C.R.S. § 25-10-104 — CO Code / Title 25 / Article 10 / Section 25-10-104
25-10-104. Regulation of on-site wastewater treatment systems - state and local rules
Status: in_force

25-10-104. Regulation of on-site wastewater treatment systems - state and local rules. (1) The division shall develop, and recommend to the commission for adoption, rules setting forth minimum standards for the location, design, construction, performance, installation, alteration, and use of on-site wastewater treatment systems within Colorado. The commission may establish criteria for issuing variances in the rules.

(2) Every local board of health in the state shall develop and adopt detailed rules for on-site wastewater treatment systems within its area of jurisdiction. The rules must comply with the rules adopted by the commission pursuant to subsection (1) of this section and with sections 25-10-105 and 25-10-106. Before finally adopting such rules or any amendment to the rules, the local board of health shall hold a public hearing on the proposed rules or amendments. The local board of health shall give notice of the time and place of the hearing at least once, at least twenty days before the hearing, in a newspaper of general circulation within its area of jurisdiction. After the public hearing and before final adoption, the local board of health may make changes or revisions to the proposed rules or amendments, and no further public hearing is required regarding the changes or revisions. All rules and amendments must be transmitted to the department no later than five days after final adoption and become effective forty-five days after final adoption unless the department notifies the local board of health before the forty-fifth day that the rules or amendments are not in compliance with this section or section 25-10-105 or 25-10-106.

(3) If a local board of health has not adopted rules in compliance with this section and submitted them to the commission, the commission shall promulgate rules for the areas of the state for which no complying rules have been adopted, except for areas serviced exclusively by a sewage treatment works. Rules for such areas of the state promulgated by the commission must comply with the rules adopted under subsection (1) of this section and sections 25-10-105 and 25-10-106. The rules must be the same for all the areas of the state for which the commission promulgates such rules, except as may be appropriate to provide for differing geologic conditions.

(4) A local board of health may adopt rules after action by the commission under subsection (3) of this section, if the rules comply with the procedural requirements of subsection (2) of this section and are no less stringent than those promulgated by the commission. Rules of the local board so adopted become effective only after they are transmitted to the division and the division determines that they comply with this section and sections 25-10-105 and 25-10-106.

(5) In promulgating rules under this article, the commission and local boards of health shall give consideration to the protection of public health and water quality.
C.R.S. § 25-3-103 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-103
25-3-103. License denial or revocation - provisional license - rules
Status: in_force

25-3-103. License denial or revocation - provisional license - rules. (1) (a) The department of public health and environment may deny an application for a new or renewal license under this part 1 or revoke a license if the applicant or licensee has not satisfied the requirements of this part 1 or part 6 of this article and the rules of the department or the state board of health. If a license is denied or revoked, the department may grant the applicant or licensee a provisional license upon payment of a fee established by the state board of health by rule, subject to the limitations in paragraph (c) of this subsection (1). The provisional license is valid for no longer than ninety days and may be issued to allow the applicant or licensee time to comply with the requirements for a regular license. A second provisional license may be issued if the department determines it is necessary to effect compliance. The second provisional license must be issued for the same duration as the first provisional license upon payment of the fee established by the state board of health by rule, subject to the limitations in paragraph (c) of this subsection (1). No further provisional licenses may be issued for the then current year after the second issuance.

(b) The state board of health by rule or as otherwise provided by law may reduce the amount of the fee established pursuant to paragraph (a) of this subsection (1) if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state board of health by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(c) On or after June 4, 2012, the state board of health may increase the amount of a provisional license fee established pursuant to subsection (1)(a) of this section that is in effect on June 4, 2012, by an amount not to exceed the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers and all goods, or its applicable predecessor or successor index. Nothing in this subsection (1)(c) limits the ability of the state board of health to reduce the amount of a provisional license fee in effect on such date or to modify fees in accordance with subsection (1)(b) of this section as necessary to comply with section 24-75-402.

(2) Upon a finding of reasonable compliance by an applicant holding a provisional license, a regular license shall be issued upon receipt of the regular license fee established pursuant to section 25-3-105.

(3) No denial of a renewal license shall be lawful unless, before institution of such proceedings by the department of public health and environment, said department has given the licensee notice in writing of facts on conduct that may warrant denial, has afforded the applicant opportunity to submit written data, views, and arguments with respect to such facts on conduct, and, except in cases of deliberate and willful violation, has given the applicant a reasonable opportunity to comply with all lawful requirements for licensure.

(4) No application for renewal of a license shall be denied by the department of public health and environment, and no previously issued license shall be revoked, suspended, annulled, limited, or modified until after a hearing as provided in section 24-4-105, C.R.S.

(5) The department of public health and environment may suspend or revoke the license for the operation of a nursing care facility or intermediate care facility of any licensee convicted of violating any provision of section 26-1-127 or section 25.5-6-206 (8), C.R.S., if the department finds such suspension or revocation necessary to safeguard the rights of patients in the future. No license or permit shall thereafter be issued to any person so convicted, except upon a specific finding by the department that the rights of the patients will have adequate safeguards.
C.R.S. § 25-4-1314 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1314
25-4-1314. Limitation
Status: in_force

25-4-1314. Limitation. The provisions of this part 13 shall be expressly limited to retail food store outlets.
C.R.S. § 25-3-604 — CO Code / Title 25 / Article 3 / Part 6 / Section 25-3-604
25-3-604. Privacy
Status: in_force

25-3-604. Privacy. Compliance with this part 6 shall not violate a patient's right to confidentiality. A patient's social security number and any other information that could be used to identify a patient shall not be released, notwithstanding any other provision of law.
C.R.S. § 25-11-104 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-104
25-11-104. Rules to be adopted - fees - fund created - definitions
Status: repealed

25-11-104. Rules to be adopted - fees - fund created - definitions. (1) (a) The state board shall formulate, adopt, and promulgate rules as provided in subsection (2) of this section that cover subject matter relative to radiation machines and radioactive materials, including naturally occurring radioactive materials and other sources of radiation. The subject matter of the rules must include: Licenses and registration; records; permissible levels of exposure; notification and reports of accidents; technical qualifications of personnel; technical qualifications of mammographers; handling, transportation, and storage; waste disposal; posting and labeling of hazardous sources and areas; surveys; monitoring; security of materials; and financial assurance warranties.

(b) (I) Subject to the department providing its report and summary to the senate committee on health and human services and the house of representatives committee on health, insurance, and environment or their successor committees pursuant to subsection (1)(b)(V) of this section, the state board shall, by December 31, 2020, adopt rules concerning the disposal of naturally occurring radioactive materials.

(II) to (VII) Repealed.

(c) Notwithstanding any provision of section 25-11-103 (7)(h), it is not necessary that a governmental entity own any site that is used for the concentration, storage, or disposal of radioactive material if the owner of the site complies with rules promulgated by the board in accordance with this section. The rules must ensure the long-term protection of the public health and safety and may include financial assurance warranties pursuant to this part 1, deed annotations and restrictions, easement provisions, restrictive covenants, and adequate markers to warn of the presence of radioactive materials.

