1, 2030.
C.R.S. § 24-101-301 — CO Code / Title 24 / Article 101 / Part 3 / Section 24-101-301
24-101-301. Definitions
Status: in_force

24-101-301. Definitions. The terms defined in this section have the following meanings whenever they appear in this code, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular article or portion thereof:

(1) "Acceptance" means the action of consenting to receive or undertake something offered.

(2) "Award" means the selection of a bid or proposal by a governmental body. An award does not mean that a contract has been executed or that a commitment voucher has been issued pursuant to section 24-30-202.

(3) "Bidder" means any person that submits a bid in response to an invitation for bids.

(4) "Business" means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity.

(5) "Business day" means any day other than Saturday, Sunday, or a legal holiday.

(6) "Chief procurement officer" means the individual to whom the executive director has delegated his or her authority pursuant to section 24-102-202 to procure or supervise the procurement of all supplies and services needed by the state.

(7) "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure or building or any other public improvements of any kind to any public real property. For the purposes of this code, "construction" includes capital construction and controlled maintenance, as defined in section 24-30-1301.

(8) "Contingency-based contract" shall have the same meaning as set forth in section 24-17-203 (1).

(9) "Contract" means any type of state agreement, regardless of what it may be called, between a governmental body and a contractor, where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of a governmental body. "Contract" includes commitment vouchers as described in section 24-30-202.

(10) "Contract modification" means any written alteration of a contract accomplished in accordance with the terms of that contract.

(11) "Contractor" means any person having a contract with a governmental body. For the purposes of this code, a vendor is considered a contractor.

(12) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit or by a public procurement unit with an external procurement unit.

(13) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this code and a fee, if any.

(14) "Department" means the department of personnel.

(15) "Established catalog price" means the price included in a catalog, price list, schedule, or other form that:

(a) Is regularly maintained by a manufacturer or contractor;

(b) Is either published or otherwise available for inspection by customers; and

(c) States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(16) "Executive director" means the executive director of the department of personnel.

(17) "External procurement unit" means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. An external procurement unit includes any purchasing cooperative that satisfies the purposes of this code as set forth in section 24-101-102. An agency of the United States is an external procurement unit.

(18) "Governmental body" means any department, commission, council, board, bureau, committee, institution of higher education, agency, government corporation, or other establishment or official, other than an elected official, of the executive branch of state government in this state; except that the governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be excluded from the meaning of "governmental body".

(19) "Grant" means an agreement in which a governmental body as grantor transfers anything of value to a grantee to carry out a public purpose of support or stimulation authorized by law instead of acquiring property or services for the direct benefit or use of that governmental body. A grant may include a distribution of funds.

(20) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids. Invitation for bids is the commonly used term for soliciting competitive sealed bids and competitive sealed best value bids.

(21) "Legal holiday" shall have the same meaning as defined in section 24-11-101 (1).

(22) "Local public procurement unit" means any county, city, county and city, municipality, or other political subdivision of the state, any public agency of any such political subdivision, any public authority, any educational, health, or other institution, and, to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction.

(23) "Low responsible bidder" means any person who has bid in compliance with the invitation for bids and within the requirements of the plans and specifications for a public contract who is the low bidder and who has furnished bonds or their equivalent if required by law.

(24) "Low tie bids" means low responsible bids from bidders that are identical in amount and that meet all the requirements and criteria set forth in the invitation for bids pursuant to this code.

(25) "Nonresident bidder" means a bidder that does not satisfy the criteria to be a resident bidder.

(26) "Offeror" means any person that submits a proposal in response to a request for proposals.

(27) "Person" means any business, individual, union, committee, club, other organization, joint venture, or group of individuals.

(28) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. "Procurement" includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. "Procurement" also includes the procurement of information technology as defined in section 24-37.5-102 (12).

(29) "Procurement agent" means any person duly authorized to enter into and administer procurements and make written determinations with respect thereto. "Procurement agent" includes an authorized representative acting within the limits of his or her authority.

(30) "Procurement official" means the individual of a purchasing agency with purchasing authority created pursuant to section 24-102-202 (3) or 24-102-302 (2) or the individual authorized to enter into contracts for capital construction or controlled maintenance pursuant to section 24-30-1303 (5).

(31) Except as otherwise provided in section 24-103-1103 (13), "professional services" means services of accountants, clergy, physicians, lawyers, and dentists and such other services as may be procured through agents of those services, excluding those professional services as defined in section 24-30-1402, as the executive director may by rule designate as professional services.

(32) "Public employee" means an individual drawing a salary from a governmental body or a noncompensated individual performing personal services for a governmental body.

(33) "Public procurement unit" means either a local public procurement unit or a state public procurement unit.

(34) "Purchase description" means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to, or made a part of, the solicitation.

(35) "Purchasing agency" means any governmental body which is authorized to enter into contracts by section 24-102-302 (1) by way of delegation from the executive director pursuant to section 24-102-302 (2) or by the way of delegation from the executive director.

(36) "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Request for proposals is the commonly used term for soliciting competitive sealed proposals.

(37) "Resident bidder" means:

(a) A person that is authorized to transact business in Colorado and that maintains its principal place of business in Colorado; or

(b) A person that:

(I) Is authorized to transact business in Colorado;

(II) Maintains a place of business in Colorado; and

(III) Has paid Colorado unemployment compensation taxes in at least six of the eight quarters immediately prior to bidding on a construction contract for a public project.

(38) "Responsible" means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.

(39) "Responsive" means a bid or proposal that meets the specifications, acceptability requirements, and terms and conditions of the solicitation and that uses the form prescribed by the purchasing agency.

(40) "Rules" means state procurement rules and has the same meaning as provided in section 24-4-102 (15).

(41) "Sealed" means a bid or proposal submitted in a manner that:

(a) Ensures that the contents of the bid, proposal, or best value bid cannot be opened or viewed before the formal bid opening without leaving evidence that the document has been opened or viewed;

(b) Ensures that the document cannot be changed, once received by the state, without leaving evidence that the document has been changed;

(c) Bears a physical or electronic signature, as electronic signature is defined in the "Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the bidder or offeror to be bound; and

(d) Records, manually or electronically, the date and time the bid or proposal is received by the state and that cannot be altered without leaving evidence of the alteration.

(42) "Services" means the furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term does not include professional services as defined in section 24-30-1402.