(2) Rules promulgated under this section must be consistent with United States nuclear regulatory commission requirements necessary to maintain agreement state status and final regulations proposed by the Conference of Radiation Control Program Directors, Inc., or its successor, under the title, "Suggested State Regulations for Control of Radiation"; except that, if the state board concludes on the basis of detailed findings that a substantial deviation from any of the suggested state regulations is warranted and that a substitute rule or no rule would effectively permit maximum utilization of sources of radiation consistent with the health and safety of all persons who might otherwise become exposed to the radiation, the state board need not maintain the suggested state regulation or may promulgate a substitute rule as the case may be.

(2.5) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, § 4, effective May 26, 2010.)

(3) The rules adopted pursuant to this part 1 shall never be construed to limit the kind or amount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a duly licensed practitioner of the healing arts.

(4) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, § 4, effective May 26, 2010.)

(5) In adopting, amending, or repealing rules under this section, the board shall comply with article 4 of title 24, C.R.S.

(6) (a) The state board shall promulgate a fee schedule, in accordance with section 24-4-103, C.R.S., for radiation control services provided by the department. Radiation control services for which fees may be established include application processing for qualified inspectors, qualified experts, and service companies as defined by the state board, which fees shall be paid by the applicants or service companies; issuance of categories of specific licenses to accord with categories established by the nuclear regulatory commission and which shall include licenses for special nuclear material, source material, byproduct material, well logging and surveys and tracer studies, and for human use; and inspections of licensees as authorized by section 25-11-103 (6). Licenses and fees shall, where appropriate, be in accordance with policies and priorities of the nuclear regulatory commission.

(b) The state board shall set fees that provide sufficient revenues to reimburse the state for the actual direct and indirect costs of the radiation control services specified in paragraph (a) of this subsection (6). In so doing, the state board shall take into account any special arrangements between the state and the licensee, another state, or a federal agency whereby the cost of the service is otherwise recovered.

(c) All fees collected pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the radiation control fund, which fund is hereby created. Moneys credited to the radiation control fund, in amounts determined annually by the general assembly by appropriation, shall be expended for radiation control services as provided in this subsection (6).

(7) The state board shall promulgate rules as necessary to implement section 25-11-107 (5).

(8) (a) The state board shall adopt rules requiring that all machine sources of radiation be inspected and certified by qualified inspectors as safe for the intended uses consistent with 42 U.S.C. sec. 263b and in compliance with the specifications of the state board and the equipment manufacturer. Rules shall include minimum specifications for radiation machines, minimum standards for the qualifications of individuals authorized to inspect and certify radiation machines, and procedures for inspection of radiation machines. If a qualified inspector determines that a radiation machine fails to meet the required specifications, the inspector shall notify the owner or operator immediately and shall notify the department within three days after the determination. A radiation machine that fails to meet the required specifications and is determined by a qualified inspector to be unsafe for human use shall not thereafter be used for human use until subsequent certification, and the qualified inspector shall affix an official noncertification sticker issued by the department indicating that the machine is not authorized for human use. A certification or noncertification sticker shall be affixed on each radiation machine in a location conspicuous to machine operators and to persons on whom the machine is used.

(a.5) and (b) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, § 4, effective May 26, 2010.)

(c) In establishing or revising specifications for each type of machine that is a source of radiation, the standards for approval of qualified inspectors, and the procedures for making inspections, the department shall consult with manufacturers of radiation equipment, health-care providers and operators who use the equipment in diagnostic and therapeutic treatment of humans, and qualified inspectors and individuals.

(d) The general assembly hereby finds that the setting of minimum specifications for radiation machines and the establishment of minimum standards for qualified inspectors of those machines are matters of statewide concern. Therefore, no other state agency, political subdivision, or local government shall establish any other specifications for radiation machines or standards for radiation machine inspectors, or impose any fees therefor.
C.R.S. § 25-1.5-204 — CO Code / Title 25 / Article 1.5 / Part 2 / Section 25-1.5-204
25-1.5-204. Inspection for violations of minimum general sanitary standards relating to qual
Status: in_force

25-1.5-204. Inspection for violations of minimum general sanitary standards relating to quality of drinking water. (1) Upon presentation of proper credentials, authorized inspectors of the department may enter and inspect, at any reasonable time and in a reasonable manner, any property, premises, or place for the purpose of investigating any actual, suspected, or potential violations of minimum general sanitary standards adopted pursuant to section 25-1.5-202. Samples of drinking water may be obtained by such inspectors, and a portion of any samples to be used as evidence in an enforcement action shall be left with the owner, operator, or person in charge of the premises. A copy of the results of any analysis of such sample shall be furnished promptly to the owner, operator, or person in charge.

(2) If such entry or inspection is denied or not consented to, the department is empowered to and shall obtain, from the district or county court for the judicial district or county in which such property, premises, or place is located, a warrant to enter and inspect said property, premises, or place. The said district and county courts of the state are empowered to issue such warrants upon a proper showing of the need for such entry and inspection, and a copy of any inspection report shall be provided the court within a reasonable time after making the inspection.
C.R.S. § 25-5.5-109 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-109
25-5.5-109. Brands and marks - defacement
Status: in_force

25-5.5-109. Brands and marks - defacement. (1) Any person engaged in the transportation or manufacture of any dairy product or ice cream or in bottling milk and cream for sale and use may adopt a brand or mark of ownership to be stamped or marked on any can, bottle, or other receptacle used in the handling and transportation of any of said products and may file in the office of the secretary of state a description of the brand or mark so used by them and the use to be made of any such can, bottle, or other receptacle. The brand or mark so selected and adopted may consist of a name, design, or mark or some particular color of paint or enamel used upon the can, bottle, or other receptacle or any part thereof.

(2) It is unlawful for any person to adopt or use any brand or mark which has already been designed, appropriated, or obtained under the provisions of this section. It is unlawful for any person, other than the rightful owner thereof, to use any can, bottle, or other receptacle marked or branded for any purpose or for the transportation or handling of any other article or dairy product than the one designed or provided for by such brand or mark. It is unlawful for any person, other than the rightful owner thereof, to deface or remove any such brand or mark put upon any such can, bottle, or other receptacle.

(3) To prevent the use of said cans, bottles, or other receptacles for any purpose other than those provided for in this part 1 and to insure the wholesomeness and high quality of the dairy products and the sanitary conditions of the receptacles in which the same are transported, it is the duty of the department to enforce the provisions of this section.
C.R.S. § 25-7-138 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-138
25-7-138. Housed commercial swine feeding operations - waste impoundments - odor emissions
Status: in_force

25-7-138. Housed commercial swine feeding operations - waste impoundments - odor emissions - fund created. (1) All new or expanded anaerobic process wastewater vessels and impoundments, including, but not limited to, treatment or storage lagoons, constructed or under construction for use in connection with a housed commercial swine feeding operation as defined in section 25-8-501.1 (2)(b) shall be covered, or operated with technologies or practices that are as effective as covers at minimizing odor from the operation, to capture, recover, incinerate, or otherwise manage odorous gases to minimize, to the greatest extent practicable, the emission of such gases into the atmosphere. The housed commercial swine feeding operation shall submit to the department of public health and environment information sufficient to demonstrate that the technologies and practices used are as effective as covers at minimizing odor from the operation. The housed commercial swine feeding operation shall manage odor emissions such that odor emissions from the operation shall not be detected at or beyond the property boundary after the odorous air has been diluted with seven volumes of odor-free air. The housed commercial swine feeding operation shall manage odor emissions such that odor emissions from the operation shall not be detected at any off-site receptor after the odorous air has been diluted with two volumes of odor-free air. For purposes of this section, "receptor" means any occupied dwelling used as a primary dwelling or its curtilage, a public or private school, or a place of business. As used in this section, "anaerobic" means a waste treatment method that, in whole or in part, does not utilize air or oxygen. All new aerobic impoundments shall employ technologies to ensure maintenance of aerobic conditions or otherwise to minimize the emission of odorous gases to the greatest extent practicable. As used in this section, "aerobic" means a waste treatment method that utilizes air or oxygen.

(2) All existing anaerobic process wastewater vessels and impoundments, including, but not limited to, aeration tanks and treatment or storage lagoons, owned or operated for use in connection with a housed commercial swine feeding operation as defined in section 25-8-501.1 (2)(b) shall be covered, or operated with technologies or practices that are as effective as covers at minimizing odor from the operation, to capture, recover, incinerate, or otherwise manage odorous gases to minimize, to the greatest extent practicable, the emission of such gases into the atmosphere. The housed commercial swine feeding operation shall submit to the department of public health and environment information sufficient to demonstrate that the technologies and practices used are as effective as covers at minimizing odor from the operation. The housed commercial swine feeding operation shall manage odor emissions such that odor emissions from the operation shall not be detected at or beyond the property boundary after the odorous air has been diluted with seven volumes of odor-free air. The housed commercial swine feeding operation shall manage odor emissions such that odor emissions from the operation shall not be detected at any off-site receptor after the odorous air has been diluted with two volumes of odor-free air. For purposes of this section, "receptor" means any occupied dwelling used as a primary dwelling or its curtilage, a public or private school, or a place of business. All existing aerobic impoundments shall employ technologies to ensure maintenance of aerobic conditions or otherwise to minimize the emission of odorous gases to the greatest extent practicable.

(3) The commission shall, by rules promulgated on or before March 1, 1999, require that all housed commercial swine feeding operations employ technology to minimize to the greatest extent practicable off-site odor emissions from all aspects of its operations, including odor from its swine confinement structures, manure and composting storage sites, and odor and aerosol drift from land application equipment and sites.

(4) No new land waste application site or new waste impoundment used in connection with a housed commercial swine feeding operation, shall be located less than:

(a) One mile from an occupied dwelling without the written consent of the owner of the dwelling;

(b) One mile from a public or private school without the written consent of the school's board of trustees or board of directors; and

(c) One mile from the boundaries of any incorporated municipality without the consent of the governing body of the municipality by resolution. As used in this subsection (4), a new land waste application site and new waste impoundment are those that were not in use as of June 1, 1998.

(5) The division shall enforce the provisions of this section. The division may delegate enforcement of the provisions of this section to any county or district public health agency. If the division delegates enforcement of this section, the division shall monitor the actions of any county or district public health agency as such actions pertain to enforcement of this section. The division shall assess a housed commercial swine feeding operation an annual fee, not to exceed seven cents per animal, based on the operation's working capacity, to offset the division's direct and indirect costs of enforcement, compliance, and regulation pursuant to this section. This fee shall be designated to fund an inspection and complaint response and enforcement program. By mutual agreement, any county or district public health agency that assists in enforcement of this section shall receive funding to conduct inspections and respond to complaints. As used in this subsection (5), "working capacity" means the number of swine the housed commercial swine feeding operation is capable of housing at any one time. In addition, any person who may be adversely affected by a housed commercial swine feeding operation may enforce these provisions directly against the operation by filing a civil action in the district court in the county in which the person resides.

(6) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the housed commercial swine feeding operation fund, which fund is hereby created in the state treasury. The moneys in such fund shall be subject to annual appropriation by the general assembly for the purposes of this section, including the reimbursement of county or district public health agencies for assistance in the enforcement of this section. Any interest earned on moneys in the fund shall remain in the fund and shall not revert to the general fund at the end of any fiscal year.
C.R.S. § 25-1-129 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-129
25-1-129. Prescription drug monitoring program integration methods - health care provider
Status: repealed

25-1-129. Prescription drug monitoring program integration methods - health care provider report cards - report - repeal. (Repealed)
C.R.S. § 25-15-206.5 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-206.5
25-15-206.5. Revocation or suspension of certificate
Status: in_force

25-15-206.5. Revocation or suspension of certificate. (1) The jurisdiction which granted the certificate of designation may revoke or suspend the certificate of designation of any hazardous waste disposal site if it finds that:

(a) There was a material misrepresentation or misstatement of fact in the application for the certificate of designation;

(b) The hazardous waste disposal site is not being operated in substantial compliance with any term, condition, or limitation of its certificate of designation or any applicable rule or regulation adopted pursuant to this part 2; or

(c) The owner or operator of the site has failed to pay the annual fee to the county or municipality as required by section 25-15-214 (1).

(2) The revocation or suspension of a certificate of designation shall not relieve the owner or operator of the hazardous waste disposal site from any legal liability.
C.R.S. § 25-4-2005 — CO Code / Title 25 / Article 4 / Part 20 / Section 25-4-2005
25-4-2005. Hepatitis C testing - recommendations - definitions
Status: in_force

25-4-2005. Hepatitis C testing - recommendations - definitions. (1) The department recommends that each primary health-care provider or physician, physician assistant, or nurse practitioner who treats a patient in an inpatient or outpatient setting offer a person born between the years of 1945 and 1965 a hepatitis C screening test or hepatitis C diagnostic test unless the health care provider providing such services reasonably believes that:

(a) The patient is being treated for a life-threatening emergency;

(b) The patient has previously been offered or has been the subject of a hepatitis C screening; or

(c) The patient lacks capacity to consent to a hepatitis C screening test.

(2) If a patient accepts the offer of a hepatitis C screening test and the screening test is reactive, the health-care provider may either offer the patient follow-up health care or refer the individual to a health-care provider who can provide follow-up health care, including a hepatitis C diagnostic test.

(3) The health-care provider shall make the offer of a hepatitis C screening to the patient in a linguistically and culturally appropriate manner, as determined by rules promulgated by the department.

(4) Nothing in this section affects the scope of practice of a health-care provider or diminishes any authority or legal or professional obligation of a health-care provider to offer a hepatitis C screening test or hepatitis C diagnostic test or to provide services or care for the subject of a hepatitis C screening test or hepatitis C diagnostic test.

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

(a) "Hepatitis C diagnostic test" means a laboratory test or tests that detect the presence of hepatitis C virus in the blood and provide confirmation of whether the patient has a hepatitis C infection.