(43) "Solicitation" means all documents and related information, whether attached or incorporated by reference, published on an electronic procurement system in connection with a procurement prior to the response deadline.

(44) "Specification" means any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

(45) "State public procurement unit" means the department of personnel or any other purchasing agency of this state.

(46) "Statement of work" means a document that defines specific activities and deliverables and their respective timelines, all of which form a contractual obligation upon the vendor in providing services to the state.

(47) "Supplies" means all property, including but not limited to equipment, materials, and insurance. The term does not include land, the purchase of an interest in land, water or mineral rights, workers' compensation insurance, benefit insurance for state employees, or property furnished in connection with public printing, as defined in section 24-70-201.

(48) "Using agency" means any governmental body of the state which utilizes any supplies, services, or construction procured under this code.
C.R.S. § 24-33.5-1207.7 — CO Code / Title 24 / Article 33.5 / Part 12 / Section 24-33.5-1207.7
24-33.5-1207.7. Public school construction and inspection cash fund - created
Status: in_force

24-33.5-1207.7. Public school construction and inspection cash fund - created. All moneys collected by the division pursuant to sections 22-32-124 (2) and 23-71-122 (1)(v), C.R.S., or section 24-33.5-1213.3 shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund, which is hereby created. All moneys credited to the fund and all interest earned thereon are subject to annual appropriation by the general assembly for paying the expenses of the public school construction and inspection program. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
C.R.S. § 24-32-132 — CO Code / Title 24 / Article 32 / Part 1 / Section 24-32-132
24-32-132. Small community-based nonprofit infrastructure grant program - creation - legisl
Status: repealed

24-32-132. Small community-based nonprofit infrastructure grant program - creation - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) Throughout the course of the COVID-19 public health emergency, small community-based nonprofit organizations have played a crucial role in referring individuals to or delivering needed, relevant, and culturally appropriate resources and services to families and communities that have been disproportionately impacted by the ongoing pandemic;

(b) Governmental entities and small community-based nonprofit organizations are natural partners, as they serve the same constituents in the same communities. Small community-based nonprofit organizations have close relationships with and high levels of trust among the communities they serve and are ideally positioned to maximize public benefits, particularly among communities that have historically been underrepresented, underserved, or underresourced in Colorado.

(c) In addition, small community-based nonprofit organizations are able to refer individuals to or fill the gaps in government programs due to their local presence and strong connections to the communities they serve. Communities disproportionately impacted by the pandemic have relied on small community-based nonprofit organizations to identify and generate community-led solutions to their specific needs.

(d) Many small community-based nonprofit organizations were founded and are operated by people whose lived experiences in the communities they serve led to the creation of the organization. This gives these nonprofit organizations a unique understanding of the best ways to provide the needed services and solutions in their communities.

(e) In response to the COVID-19 public health emergency, small community-based nonprofit organizations have had to restructure to operate remotely, work extended hours, provide more services to a greater segment of the population, collect data for impact and outcomes, catalog increased needs, create culturally responsive solutions to longstanding problems that were exacerbated by the pandemic, and pivot from prior routines or practices to reduce the economic and emotional toll on disproportionately impacted communities as a result of the COVID-19 public health emergency;

(f) Small community-based nonprofit organizations serve communities that are still suffering from the lingering impacts of the pandemic and have the knowledge, experience, and relationships necessary to address the ongoing negative impacts of the COVID-19 public health emergency in their communities;

(g) The primary obstacle that small community-based nonprofit organizations face in providing the needed services and solutions to their communities is a lack of financial resources for capacity-building, such as updating technology infrastructure, increasing strategic planning, providing professional development for staff and nonprofit boards, adapting fund-raising efforts, and strengthening communications;

(h) While the impacts and disproportional impacts of the COVID-19 public health emergency on the communities that small community-based nonprofit organizations serve are clear, many of these organizations as entities have themselves experienced the negative financial impacts of the COVID-19 public health emergency due to decreased revenue, increased costs, and the new and increased needs of the communities they serve;

(i) In addition, many small community-based nonprofit organizations provide services in qualified census tracts, which is defined by the United States treasury as any census tract that is designated by the secretary of housing and urban development and, for the most recent year for which census data are available on household income in such tract, either in which fifty percent or more of the households have an income that is less than sixty percent of the area median gross income for such year or that has a poverty rate of at least twenty-five percent. These nonprofit organizations are presumed by the United States treasury to be disproportionately impacted by the COVID-19 public health emergency.

(j) Providing assistance in the form of grants to nonprofit organizations that have been impacted or disproportionately impacted by the COVID-19 public health emergency is an allowable use of the money received by the state under the federal "American Rescue Plan Act of 2021", Pub.L. 117-2;

(k) Providing grants to small community-based nonprofit organizations for infrastructure funding will help mitigate the financial hardships of the COVID-19 public health emergency experienced by so many small community-based nonprofit organizations;

(l) These grants are designed to respond to the harm experienced by small community-based nonprofit organizations and are reasonably proportional to that harm; and

(m) The grant program described in this section is an important government service.

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

(a) "Eligible recipient" means a small community-based nonprofit organization that satisfies the eligibility criteria specified in subsection (5) of this section.

(b) "Fiscal agent" means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that:

(I) Has an arrangement with a small community-based nonprofit organization that may or may not have its own tax-exempt status to perform the following functions on behalf of the organization:

(A) Receive grants, contributions, and other money on behalf of the small community-based nonprofit organization;

(B) Ensure that the money of the small community-based nonprofit organization is spent on the intended charitable purposes of the organization without retaining any control over how the money is spent;

(C) Supervise the small community-based nonprofit organization's finances; and

(D) Ensure that the small community-based nonprofit organization's money is used in a manner that furthers the fiscal agent's own charitable work;

(II) Performs the functions specified in subsection (2)(b)(I) of this section for an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based nonprofit organization received with the assistance of the fiscal agent.

(c) "Fiscal sponsor" means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that:

(I) Has an arrangement with multiple small community-based groups that are not registered nonprofit organizations to perform the following functions on behalf of the small community-based groups:

(A) Receive grants, contributions, and other money on behalf of each of the small community-based groups;

(B) Ensure that the money of each small community-based group is spent on the intended charitable purpose of the group;

(C) Determine how and when the money of each small community-based group is spent;

(D) Supervise each small community-based group's finances;

(E) Ensure that each small community-based group's money is used in a manner that furthers the fiscal sponsor's own charitable work; and

(F) Provide financial and project guidance to each small community-based group;

(II) Performs the functions specified in subsection (2)(c)(I) of this section for an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based group received with the assistance of the fiscal sponsor.