(b) "Hepatitis C screening test" means a federal food and drug administration-approved rapid point of care test or other food and drug administration-approved tests that detect the presence of hepatitis C virus antibodies in the blood.
C.R.S. § 25-4-1612 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1612
25-4-1612. Judicial review
Status: in_force

25-4-1612. Judicial review. Any person adversely affected or aggrieved by a department decision to refuse to grant a license or certificate of license may seek judicial review in the district court having jurisdiction over the retail food establishment for which the application for license or certificate of license was made. Any other final order or determination by the department or a county or district board of health pursuant to this part 16 shall be subject to judicial review in accordance with article 4 of title 24, C.R.S.
C.R.S. § 25-17-901 — CO Code / Title 25 / Article 17 / Part 9 / Section 25-17-901
25-17-901. Definitions
Status: in_force

25-17-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Colorado region" means each of the four geographic regions identified in the SOMP, which are the western slope, mountains, front range, and eastern plains.

(2) "Commission" means the solid and hazardous waste commission created in the department in section 25-15-302.

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

(4) "Local government" means a home rule or statutory city, county, or city and county or a special district formed under title 32.

(5) "Organic materials" or "organics" means any solid waste that is a biological substance of plant or animal origin, including food scraps and yard trimmings, that can be broken down through biological processes.

(6) "SOMP" means the statewide organics management plan commissioned by the department and dated August 29, 2022.

(7) "Study" means the organics diversion study required by section 25-17-902.
C.R.S. § 25-1.5-207 — CO Code / Title 25 / Article 1.5 / Part 2 / Section 25-1.5-207
25-1.5-207. Damages and injunctive relief to prevent or abate release of contaminants in wat
Status: in_force

25-1.5-207. Damages and injunctive relief to prevent or abate release of contaminants in water. (1) (a) Except as provided in section 25-1-114.1 (3), any political subdivision or public water system which stores, releases, carries, conveys, supplies, or treats water for human consumption may bring suit to collect damages and for injunctive relief, in addition to all remedies otherwise available to prevent or abate any release or imminent release of contaminants or substances which, in water withdrawn for use, results or would likely result in:

(I) A violation, at the point where the contaminant or substance enters or would enter the intake of the water treatment system of the same or another political subdivision or public water system, of any minimum general sanitary standard or regulation adopted pursuant to this part 2, and the existing treatment system cannot effectively treat the contaminant or substance in question so as to assure that treated water complies with such standard or regulation; or

(II) Significant impairment of the normal operational capability of a water treatment system which meets the applicable specifications of the department for water treatment; or

(III) Rendering the system's drinking water supply unfit for human consumption. Where there are no minimum general sanitary standards, water shall be deemed unfit for human consumption where it is shown that the risk of adverse human health effects from exposure to carcinogens in that water is greater than one times ten to the minus sixth power or greater than the acceptable levels of exposure to noncarcinogens as determined by the reference dose method.

(b) Such an action may be maintained against any person who owns or operates the source or sources of the release of the contaminants, but no such action may be maintained with regard to surface or underground agricultural return flows except as otherwise provided in the "Colorado Chemigation Act", article 11 of title 35, C.R.S. Damages, including the costs of any remedy ordered or approved by the court shall include, as appropriate, those incurred in providing an interim substitute drinking water supply and monitoring and responding to the release or imminent release of contaminants or substances.

(2) Other remedies. Except as provided in this subsection (2), nothing in this section shall be construed to restrict or preempt any right which the state, the department, any public water system, or any other person may have under any other law to seek enforcement, in any court or in any administrative proceeding, of any provision of this section or any other relief regarding contamination of any drinking water supply. In addition, nothing in this section shall be construed to condition, restrict, or prevent any other civil or criminal actions which may be brought by the state or any political subdivision pursuant to any other state or federal statute or regulation or any local ordinance or regulation; except that, with respect to any release or substantial threat of release of a hazardous substance, pollutant, or contaminant addressed in pleadings or otherwise in a lawsuit brought pursuant to the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., or by the terms and conditions of a remedial action plan, removal order, consent decree, or other order or decree entered or issued by a court or administrative body of competent jurisdiction pursuant to such federal act, any person or entity which is a defendant in such a lawsuit or is subject to the terms and conditions of such a remedial action plan, removal order, consent decree, or other order or decree, shall not be subjected with respect to the same release or substantial threat of release of a hazardous substance, pollutant, or contaminant to any suit, action, or liability pursuant to section 25-1-114.1 (3); nor shall such person or entity be subject to any suit, action, or liability initiated or prosecuted by a political subdivision or a public water system pursuant to this section with respect to any release or substantial threat of release of a hazardous substance, pollutant, or contaminant which has been addressed by relief granted, or by measures implemented or legally required to be implemented, pursuant to a lawsuit brought pursuant to such federal act or the terms and conditions of a remedial action plan, removal order, consent decree, or other order or decree entered or issued by a court or administrative body of competent jurisdiction pursuant to such federal act. Nothing in this section shall be construed to bar a political subdivision or public water system from seeking to recover pursuant to applicable law its damages which have been reasonably incurred for the protection of the human health if enforceable arrangements to pay such damages have not otherwise been made.
C.R.S. § 25-48-112 — CO Code / Title 25 / Article 48 / Section 25-48-112
25-48-112. Form of written request
Status: in_force

25-48-112. Form of written request. (1) A request for medical aid-in-dying medication authorized by this article 48 must be in substantially the following form:

Request for medication to end my life

in a peaceful manner

I, am an adult of sound mind. I am suffering from , which my attending provider has determined is a terminal illness and which has been medically confirmed. I have been fully informed of my diagnosis and prognosis of six months or less, the nature of the medical aid-in-dying medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives or additional treatment opportunities, including comfort care, palliative care, hospice care, and pain control.

I request that my attending provider prescribe medical aid-in-dying medication that will end my life in a peaceful manner if I choose to take it, and I authorize my attending provider to contact any pharmacist about my request.

I understand that I have the right to rescind this request at any time.

I further understand that although most deaths occur within three hours, my death may take longer, and my attending provider has counseled me about this possibility. I make this request voluntarily, without reservation, and without being coerced, and I accept full responsibility for my actions.

Signed:

Dated:

Declaration of witnesses

We declare that the individual signing this request:

Is personally known to us or has provided proof of identity;

Signed this request in our presence;

Appears to be of sound mind and not under duress, coercion, or undue influence; and

I am not the attending provider for the individual.

witness 1/date

witness 2/date

Note: Of the two witnesses to the written request, at least one must not:

Be a relative (by blood, marriage, civil union, or adoption) of the individual signing this request; be entitled to any portion of the individual's estate upon death; or own, operate, or be employed at a health-care facility where the individual is a patient or resident.

And neither the individual's attending or consulting provider nor a person authorized as the individual's qualified power of attorney or durable medical power of attorney shall serve as a witness to the written request.
C.R.S. § 25-1-1201 — CO Code / Title 25 / Article 1 / Part 12 / Section 25-1-1201
25-1-1201. Legislative declaration
Status: in_force

25-1-1201. Legislative declaration. The general assembly hereby finds, determines, and declares that maintaining the confidentiality of medical records is of the utmost importance to the state and of critical importance to patient privacy for high quality medical care. Most people in the United States consider confidentiality of health information important and worry that the increased computerization of health records may result in inappropriate disclosure of such records. Patients have a strong interest in preserving the privacy of their personal health information, but they also have an interest in medical research and other efforts by health-care organizations to improve the medical care they receive. How best to preserve confidentiality within a state health information infrastructure is an important discussion that is affected by recent regulations promulgated by the federal department of health and human services related to the electronic storage of health information. The purpose of this part 12 is to index the provisions that govern medical record confidentiality to facilitate locating the law concerning the confidentiality of medical records and health information. It is not intended to expand, narrow, or clarify existing provisions.
C.R.S. § 25-11-107 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-107
25-11-107. Prohibited acts - violations - penalties - rules - cease-and-desist orders
Status: in_force

25-11-107. Prohibited acts - violations - penalties - rules - cease-and-desist orders. (1) Except as allowed by rule of the state board:

(a) No person shall acquire, own, possess, or use any radioactive material occurring naturally or produced artificially without having been granted a license therefor from the department; or

(b) Transfer to another or dispose of such material without first having been granted approval of the department therefor.