(d) "Grant program" means the small community-based nonprofit infrastructure grant program created in subsection (3) of this section.

(e) "Regional access partner" means a nonprofit organization headquartered in Colorado that has experience in grant management, that has the ability to distribute grants statewide or in regions of the state, and that:

(I) Has a track record of providing technical assistance and grants to small community-based nonprofit organizations;

(II) States a specific focus on historically marginalized and under-resourced communities or focuses at least fifty-one percent of its programming on engaging and supporting historically marginalized and under-resourced communities; and

(III) Has a board of directors or staff consisting of at least thirty percent who are individuals from historically marginalized and under-resourced communities.

(f) "Small community-based nonprofit organization" means a small community-based charitable or social welfare organization that has been impacted or disproportionately impacted by the COVID-19 public health emergency and that:

(I) Has organizational leadership whose lived experiences in the communities they serve lead to the creation, mission, and work of the nonprofit organization;

(II) Has an annual organizational budget or projected annual organizational budget of at least one hundred fifty thousand dollars and not more than two million dollars; and

(III) Is one of the following:

(A) A tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended;

(B) A tax-exempt charitable or social welfare organization that does not operate under section 501 (c)(3) of the federal"Internal Revenue Code of 1986", as amended, and that is working with a fiscal agent; or

(C) A collaboration of small community-based groups that do not operate as nonprofit organizations and that are working with a fiscal sponsor.

(3) Small community-based nonprofit infrastructure grant program creation. (a) There is hereby created in the division the small community-based nonprofit infrastructure grant program to provide grants to eligible recipients for infrastructure and capacity building.

(b) The division shall administer the grant program as specified in subsection (4) of this section and shall contract with up to ten regional access partners to award and monitor grants as provided in this section, subject to available appropriations. A nonprofit organization must apply to the division, in a form and manner to be determined by the division, to serve as a regional access partner. Grants shall be paid from the money appropriated to the division for the grant program as provided in subsection (8) of this section. The division shall allocate the money appropriated for the grant program to the selected regional access partners for distribution to grant recipients pursuant to this section.

(4) Grant program administration. (a) The division shall engage with nonprofit organization stakeholders that have experience working with small community-based nonprofit organizations and satisfy the criteria to serve as regional access partners to develop policies and procedures to administer the grant program. At a minimum, the policies must specify:

(I) The time frames for applying, awarding, and disbursing grants;

(II) The form of the grant application; and

(III) The rubric to be used to evaluate grant applications.

(b) In developing the grant application pursuant to subsection (4)(a) of this section, the division shall ensure that each eligible recipient is required to include in its application evidence that the eligible recipient was impacted or disproportionately impacted by the COVID-19 public health emergency. Such evidence may include and need not be limited to:

(I) The percentage by which the eligible recipient's total operating expenses over program expenses has decreased since the beginning of the COVID-19 public health emergency;

(II) Evidence that the eligible recipient had to lay off staff during the COVID-19 public health emergency;

(III) Evidence that the eligible recipient had to close for a period during the COVID-19 public health emergency; or

(IV) Evidence that the eligible recipient had to access its financial reserves to pay for operating costs during the COVID-19 public health emergency.

(c) The division shall develop and implement an outreach strategy for potential eligible recipients that includes partnerships and funding for nonprofit organizations with direct community experience to partner with the division on outreach regarding the grant program. The division shall ensure that any information and materials in connection with the outreach strategy are available in at least English and Spanish.

(5) Grant recipient eligibility criteria. (a) To be an eligible recipient for a grant pursuant to this section, an organization shall be a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(b) of this section, a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(c) of this section, or a collaboration of multiple small community-based groups that satisfy the criteria specified in subsection (5)(d) of this section.

(b) A small community-based nonprofit organization that is a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, is an eligible recipient if the organization:

(I) Has a track record of providing effective, culturally appropriate, and relevant programs and services to communities who have historically been underrepresented, underserved, or underresourced in Colorado;

(II) Has a governing body and staff that consists of a majority of residents who live in the communities served by the small community-based nonprofit organization;

(III) Has a mission or history of providing services in specific communities in the state and has its main offices in one of the communities that the small community-based nonprofit organization serves;

(IV) Identifies and defines priority issue areas with input from residents of the community;

(V) Focuses the services it provides to specific areas of community-identified needs, including health equity, workforce development, community economic development, early childhood care, education support, housing, and food justice, and has the commitment to connect the communities that it serves with government agencies and programs, if available;

(VI) Solicits and implements community-led solutions from the community it serves; and

(VII) Is in good standing with the Colorado secretary of state.

(c) A small community-based nonprofit organization that is a registered nonprofit organization but that does not operate under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, is an eligible recipient if:

(I) The small community-based nonprofit organization satisfies all of the criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section; and

(II) The small community-based nonprofit organization works with a fiscal agent.

(d) A collaboration of multiple small community-based groups that are not registered nonprofit organizations are eligible recipients if:

(I) Each small community-based group in the collaboration satisfies all of the criteria specified in subsection (5)(b)(I) through (5)(b)(VI) of this section;

(II) The collaboration of multiple small community-based groups works with a fiscal sponsor; and

(III) The fiscal sponsor satisfies all of the criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section and is a small community-based nonprofit organization; except that the annual budget requirement specified in subsection (2)(f)(II) of this section does not apply to the fiscal sponsor.

(6) Purposes for which grant program money may be used. (a) Eligible recipients may use the money received through the grant program for the following infrastructure and capacity building purposes:

(I) Data technology needs including data collection and technology infrastructure;

(II) Professional development for staff and board members;

(III) Strategic planning and organizational development for capacity building, fundraising, and other services;

(IV) Communications; and

(V) Existing program expansion, development, or evaluation.

(b) Eligible recipients shall not use the money received through the grant program for the following purposes:

(I) Capital improvements. For purposes of this section, "capital improvement" does not include information technology infrastructure;

(II) Real estate or land acquisition;

(III) Payment of debt;

(IV) Advocacy or lobbying;

(V) Organizing; or

(VI) Endowments or reserves.

(7) Grant applications and awards. (a) To receive a grant, an eligible recipient must submit an application to a regional access partner in accordance with the policies and procedures developed by the division. The application must include any criteria or information determined by the division.

(b) In awarding grants pursuant to this section, a regional access partner shall ensure that:

(I) The maximum grant award to an eligible recipient does not exceed one hundred thousand dollars. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the maximum grant award to each individual small community-based group does not exceed one hundred thousand dollars.

(II) An eligible recipient's grant award does not exceed thirty percent of the recipient's annual operating budget. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the grant award to an individual small community-based group does not exceed thirty percent of that individual small community-based group's annual operating budget.

(c) Subject to available appropriations, the regional access partner must award grants for the purposes specified in this section in accordance with section 24-75-226 (4)(d).

(d) Upon a regional access partner awarding a grant to an eligible recipient pursuant to this section, the regional access partner and the eligible recipient shall enter into a contract in connection with the grant award. The regional access partner may dispense up to fifty percent of the total value of the payments under the contract to the eligible recipient immediately upon the execution of the contract.

(e) An eligible recipient that receives a grant pursuant to this section shall expend all grant money by December 30, 2026.

(8) Source of grant money. (a) For the 2022-23 state fiscal year, the general assembly shall appropriate thirty-five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the division to award grants to eligible recipients for the purposes of the grant program. Any money appropriated in the 2022-23 state fiscal year that is not encumbered or expended at the end of that state fiscal year remains available for expenditure by the division in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as specified in section 24-75-226 (4)(d).

(b) (I) The division may use up to five percent of the amount appropriated pursuant to this section for costs associated with implementing and administering the grant program.

(II) Each regional access partner selected by the division to award and monitor grants pursuant to subsection (3)(b) of this section may use up to five percent of the amount awarded to recipients for costs associated with awarding and monitoring the grants.

(9) Reporting requirement. The division and any person that receives money from the division, including a regional access partner, shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(10) Repeal. This section is repealed, effective July 1, 2027.
C.R.S. § 24-33.5-401 — CO Code / Title 24 / Article 33.5 / Part 4 / Section 24-33.5-401
24-33.5-401. Colorado bureau of investigation
Status: in_force

24-33.5-401. Colorado bureau of investigation. (1) There is hereby created as a division of the department of public safety the Colorado bureau of investigation, referred to in this part 4 as the "bureau".

(2) The Colorado bureau of investigation and the office of the director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety and the executive director.
C.R.S. § 24-60-601 — CO Code / Title 24 / Article 60 / Part 6 / Section 24-60-601
24-60-601. Compact
Status: in_force

24-60-601. Compact. The governor of the state of Colorado, for and in behalf of the state of Colorado, is hereby authorized to enter into compacts for western regional cooperation in higher education with the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming or any one or more of said states. Under such compacts, the following covenants may be agreed to:

ARTICLE I

WHEREAS, the future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

WHEREAS, many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the States have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

WHEREAS, it is believed that the Western States, or groups of such states within the Region, co-operatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof;

NOW, THEREFORE, The States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii do hereby covenant and agree as follows:

ARTICLE II

Each of the compacting states and territories pledges to each of the other compacting states and territories faithful co-operation in carrying out all the purposes of this Compact.

ARTICLE III

The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a body corporate of each compacting state and territory and an agency thereof. The Commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

ARTICLE IV

The Commission shall consist of three resident members from each compacting state or territory. At all times one Commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

The Commissioners from each state and territory shall be appointed by the Governor thereof as provided by law in such state or territory. Any Commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

The terms of each Commissioner shall be four years, provided however that the first three Commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each Commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the Governor shall appoint a Commissioner to fill the office for the remainder of the unexpired term.

ARTICLE V

Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

One or more Commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the Commission is entitled to one vote.

ARTICLE VI

The Commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this Compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The Commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the Commission.

ARTICLE VII

The Commission shall adopt a seal and by-laws and shall adopt and promulgate rules and regulations for its management and control.

The Commission may elect such committees as it deems necessary for the carrying out of its functions.

The Commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The Chairman may call such additional meetings and upon the request of a majority of the Commissioners of three or more compacting states or territories shall call additional meetings.

The Commission shall submit a budget to the Governor of each compacting state and territory at such time and for such period as may be required.

The Commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region.

On or before the fifteenth day of January of each year, the Commission shall submit to the Governors and Legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or his designated representative. The Commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The Commission shall provide for an independent annual audit.

ARTICLE VIII

It shall be the duty of the Commission to enter into such contractual agreements with any institutions in the Region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the Commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The Commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

For this purpose the Commission may enter into contractual agreements --

(a) With the governing authority of any educational institution in the Region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) With the governing authority of any educational institutions in the Region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the Region providing the desired services and facilities, upon such terms and conditions as the Commission may prescribe.

It shall be the duty of the Commission to undertake studies of needs for professional and graduate educational facilities in the Region, the resources for meeting such needs, and the long-range effects of the Compact on higher education; and from time to time prepare comprehensive reports on such research for presentation to the Western Governors' Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may confer with any national or regional planning body which may be established. The Commission shall draft and recommend to the Governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the Region.

For the purposes of this Compact the word "Region" shall be construed to mean the geographical limits of the several compacting states and territories.

ARTICLE IX

The operating costs of the Commission shall be apportioned equally among the compacting states and territories.

ARTICLE X

This Compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii have duly adopted it prior to July 1, 1953. This Compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

ARTICLE XI

This Compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and Governor of such terminating state. Any state or territory may at any time withdraw from this Compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the Governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the Commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the Commission.

ARTICLE XII

If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this Compact, all rights, privileges and benefits conferred by this Compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the Commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this Compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstated by: (a) performing all Acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the Commission.
C.R.S. § 24-33.5-1902 — CO Code / Title 24 / Article 33.5 / Part 19 / Section 24-33.5-1902
24-33.5-1902. Colorado cybersecurity council - creation - council members
Status: repealed

24-33.5-1902. Colorado cybersecurity council - creation - council members. (1) There is created in the department of public safety and within existing resources the Colorado cybersecurity council. The council operates as a steering group to develop cybersecurity policy guidance for the governor; develop comprehensive sets of prioritized goals, requirements, initiatives, and milestones; and coordinate with the general assembly and the judicial branch regarding cybersecurity as deemed necessary and appropriate by the council. In addition, the council may:

(a) Develop a whole-of-state cybersecurity approach for the state and for local goverments, including the coordination and setting of strategic statewide cybersecurity goals, roadmaps, and best practices;

(b) Review the need to conduct risk assessments of local government systems, providing additional cybersecurity services to local governments, and proposing necessary statutory or policy changes, including the determination of ownership for these capabilities;

(c) Make recommendations to the governor and general assembly on the authority and activities of the state chief information security officer with local governments by July 1, 2022.