(2) Except as allowed by rule of the state board, no person shall knowingly use, manufacture, produce, transport, transfer, receive, send, acquire, own, or possess any source of radiation unless such person is licensed by or registered with the department. The exceptions promulgated by the state board shall include use of domestic television receivers, computer monitors, household microwave ovens, radiant heat devices, cellular telephones, incandescent gas mantles, and vacuum tubes.

(2.5) No person shall knowingly use any radiation machine to treat or diagnose any disease or conditions of the human body if the radiation machine is not certified for such treatment or diagnosis as provided in section 25-11-104 (8).

(3) Any person who violates the provisions of subsection (1), (2), or (2.5) of this section commits a class 2 misdemeanor.

(4) If a person does not pay the fee for radiation control services, the department may request the attorney general to commence a civil action against the person. If the court finds in such action that such person has not paid the fee for radiation control services, the court shall require such person to pay the fee together with a penalty not greater than twice the amount of the fee or one thousand dollars, whichever is greater. All civil penalties collected pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit them to the general fund.

(5) (a) Any person who violates subsection (1), (2), or (2.5) of this section, any licensing or registration provision, any rule or order issued under this part 1, or any term, condition, or limitation of any license or registration certificate issued pursuant to this part 1 is subject to an administrative penalty not to exceed fifteen thousand dollars per day for each violation.

(b) If the department has reason to believe, based upon facts available to it, that a person has committed any of the violations designated in paragraph (a) of this subsection (5), it shall send the person, within a reasonable time, a written notice of the violation specifying:

(I) The factual basis of each act or omission with which the person is charged; and

(II) The particular provision of the statute, rule, order, license, or registration certificate violated.

(c) (I) The department shall send the notice required by paragraph (b) of this subsection (5) by certified or registered mail, return receipt requested, to the last-known address of the alleged violator, or the department shall personally serve the notice of the violation upon the alleged violator or the alleged violator's agent.

(II) The alleged violator shall have thirty days following the receipt of the notice to submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective measures.

(III) In addition, the alleged violator may request an informal conference with department personnel to discuss the notice of violation required by paragraph (b) of this subsection (5). The alleged violator shall request the informal conference within fifteen days after receiving the notice, and the conference shall be held within the thirty days allowed for a written response.

(IV) After consideration of any written response and informal conference, the department shall issue a letter, within thirty days after the date of the informal conference or the receipt of a written response, whichever is later, affirming or dismissing the violation. Any remaining corrective measures that are necessary, and any administrative penalty determined to be appropriate, will be incorporated into an administrative order.

(c.3) In determining the amount of any administrative penalty, the department shall consider the factors in subparagraphs (I) to (X) of this paragraph (c.3). The factors contained in subparagraphs (VII), (VIII), and (IX) of this paragraph (c.3) are mitigating factors and may be applied, with other factors, to reduce any administrative penalty. Such factors are:

(I) The seriousness of the violation;

(II) Whether the violation was intentional, reckless, or negligent;

(III) The impact on, or threat to, the public health or the environment as a result of the violation;

(IV) The degree of recalcitrance, if any, on the part of the violator;

(V) Whether the violator is a recidivist;

(VI) The economic benefit realized by the violator as a result of the violation;

(VII) The violator's voluntary, timely, and complete disclosure of the violation, if prior to the department's knowledge of the violation, and if all reports required pursuant to state environmental control laws have been submitted as required;

(VIII) The violator's full and prompt cooperation with the department following disclosure or discovery of a violation, including, when appropriate, entering into and implementing, in good faith, a legally enforceable agreement with the department to undertake compliance and remediation efforts;

(IX) The existence of a comprehensive regulatory compliance program or an audit program that the violator adopted in good faith and in a timely manner, which program includes measures determined by the department to be sufficient to identify and prevent future noncompliance; and

(X) Any other aggravating or mitigating circumstance.

(c.5) In accordance with article 4 of title 24, C.R.S., and based upon the factors enumerated in paragraph (c.3) of this subsection (5), the state board shall adopt rules for determining administrative penalties imposed under this subsection (5).

(c.7) The department may compromise, mitigate, or remit an administrative penalty imposed pursuant to this subsection (5). The department may enter into a settlement agreement regarding any penalty or claim resolved under this part 1. The settlement agreement may include the payment or contribution of moneys to state or local agencies for other environmentally beneficial purposes.

(d) If the circumstances warrant, the department shall issue an order containing the elements of both the notice of violation specified in paragraph (b) of this subsection (5) and the letter described in subparagraph (IV) of paragraph (c) of this subsection (5).

(e) (I) The letter issued pursuant to subparagraph (IV) of paragraph (c) of this subsection (5) and the order issued pursuant to paragraph (d) of this subsection (5) shall notify the alleged violator of the right to request a hearing within thirty days, which hearing shall be held in accordance with section 24-4-105, C.R.S., to determine any of the following:

(A) Whether the alleged violation exists or did exist;

(B) The reasonableness of the time set for abatement; and

(C) Whether the administrative penalty is reasonable in light of the statutory criteria on which it is based.

(II) The alleged violator shall address each alleged violation in the request for the hearing and shall specify which of the alleged violations the alleged violator is appealing. An allegation not addressed in the request for the hearing shall be deemed admitted.

(III) No person engaged in conducting the hearing or participating in a decision or an initial decision shall be responsible for or subject to the supervision or direction of any department employee engaged in the performance of an investigatory or prosecuting function for the department.

(IV) The final action of the department is subject to judicial review pursuant to section 24-4-106, C.R.S.

(f) and (g) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1315, § 6, effective May 26, 2010.)

(h) At the request of the department, the attorney general may institute a civil action to collect an administrative penalty imposed pursuant to this subsection (5).

(i) Except as specified in paragraph (c.3) of this subsection (5), all administrative penalties collected pursuant to this subsection (5) shall be transmitted to the state treasurer, who shall credit them to the general fund.

(j) For any site or facility licensed under part 2 of this article determined by the department to have caused a release to the groundwater that exceeds the basic standards for groundwater as established by the water quality control commission, until remediation has been completed, the licensee shall provide annual written notice of the status of the release and any remediation activities associated with the release, by certified or registered mail, return receipt requested, to the current address for each registered groundwater well within one mile of the release as identified in the corrective action monitoring program. Under no circumstances shall remediation be deemed complete until all groundwater wells affected by any release associated with the site or facility are restored to at least the numeric groundwater standards as established by the water quality control commission that apply to the historic uses of the wells. Prior to the application of any numeric groundwater standard different from the baseline standard contained in 10 CFR 40, the standard must have been approved by the United States nuclear regulatory commission in accordance with section 274o of the federal "Atomic Energy Act of 1954", 42 U.S.C. sec. 2021 (o). The licensee shall remediate any release affecting groundwater wells in the most expedited manner reasonably possible using best available active restoration and groundwater monitoring technologies.