(2) The Colorado cybersecurity council is comprised of the following members:

(a) The governor, acting as the chairperson of the council, or the governor's designee;

(b) The chief information officer of the governor's office of information technology, or the chief information officer's designee;

(c) The chief information security officer of the governor's office of information technology, or the chief information security officer's designee;

(d) The executive director of the department of public safety, or the executive director's designee;

(e) A representative of the Colorado National Guard to be appointed by the adjutant general of the department of military and veterans affairs;

(f) The adjutant general of the department of military and veterans affairs;

(g) to (k) Repealed.

(l) The state attorney general, or the attorney general's designee;

(m) The director of the public utilities commission or the director's designee;

(n) and (o) Repealed.

(p) The chair of the cybersecurity subcommittee of the homeland security and all-hazards senior advisory committee;

(q) The director of the division of homeland security and emergency management in the department of public safety, or the director's designee;

(r) Repealed.

(s) A representative of an organization that represents Colorado municipal governments;

(t) The secretary of state or the secretary's designee;

(u) Two representatives from county governments, one of whom represents a rural county; and

(v) Any other person deemed necessary and appropriate by the governor.

(3) The council does not have any direct authority over the university of Colorado at Colorado Springs.

(4) Nothing in this section shall be construed to interfere with the duties of the chief information security officer pursuant to part 4 of article 37.5 of this title.
C.R.S. § 24-33.5-524 — CO Code / Title 24 / Article 33.5 / Part 5 / Section 24-33.5-524
24-33.5-524. Trusted interoperability platform advisory committee - creation - strategic plan
Status: repealed

24-33.5-524. Trusted interoperability platform advisory committee - creation - strategic plan - repeal. (Repealed)
C.R.S. § 24-34-104 — CO Code / Title 24 / Article 34 / Part 1 / Section 24-34-104
24-34-104. General assembly review of regulatory agencies and functions for repeal, continu
Status: repealed

24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.

(b) It is the intent of the general assembly that the system set forth in this section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.

(2) (a) The divisions in the department of regulatory agencies, the boards and agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.

(b) Upon repeal, an agency continues in existence, or, in the case of the repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.

(c) As used in this section, unless the context otherwise requires, "agency" includes a division or board within an agency that is subject to review pursuant to this section.

(3) If the state constitution imposes powers, duties, or functions on an agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.

(4) The existence of a newly created agency or function in the department of regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).

(5) (a) The department of regulatory agencies shall analyze and evaluate the performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.

(b) The department of regulatory agencies shall submit its report to the office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).

(c) This subsection (5) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.

(6) (a) Before the repeal, continuation, or reestablishment of an agency or function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.

(b) In the hearings, the determination as to whether an agency has demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:

(I) Whether regulation or program administration by the agency is necessary to protect the public health, safety, and welfare;

(II) Whether the conditions that led to the initial creation of the program have changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;

(III) If the program is necessary, whether the existing statutes and regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;

(IV) If the program is necessary, whether agency rules enhance the public interest and are within the scope of legislative intent;

(V) Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(VI) Whether an analysis of agency operations indicates that the agency or the agency's board or commission performs its statutory duties efficiently and effectively;

(VII) Whether the composition of the agency's board or commission adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VIII) Whether regulatory oversight can be achieved through a director model;

(IX) The economic impact of the program and, if national economic information is not available, whether the agency stimulates or restricts competition;

(X) If reviewing a regulatory program, whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;

(XI) If reviewing a regulatory program, whether the scope of practice of the regulated occupation contributes to the optimum use of personnel;

(XII) Whether entry requirements encourage equity, diversity, and inclusivity;

(XIII) If reviewing a regulatory program, whether the agency, through its licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(XIV) Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest.

(c) A legislative committee of reference that conducts a review pursuant to paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.

(d) (I) If a legislative committee of reference recommends a bill for consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:

(A) To one or more of the members of the committee of reference; or

(B) To one or more of the members of the general assembly who are not members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.

(II) A member of the general assembly may not sponsor more than two bills introduced pursuant to this subsection (6) in a single legislative session.

(III) After consulting with the minority leader of the house of representatives and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:

(A) The speaker of the house of representatives shall assign the proposed bill to a representative for sponsorship in the house of representatives in odd-numbered years; and

(B) The president of the senate shall assign the proposed bill to a senator for sponsorship in the senate in even-numbered years.

(e) A bill recommended for consideration by a committee of reference pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.

(f) Before the repeal, continuation, reestablishment, or revision of an agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).

(7) (a) Pursuant to the process established in this section, a committee of reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.

(b) This section shall not cause the dismissal of a claim or right of a person through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.

(c) This section does not affect the general assembly's authority to otherwise consider legislation affecting a division, board, agency, or similar body.

(8) If an agency or function repeals pursuant to the provisions of this section and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.

(9) The purpose of this section is to provide a listing of the divisions, boards, agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.

(10) to (23) Repealed.

(24) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2023:

(I) to (XIII) Repealed.

(b) This subsection (24) is repealed, effective September 1, 2025.

(25) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024:

(I) to (VI) Repealed.

(VII) The evidential breath-testing cash fund created in section 42-4-1301.1 (9);

(VIII) to (XII) Repealed.

(XIII) (Deleted by amendment, L. 2024).

(XIV) to (XX) Repealed.

(XXI) The harm reduction grant program created in section 25-20.5-1101.

(XXII) Repealed.

(b) This subsection (25) is repealed, effective September 1, 2026.

(26) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:

(I) The Colorado dental board created in article 220 of title 12;

(II) The accreditation of health-care providers under the workers' compensation system in accordance with section 8-42-101 (3.5) and (3.6), C.R.S.;

(III) The regulation of outfitters by the director of the division of professions and occupations in accordance with article 145 of title 12;

(IV) The rural alcohol and substance abuse prevention and treatment program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;

(V) The identity theft and financial fraud board created in part 17 of article 33.5 of this title;

(VI) The Colorado fraud investigators unit created in part 17 of article 33.5 of this title;

(VII) The functions of the department of public health and environment regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25, C.R.S.;

(VIII) The primary care payment reform collaborative established in section 10-16-150;

(IX) The HOA information and resource center created in section 12-10-801;

(X) Reserved.

(XI) The licensing and regulation of persons by the department of agriculture in accordance with article 36 of title 35;

(XII) The motorcycle operator safety training program created in part 5 of article 5 of title 43.

(XIII) Repealed.

(b) This subsection (26) is repealed, effective September 1, 2027.

(27) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2026:

(I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;

(II) The division of securities created in section 11-51-701, C.R.S.;

(III) The securities board created in section 11-51-702.5, C.R.S.;

(IV) The registration and regulation of vessels by the department of natural resources in accordance with article 13 of title 33, C.R.S.;

(V) The office of combative sports, including the Colorado combative sports commission, created in article 110 of title 12;

(VI) The division of real estate, including the real estate commission, created in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;

(VII) The regulation of professional cash-bail agents and cash-bonding agents in accordance with article 23 of title 10;

(VIII) The Colorado podiatry board created in article 290 of title 12;

(IX) The biomass utilization grant program implemented by the state forest service pursuant to section 23-31-317;

(X) The cold case task force created in section 24-33.5-109;

(XI) The record-keeping, licensing, and central registry functions of the behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;

(XII) The licensing of pet animal facilities by the commissioner of agriculture in accordance with article 80 of title 35;

(XIII) The fire suppression programs of the division of fire prevention and control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;

(XIV) The Colorado medical board created in article 240 of title 12;

(XV) The regulation of dialysis treatment clinics and hemodialysis technicians in accordance with section 25-1.5-108;

(XVI) The Colorado public utilities commission created in article 2 of title 40;

(XVII) The legal requirements pertaining to home warranty service contracts under part 9 of article 10 of title 12.

(XVIII) and (XIX) Repealed.

(b) This subsection (27) is repealed, effective September 1, 2028.

(28) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2027:

(I) The regulation of motor vehicle and powersports vehicle sales by the motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;

(II) The Colorado civil rights division, including the Colorado civil rights commission, created in part 3 of this article 34;

(III) The state board of nursing created in article 255 of title 12;

(IV) The state board of nursing created in article 255 of title 12 and the functions of the board, including the functions related to the certification of nurse aides;

(V) The regulation of radon professionals licensed in accordance with article 165 of title 12;

(VI) The justice reinvestment crime prevention initiative created in section 24-32-120;

(VII) The use of digital number plates by the owner of a registered vehicle pursuant to section 42-3-201 (8);

(VIII) The domestic violence offender management board created in section 16-11.8-103;

(IX) The certification of persons in connection with the control of asbestos in accordance with part 5 of article 7 of title 25;

(X) The wildfire mitigation incentives for local government grant program created in section 23-31-318 (2).

(b) This subsection (28) is repealed, effective September 1, 2029.

(29) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2028:

(I) The licensing of landscape architects in accordance with article 130 of title 12;

(II) The administration of the "Colorado Fair Debt Collection Practices Act" by the administrator of the "Uniform Consumer Credit Code", articles 1 to 9 of title 5, in accordance with article 16 of title 5;

(III) The issuance of licenses and certificates related to measurement standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;

(IV) The functions of the underground damage prevention safety commission related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;

(V) The functions of the commissioner of agriculture related to seed potatoes under article 27.3 of title 35;

(VI) In-home support services established in part 12 of article 6 of title 25.5;

(VII) The licensing of river outfitters through the parks and wildlife commission and the division of parks and wildlife in accordance with article 32 of title 33;

(VIII) The functions of the department of public health and environment relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;

(IX) The medical marijuana program created in section 25-1.5-106;

(X) and (XI) Repealed.

(XII) The "Colorado Marijuana Code", article 10 of title 44;

(XIII) The administration of the "Michael Skolnik Medical Transparency Act of 2010" by the director of the division of professions and occupations in accordance with section 12-30-102;

(XIV) The registration of surgical assistants and surgical technologists pursuant to article 310 of title 12;

(XV) The registration of direct-entry midwives by the division of professions and occupations in accordance with article 225 of title 12;

(XVI) Notwithstanding subsection (7)(a) of this section, the office of the utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;

(XVII) The community crime victims grant program created in section 25-20.5-801;

(XVIII) The grant program to provide funding to eligible community-based organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);

(XIX) The regulation of nursing home administrators by the board of examiners of nursing home administrators in accordance with article 265 of title 12;

(XX) The sex offender management board created in section 16-11.7-103.

(b) This subsection (29) is repealed, effective September 1, 2030.

(30) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2029:

(I) The automobile theft prevention authority and the automobile theft prevention board created in section 42-5-112;

(II) The licensing of mortgage loan originators and the registration of mortgage companies in accordance with part 7 of article 10 of title 12;

(III) The regulation of persons working in coal mines by the department of natural resources through the coal mine board of examiners in accordance with article 22 of title 34;

(IV) The Colorado state board of chiropractic examiners created in article 215 of title 12;

(V) The registration of naturopathic doctors in accordance with article 250 of title 12;

(VI) Notwithstanding subsection (7)(a) of this section, the functions of the boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;

(VII) The regulation of preneed funeral contracts in accordance with article 15 of title 10;

(VIII) The direct care workforce stabilization board created in article 7.5 of title 8;

(IX) The assistance program for disability benefits under article 88 of title 8;

(X) The functions of the director of the division of professions and occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.

(b) This subsection (30) is repealed, effective September 1, 2031.

(31) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2030:

(I) The functions of the division of insurance in the department of regulatory agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;

(II) The state board of accountancy created in article 100 of title 12;

(III) The passenger tramway safety board created in section 12-150-104;

(IV) The functions of professional review committees specified in article 30 of title 12;

(V) The licensing of occupational therapists and occupational therapy assistants in accordance with article 270 of title 12;

(VI) The state board of pharmacy and the regulation of the practice of pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;

(VII) The functions of the circular economy development center created in section 25-17-602;

(VIII) Human trafficking prevention training pursuant to section 24-33.5-523;

(IX) The veterans one-stop center, known as the "western region one source", established pursuant to section 28-5-713;

(X) The Colorado produced water consortium created in section 34-60-135 (2)(a);

(XI) The functions of the banking board and the state bank commissioner related to money transmitters specified in article 110 of title 11;

(XII) The functions of the broadband office in administering the broadband deployment grant program created in section 24-37.5-905;

(XIII) The regulation of towing carriers by the public utilities commission under part 4 of article 10.1 of title 40.