(k) For any site or facility licensed under part 2 of this article, in addition to any reporting requirements provided in the license or rules, the licensee shall provide notice to the department as soon as practicable upon discovery of any spill or release involving toxic or radioactive materials and shall provide an initial written report within seven days after any such discovery. The department shall post all such written reports on the department's website as soon as practicable, and in no case later than seven days after receipt by the department.

(6) Any qualified inspector who incorrectly certifies a machine that is a source of radiation as meeting the applicable specifications as required in section 25-11-104 (8) is subject to disciplinary action in accordance with section 24-4-104, C.R.S.

(7) If the department has reasonable cause to believe that a violation of this part 1 or of a license, registration, rule, or order issued under this part 1 has occurred or is occurring, the department may issue a cease-and-desist order setting forth the provision alleged to be violated, the facts alleged to constitute the violation, and the time by which the violation must cease. Except for emergency orders issued to protect the public health or the environment, for which a person to whom the emergency order has been issued may request an immediate hearing pursuant to section 24-4-105 (12), C.R.S., a person to whom a cease-and-desist order has been issued may petition the district court for the district in which the violation is alleged to have occurred or be occurring for a stay of the order. The court shall grant the request to stay if the person demonstrates that immediate and irreparable injury will result if the stay is not granted and that granting the stay will not result in serious harm to the public health, safety, or welfare or the environment.
C.R.S. § 25-52-105 — CO Code / Title 25 / Article 52 / Section 25-52-105
25-52-105. Access to health records related to maternal mortalities
Status: in_force

25-52-105. Access to health records related to maternal mortalities. (1) (a) Except as otherwise provided by law, the committee may access medical records related to maternal deaths upon request at any time up to seven years after the last treatment of a patient.

(b) A health-care provider or a health-care facility licensed or certified pursuant to article 3 of this title 25 shall provide medical records to the department concerning each maternal mortality for access by the members of the committee.

(c) Upon request of the department, a law enforcement officer shall provide a police report, and a coroner shall provide records of the coroner and medical examiner investigations, that involve a maternal death to the committee.

(d) A health-care provider, pharmacist, health-care facility, law enforcement officer, or coroner is not civilly or criminally liable for the release of medical records when making a good-faith effort to comply with this subsection (1).

(2) (a) The discussions in committee meetings or meetings of an ad hoc panel formed pursuant to section 25-52-104 (3) concerning details of a maternal death that could identify an individual involved are confidential and are not subject to section 24-6-402.

(b) The committee meeting notes, statements, medical records, reports, communications, and memoranda obtained by the committee that contain information that could identify an individual involved in a maternal death are confidential and are not subject to the "Colorado Open Records Act", part 2 of article 72 of title 24.

(c) Members of the committee are not subject to subpoena in any civil, criminal, or administrative proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee; except that this subsection (2)(c) does not prevent a member of the committee from testifying regarding information or opinions obtained independently of the committee or that are public information.

(d) Notes, statements, medical records, reports, communications, and memoranda that are confidential pursuant to subsections (2)(a) and (2)(b) of this section are not:

(I) Subject to subpoena, discovery, or introduction into evidence in any civil, criminal, or administrative proceeding, unless the subpoena is directed to a source that is separate and apart from the committee. Nothing in this section limits or restricts the right to discover or use in a civil, criminal, or administrative proceeding notes, statements, medical records, reports, communications, or memoranda that are available from another source separate and apart from the committee and that arise entirely independent of the committee's activities.

(II) Admissible as evidence in any action in any court or before any tribunal, board, agency, or person and shall not be exhibited or disclosed in any way by any person unless the information was obtained from another source that is separate and apart from the committee, except as may be necessary to further the duties of the committee or in response to an alleged violation of a confidentiality agreement pursuant to subsection (2)(e) of this section.

(e) Each committee member shall sign a confidentiality agreement that requires the member's adherence to subsections (2)(a) and (2)(b) of this section. A member who knowingly violates the confidentiality agreement commits a petty offense.
C.R.S. § 25-37-103.5 — CO Code / Title 25 / Article 37 / Section 25-37-103.5
25-37-103.5. Pharmacy benefit managers - contracts with pharmacies - maximum allowable cost p
Status: repealed

25-37-103.5. Pharmacy benefit managers - contracts with pharmacies - maximum allowable cost pricing. (Repealed)
C.R.S. § 25-1-137 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-137
25-1-137. Task force to reduce youth violence, suicide, and delinquency risk factors - cre
Status: in_force

25-1-137. Task force to reduce youth violence, suicide, and delinquency risk factors - creation - membership - reporting - definitions. (1) On or before December 31, 2023, the department shall convene a task force to establish shared goals, objectives, and guidelines for governmental agencies and community-based agencies to achieve maximum impact in reducing youth violence, suicide, and delinquency risk factors for target communities with the highest rates of youth violence, suicide, or delinquency risk factors.

(2) The purpose of the task force is to bring together diverse groups and perspectives from governmental agencies and community-based organizations to:

(a) Identify three target communities in the state where disproportionately high levels of youth violence, suicide, and delinquency risk factors exist. The target communities may include any zip code or contiguous zip codes with the top three to five rates of youth violence, suicide, or delinquency risk factors, including, but not limited to, school performance, average education level, income level, employment levels, crime statistics, and housing and food insecurity. The three target communities selected pursuant to this subsection (2)(a) must represent, to the extent practicable, geographic and urban and rural diversity.

(b) Beginning July 1, 2025, and for a minimum of three years thereafter, establish clear and shared goals, objectives, and guidelines to prioritize, align, and pool agency resources, including new and state grant money, to guide intervention, prevention, and tracking statistics to achieve the maximum impact on reducing youth violence, suicide, and delinquency risk factors; and

(c) Beginning July 1, 2025, and for a minimum of three years thereafter, establish clear and shared goals, objectives, and guidelines to prioritize the distribution of new grant money across multiple governmental agencies to guide intervention, prevention, and tracking statistics to achieve the maximum impact on reducing youth violence, suicide, and delinquency risk factors. This includes creating:

(I) A process for streamlining state grant applications across agencies that does not violate federal laws, rules, or guidelines for federal dollars as it pertains to state grant-making among agencies;

(II) A common application form to the extent possible without violating federal laws, rules, or guidelines and that is practical and accessible for grantees to use;

(III) A clearinghouse of resources for applicants; and

(IV) A job description for a full-time employee support for the five agencies of the task force to provide technical support and assistance to grant applicants who may lack the organizational capacity to complete competitive and complete applications.

(3) (a) The task force consists of the following members, at a minimum:

(I) Two representatives from the department of public health and environment. One representative must have experience in substance use and be appointed by the executive director. The other representative must be from the office of gun violence prevention and be appointed by the director of the office of gun violence prevention.

(II) A representative from the department of early childhood, appointed by the executive director of the department of early childhood;

(III) Two representatives from the office of children, youth, and families in the division of child welfare in the department of human services;

(IV) Three representatives from the department of education, one with expertise in workforce development, one with expertise in post-secondary pathways, and one who represents rural K-12 communities or has rural K-12 expertise, all appointed by the commissioner of education;

(V) Two representatives from the behavioral health administration in the department of human services and appointed by the behavioral health commissioner. One representative must have experience in substance use and drug prevention and one representative must have experience with mental health issues.

(VI) Two representatives from the division of criminal justice in the department of public safety, appointed by the executive director of the department of public safety; and

(VII) Five representatives from community-based organizations, as well as current agency grantees, working in the target communities, as identified by the task force pursuant to subsection (2)(a) of this section, and appointed by the task force. Two of the representatives from community-based organizations must be ones that focus on individuals with intellectual and developmental disabilities or severe mental or behavioral health disorders.

(b) The task force must also either:

(I) Include a nonvoting member who is a person with experience in, or represents an organization with experience in, delivery of actionable data information and analysis and data readiness; or

(II) Allow for presentations on actionable data information and analysis and data readiness.

(4) For insights into grant alignment practices, the task force shall consult with the following agencies:

(a) The department of personnel and administration; and

(b) The department of higher education.

(5) After the task force identifies the target communities pursuant to subsection (2)(a) of this section, the task force shall consult with local governmental entities that include, but are not limited to, city and county government officials; local law enforcement and district attorneys; local education providers; local and regional public health administrators; and any local community-based organizations that have received state-level grants in the areas of youth suicide, violence prevention and intervention, and reducing youth risk factors.

(6) The task force must have an employee to support work of the task force.

(7) The members of the task force shall serve on a voluntary basis without compensation, except for the representatives from nongovernmental agencies, who may receive a per diem stipend. All members are entitled to compensation for actual and necessary expenses incurred in the performance of the task force members' duties.

(8) (a) The task force shall present its preliminary findings, goals, objectives, and guidelines to the judiciary committees of the house of representatives and the senate and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, during the department's "SMART Act" hearings held in January 2024. The 2024 "SMART Act" report must include further descriptions of how the task force identified which target communities to prioritize, including whether or if certain factors were weighted or assessed. The task force shall report a timeline with specific deliverables, including when target communities will be defined, when data sources will be identified, and when data sharing agreements will be conformed.

(b) In January 2025, the task force shall present its final report that establishes clear and shared goals, objectives, and guidelines to prioritize, align, and pool agency resources, including new and existing grant money, that would guide intervention, prevention, and tracking statistics to achieve the maximum impact on reducing youth violence, suicide, and delinquency risk factors in priority communities. The task force shall include in its report how it will display and track data towards the efficacy of the strategies and goals; how the task force will collect future data from streamlined grant applications, such as reflected in annual reports, as narrative or data tables; and how or if the task force will reassess factors and data on an ongoing basis. The task force shall make its presentation to the judiciary committees of the house of representatives and the senate and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, during the department's "SMART Act" hearings held in January 2025.

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

(a) "Community-based organization" means a person, private nonprofit agency, corporation, association, or other nongovernmental agency.

(b) "Governmental unit" means any county, city and county, city, town, district attorney's office, or school district.

(c) "Target communities" means the communities identified by the task force as part of the task force's duties pursuant to subsection (2)(a) of this section.

(d) "Task force" means the task force created in subsection (1) of this section to establish shared goals, objectives, and guidelines for entities to utilize in prioritizing new and existing grant money to ensure achieving a maximum impact in reducing youth violence, suicide, and delinquency risk factors for target communities with the highest rates of youth violence, suicide, or delinquency risk factors.
C.R.S. § 25-42-103 — CO Code / Title 25 / Article 42 / Section 25-42-103
25-42-103. Grant of taxing authority
Status: in_force

25-42-103. Grant of taxing authority. (1) Each unit of government hospital care provider, upon the affirmative action of its governing body, shall have the authority to levy and collect a sales tax as follows:

(a) Upon the approval of the eligible electors of the unit of government hospital care provider's taxing area at an election held in accordance with section 20 of article X of the state constitution and this article, the unit of government hospital care provider may levy a uniform sales tax throughout its entire taxing area upon every transaction or other incident with respect to which a sales tax is levied by the state pursuant to the provisions of article 26 of title 39, C.R.S.

(b) A sales tax imposed pursuant to paragraph (a) of this subsection (1) shall not be levied on:

(I) The sale of tangible personal property delivered by a retailer or a retailer's agent or to a common carrier for delivery to a destination outside the taxing area; or

(II) The sale of tangible personal property on which a specific ownership tax has been paid or is payable when such sale meets the following conditions:

(A) The purchaser does not reside in the taxing area or the purchaser's principal place of business is outside the taxing area; and

(B) The personal property is registered or required to be registered outside the taxing area under the laws of this state.

(c) The sales tax imposed pursuant to paragraph (a) of this subsection (1) shall be in addition to any other sales or use tax imposed pursuant to law.

(2) (a) The collection, administration, and enforcement of a sales tax imposed pursuant to subsection (1) of this section shall be performed by the executive director of the department of revenue in the same manner as that for the collection, administration, and enforcement of the state sales tax imposed pursuant to article 26 of title 39, C.R.S., including, without limitation, the retention by a vendor of the percentage of the amount remitted to cover the vendor's expense in the collection and remittance of the sales tax as provided in section 39-26-105, C.R.S. The executive director of the department of revenue shall make monthly distributions of sales tax collections to the unit of government hospital care provider. The unit of government hospital care provider shall pay the net incremental cost incurred by the department of revenue in the administration and collection of the sales tax.

(b) (I) A qualified purchaser may provide a direct payment permit number issued pursuant to section 39-26-103.5, C.R.S., to a vendor or retailer that is liable and responsible for collecting and remitting any sales tax levied on a sale made to the qualified purchaser pursuant to the provisions of this article. A vendor or retailer that has received a direct payment permit number in good faith from a qualified purchaser shall not be liable or responsible for collection and remittance of any sales tax imposed on the sale that is paid for directly from the qualified purchasers' funds and not the personal funds of any individual.

(II) A qualified purchaser that provides a direct payment permit number to a vendor or retailer shall be liable and responsible for the amount of sales tax levied on a sale made to the qualified purchaser pursuant to the provisions of this article in the same manner as liability would be imposed on a qualified purchaser for state sales tax pursuant to section 39-26-105 (3), C.R.S.

(3) A sales tax shall not be levied by a unit of government hospital care provider without first complying with this section and section 25-42-106.
C.R.S. § 25-4-1602 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1602
25-4-1602. Definitions
Status: in_force

25-4-1602. Definitions. As used in this part 16, unless the context otherwise requires:

(1) "Automated food merchandising enterprise" means the collective activity of the supplying or preparing of food or drink for automated food merchandising machines.

(2) "Certificate of license" means a grant to operate a retail food establishment without a fee, under the conditions set forth in section 25-4-1607 (9).

(2.5) "County or district public health agency" means a county or district health department or a county or municipal board of health.