(b) This subsection (31) is repealed, effective September 1, 2032.

(32) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:

(I) The registration functions of the commissioner of agriculture specified in article 27 of title 35;

(II) The licensing of egg dealers in accordance with article 21 of title 35;

(III) The water and wastewater facility operators certification board created in section 25-9-103;

(IV) The licensing of hearing aid providers by the division of professions and occupations in accordance with article 230 of title 12;

(V) The licensing of audiologists by the division of professions and occupations in accordance with article 210 of title 12;

(VI) The regulation of athletic trainers by the director of the division of professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;

(VII) The licensure of massage therapists by the director of the division of professions and occupations in accordance with article 235 of title 12;

(VIII) The board of real estate appraisers created in part 6 of article 10 of title 12;

(IX) The regulation of conveyances and conveyance mechanics, contractors, and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;

(X) The Colorado prescription drug affordability review board created in section 10-16-1402;

(XI) The rule-making function of the executive director of the department of early childhood pursuant to section 26.5-1-105 (1);

(XII) The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26;

(XIII) The regulation of mortuary science professionals pursuant to parts 1, 4, and 5 to 9 of article 135 of title 12;

(XIV) The veterans assistance grant program created in section 28-5-712;

(XV) The licensing of bingo and other games of chance through the secretary of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.

(b) This subsection (32) is repealed, effective September 1, 2033.

(33) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2032:

(I) The state electrical board created in article 23 of title 12;

(II) The workers' compensation classification appeals board created in article 55 of title 8;

(III) The responsible gaming grant program created in section 44-30-1702;

(IV) The regulation of the custom processing of meat animals by the department of agriculture in accordance with article 33 of title 35;

(V) The division of racing events, including the Colorado racing commission, created in article 32 of title 44;

(VI) The appointment of notaries public through the secretary of state in accordance with part 5 of article 21 of this title 24;

(VII) The "Natural Medicine Health Act of 2022", article 170 of title 12;

(VIII) The "Colorado Natural Medicine Code", article 50 of title 44;

(IX) The state plumbing board created in article 155 of title 12.

(b) This subsection (33) is repealed, effective September 1, 2034.

(34) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2033:

(I) The issuance of permits for specific weather modification operations through the executive director of the department of natural resources in accordance with article 20 of title 36;

(II) The authority of the director of the division of workers' compensation to impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;

(III) The regulation of speech-language pathologists by the director of the division of professions and occupations in accordance with article 305 of title 12;

(IV) The licensing of persons who practice acupuncture by the director of the division of professions and occupations in accordance with article 200 of title 12;

(V) The state board of veterinary medicine created in article 315 of title 12;

(VI) The state board of optometry created in article 275 of title 12;

(VII) The division of gaming created in part 2 of article 30 of title 44;

(VIII) The closed landfill remediation grant program and the closed landfill remediation grant program advisory committee created in section 30-20-124;

(IX) The regulation of nontransplant tissue banks by the director of the division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;

(X) The state board of licensure for architects, professional engineers, and professional land surveyors in the department of regulatory agencies created in section 12-120-103;

(XI) The division of financial services created in article 44 of title 11;

(XII) The division of banking and the banking board created in article 102 of title 11;

(XIII) The behavioral health first aid training program created in section 25-1.5-113.5.

(b) This subsection (34) is repealed, effective September 1, 2035.

(35) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2034:

(I) The regulation of produce safety on farms by the commissioner of agriculture in accordance with article 77 of title 35;

(II) The licensing and regulation of psychiatric technicians by the state board of nursing in accordance with article 295 of title 12;

(III) The licensing of public livestock markets in accordance with article 55 of title 35;

(IV) The air quality enterprise created by section 25-7-103.5;

(V) The regulation of the application of pesticides by the commissioner of agriculture in accordance with article 10 of title 35.

(b) This subsection (35) is repealed, effective September 1, 2036.

(36) (a) The following agencies, functions, or both are scheduled for repeal on September 1, 2035:

(I) The licensing and regulation of respiratory therapists by the division of professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;

(II) The functions specified in part 2 of article 19 of title 5 of the administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;

(III) The regulation of private occupational schools and their agents under article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;

(IV) The licensing of physical therapists by the physical therapy board in accordance with part 1 of article 285 of title 12;

(V) The certification of physical therapist assistants by the physical therapy board in accordance with part 2 of article 285 of title 12;

(VI) The underfunded courthouse facility cash fund commission created in part 3 of article 1 of title 13.

(b) This subsection (36) is repealed, effective September 1, 2037.

(37) (Reserved).

(38) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2037:

(I) The Colorado resiliency office created in section 24-32-121 and the functions of the office described in section 24-32-122.

(b) This subsection (38) is repealed, effective September 1, 2039.
C.R.S. § 24-54.6-102 — CO Code / Title 24 / Article 54.6 / Section 24-54.6-102
24-54.6-102. Definitions
Status: in_force

24-54.6-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Association" means the public employees' retirement association established pursuant to section 24-51-201.

(2) "Department" means the department of higher education.

(3) "Eligible student employee" means:

(a) Any student employee of a governing board, state college or university, or affiliated agency of a state college or university, or the Auraria higher education center who is exempt from the state personnel system under section 13 (2) of article XII of the Colorado constitution as a student and who is required by federal law to be covered by a retirement plan; and

(b) Any student employee of a local district college who is required by federal law to be covered by a retirement plan.

(4) "Governing board" means any governing board of a state college or university.

(5) "State college or university" means any postsecondary educational institution, including local district colleges, established and existing pursuant to title 23, C.R.S., as an agency of the state of Colorado and supported wholly or in part by tax revenues and includes the Auraria higher education center. For purposes of this subsection (5), "local district college" shall include Aims community college, Colorado mountain college, northeastern junior college, and Colorado Northwestern community college.

(6) "Student employee retirement plan" or "plan" means any benefit plan established pursuant to the provisions of this article for the benefit of eligible student employees.
C.R.S. § 24-38.5-119 — CO Code / Title 24 / Article 38.5 / Part 1 / Section 24-38.5-119
24-38.5-119. Streamlined solar permitting and inspection grant program - creation - eligibili
Status: repealed

24-38.5-119. Streamlined solar permitting and inspection grant program - creation - eligibility - fund created - gifts, grants, or donations - reporting - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:

(a) The state's goal that one hundred percent of its energy be generated by renewable sources by 2040 requires the addition of approximately ten gigawatts of renewable energy sources;

(b) New residential solar projects help provide the new renewable sources required for the state to meet its renewable energy goal;

(c) Currently, the permitting and inspection of new residential solar projects is inefficient and is estimated to add one dollar per watt to the cost of a project, with an average added cost of seven thousand dollars per project;

(d) Free automated permitting and inspection software is available to permitting and inspection entities and, when implemented, decreases costs and expedites the permitting and inspection of a new residential solar project by approximately twelve days;

(e) Free automated permitting and inspection software requires technical time and expertise to implement, which can be cost prohibitive and keeps the permitting and inspection software from being used and implemented;

(f) Many local governments are not implementing free automated permitting and inspection software due to a lack of technical resources; and

(g) It is therefore necessary for the general assembly to provide grants for technical support to permitting and inspection entities that will help them implement automated permitting and inspection software that will decrease the time needed to permit and inspect residential solar power systems.

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

(a) "Authority having jurisdiction" means the local entity with authority to approve building permits and inspections necessary for the operation of electric power systems.

(b) "Automated permitting and inspection software" means a web-based portal that implements automated plan review, verifies local code compliance, and issues permits for electric power systems that is developed by a national organization focused on clean energy research, development, and deployment in collaboration with building and safety industry experts.

(c) "Electric power system" means a residential energy storage system or a residential solar energy system.

(d) "Fund" means the streamlined solar permitting and inspection cash fund created in subsection (7) of this section.

(e) "Grant program" means the streamlined solar permitting and inspection grant program created in subsection (3) of this section.

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

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

(h) "Population" means the population of a city, city and county, or the unincorporated portion of a county, as determined by the most current census data.

(i) "Residential energy storage system" means a device installed behind a customer's residential utility meter that is capable of absorbing electricity generated from a co-located electricity generator or from the electrical grid and that stores energy delivered by the electricity generator or electrical grid and discharges the energy to the customer or for export.

(j) "Residential solar energy system" means a configuration of solar energy devices that collect and distribute solar energy for the purpose of generating electricity and that has a single residential interconnection with the electric utility transmission or distribution network.

(3) The grant program is created to allow an authority having jurisdiction to apply to the office for a grant to help provide implementation support to the authority having jurisdiction for implementation of automated permitting software. In administering the grant program, the office shall:

(a) Establish an application process for an authority having jurisdiction to apply for a grant to help provide technical support for the implementation of automated permitting software;

(b) Develop procedures to award a grant to an authority having jurisdiction for expenses expected to be incurred in adopting automated permitting software, including necessary expenses for staff time, information technology, training, installation, third-party consulting, ongoing maintenance for up to three years, and hardware or equipment;

(c) Not award money to an authority having jurisdiction for expected costs associated with software other than automated permitting software, activities occurring before being awarded grant program money or more than one hundred eighty days after receiving grant program money, food and beverage costs, fines, penalties, advertising, or permit processing fees including fees charged by the operator of automated permitting software;

(d) Determine how an authority having jurisdiction must demonstrate the expected costs of implementation of the automated permitting software;

(e) Establish periodic reporting requirements for a grantee to demonstrate that the money awarded is being used as authorized by this section;

(f) Encourage the grantee to implement automated permitting and inspection software within one hundred eighty days of the award;

(g) Require an authority having jurisdiction to submit a written copy of the building department's contemporaneous review procedure as specified in section 12-115-120 (10)(b)(II) and an affirmation from the building department that they are complying with their procedure;

(h) Begin approving and allocating money to grantees no later than June 30, 2024; and

(i) Award grants to authorities having jurisdiction according to the terms of this section based on population as follows:

(I) An authority having jurisdiction with a population of less than fifty thousand may receive a grant that is no more than forty thousand dollars;

(II) An authority having jurisdiction with a population of fifty thousand or more and less than one hundred thousand may receive a grant that is no more than sixty thousand dollars;

(III) An authority having jurisdiction with a population of one hundred thousand or more and less than two hundred thousand may receive a grant that is no more than eighty thousand dollars; and

(IV) An authority having jurisdiction with a population of two hundred thousand or more may receive a grant that is no more than one hundred thousand dollars.

(4) The office may use up to nine percent of the money in the fund to cover the direct and indirect costs that the office incurs in administering the grant program.

(5) In addition to the reporting requirements established pursuant to subsection (3)(e) of this section, one year after receipt of a grant, the grantee shall report to the office automated permitting software and permitting statistics including, for each reporting period, the number of permits issued, permitted solar power system capacity, and the characteristics of each permitted electric power system. The grantee is encouraged to voluntarily report this same information annually thereafter for a period of four years.

(6) (a) On or before January 1, 2025, and on or before January 1 of each year thereafter, the office shall prepare a report summarizing the progress of the grant program and submit the report to the house of representatives energy and environment committee, the senate transportation committee, and the joint budget committee, or their successor committees. The office shall post a copy of the report on its website.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the office's reporting requirements set forth in subsection (6)(a) of this section continue until the grant program repeals pursuant to subsection (8) of this section or until five years after the last grant is awarded, whichever comes first.

(7) (a) (I) The streamlined solar permitting and inspection cash fund is created in the state treasury, and the office shall administer the fund for the purposes of this section. The fund consists of any money that the general assembly may transfer or appropriate to the fund for implementation of the grant program and any federal money or gifts, grants, or donations received pursuant to subsection (7)(a)(II) of this section.

(II) For purposes of this section, the office may seek, accept, and expend:

(A) Money from federal sources; and

(B) Gifts, grants, or donations from public or private sources.

(III) The office shall transmit any money received pursuant to subsection (7)(a)(II) of this section to the state treasurer, who shall credit the money to the fund.

(b) The money in the fund is annually appropriated by the general assembly to the office for the purposes set forth in this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year remains in the fund; except that the state treasurer shall transfer any money remaining in the fund at the end of the 2027-28 state fiscal year to the general fund.

(8) This section is repealed, effective July 1, 2033.