(3) "Department" means the department of public health and environment, and its authorized employees.

(4) "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(5) "Fund" means the food protection cash fund created in section 25-4-1608.

(6) "HACCP plan" means a written document setting forth the formal procedures for following hazard analysis critical control point principles.

(6.5) (a) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the number of potential injuries or illnesses and the nature, severity, and duration of the anticipated injury or illness.

(b) "Imminent health hazard" includes an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent food-borne illness outbreak, grossly unsanitary occurrence or condition, or other circumstance that may endanger public health.

(7) "Inspection" means an inspection of a retail food establishment conducted by the department or a county or district board of health to ensure compliance by such establishment with rules promulgated by the department pursuant to this part 16.

(8) "License" means a grant to a licensee to operate a retail food establishment.

(9) "Licensee" means a person that is licensed or who holds a certificate of license pursuant to this part 16 and is responsible for the lawful operation of a retail food establishment.

(10) (Deleted by amendment, L. 2009, (SB 09-223), ch. 255, p. 1151, § 2, effective May 15, 2009.)

(11) "Modified atmosphere packaging" means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content to a level below that normally found in the surrounding atmosphere, which is twenty-one percent oxygen.

(12) "Nonpotentially hazardous" means any food or beverage that, when stored under normal conditions without refrigeration, will not support the rapid and progressive growth of microorganisms that cause food infections or food intoxications.

(13) "Person" means a natural person, partnership, association, company, corporation, or organization or a manager, agent, servant, officer, or employee of any of such entities.

(14) "Retail food establishment" means a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food. "Retail food establishment" does not mean:

(a) Any private home;

(b) Private boarding houses;

(c) Hospital and health facility patient feeding operations licensed by the department;

(d) Child care centers and other child care facilities licensed by the department of human services;

(e) Hunting camps and other outdoor recreation locations where food is prepared in the field rather than at a fixed base of operation;

(f) Food or beverage wholesale manufacturing, processing, or packaging plants, or portions thereof, that are subject to regulatory controls under state or federal laws or regulations;

(g) Motor vehicles used only for the transport of food;

(h) Establishments preparing and serving only hot coffee, hot tea, instant hot beverages, and nonpotentially hazardous doughnuts or pastries obtained from sources complying with all laws related to food and food labeling;

(i) Establishments that handle only nonpotentially hazardous prepackaged food and operations serving only commercially prepared, prepackaged foods requiring no preparation other than the heating of food within its original container or package;

(j) Farmers markets and roadside markets that offer only uncut fresh fruit and vegetables for sale;

(k) Automated food merchandising enterprises that supply only prepackaged nonpotentially hazardous food or drink or food or drink in bottles, cans, or cartons only, and operations that dispense only chewing gum or salted nuts in their natural protective covering;

(l) The donation, preparation, sale, or service of food by a nonprofit or charitable organization in conjunction with an event or celebration if such donation, preparation, sale, or service of food:

(I) Does not exceed the duration of the event or celebration or a maximum of fifty-two days within a calendar year; and

(II) Takes place in the county in which such nonprofit or charitable organization resides or is principally located.

(m) A home, commercial, private, or public kitchen in which a person produces food products sold directly to consumers pursuant to the "Colorado Cottage Foods Act", section 25-4-1614.

(15) "Safe food" means food that does not contain any poisonous, deleterious, or disease-causing substance or microorganisms that may render such food injurious to human health.

(16) "Special event" means an organized event or celebration at which retail food establishments prepare, serve, or otherwise provide food for human consumption.

(17) "Uniform statewide administration, implementation, interpretation, and enforcement" means the application of the rules adopted by the state board of health and the policy guidance of the department by state and county or district public health agencies responsible for implementation of the rules and policies. The uniform application shall not preclude county or district public health agencies from implementing administrative efficiencies or practices if the practices do not conflict with the state board of health rules or department policies.
C.R.S. § 25-4-604 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-604
25-4-604. Animal attacking or biting person to be confined - examination
Status: in_force

25-4-604. Animal attacking or biting person to be confined - examination. The health department or health officer shall serve notice upon the owner of a dog, cat, other pet animal, or other mammal which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a pound or other place designated in the notice for a period designated by the department of public health and environment. The health department, health officer, or his representative shall be permitted by the owner of such dog, cat, other pet animal, or other mammal to examine the animal at any time within the period of confinement to determine whether such animal shows symptoms of rabies. No person shall obstruct or interfere with the authorized person in making such examination.
C.R.S. § 25-9-102 — CO Code / Title 25 / Article 9 / Section 25-9-102
25-9-102. Definitions
Status: in_force

25-9-102. Definitions. As used in this article 9, unless the context otherwise requires:

(1) "Board" means the water and wastewater facility operators certification board.

(2) "Certificate" means the certificate of competency issued by the board stating that the operator named thereon has met the requirements for the specified operator classification of the certification program.

(3) "Certified operator" means the person who has responsibility for the operation of any water and wastewater facility covered under this article and is certified in accordance with the provisions of this article.

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

(4.3) "Division" means the water quality control division within the department of public health and environment.

(4.5) "Domestic wastewater treatment facility" means any facility or group of units used for the treatment of domestic wastewater or for the reduction and handling of solids and gases removed from such wastes, whether or not the facility or group of units is discharging into state waters. "Domestic wastewater treatment facility" specifically excludes on-site wastewater treatment systems with a design capacity of two thousand gallons or less per day, unless the system discharges directly to surface water.

(4.7) "Industrial wastewater treatment facility" means any facility or group of units used for the pretreatment, treatment, or handling of industrial waters, wastewater, reuse water, and wastes that are discharged into state waters. "Industrial wastewater treatment facility" includes facilities that clean up contaminated groundwater or spills and excludes construction dewatering activities that utilize only passive treatment and occur for less than one year.

(4.8) "Small system" means a water or wastewater facility that serves a population of three thousand three hundred or less.

(4.9) "Wastewater collection system" means a system of pipes, conduits, and associated appurtenances that transports domestic wastewater from the point of entry to a domestic wastewater treatment facility. The term does not include collection systems that are within the property of the owner of the facility.

(5) "Wastewater treatment facility" means either a domestic wastewater treatment facility or an industrial wastewater treatment facility.

(5.3) "Water and wastewater facility" means a water treatment facility, wastewater treatment facility, water distribution system, or wastewater collection system.

(6) "Water distribution system" means any combination of pipes, tanks, pumps, or other facilities that delivers water from a source or treatment facility to the consumer.

(7) "Water treatment facility" means the facility or facilities within the water distribution system that can alter the physical, chemical, or bacteriological quality of the water.
C.R.S. § 25-3.5-1005 — CO Code / Title 25 / Article 3.5 / Part 10 / Section 25-3.5-1005
25-3.5-1005. Website - primary state resource for information
Status: in_force

25-3.5-1005. Website - primary state resource for information. (1) In furtherance of the goals of the eighteen-month public awareness and education campaign created in section 25-3.5-1003, as it existed prior to its repeal in 2016, and the ongoing prevention and education campaign created in section 25-3.5-1004, the division shall create a website that will serve as the state portal for the most accurate and timely information regarding the health effects of marijuana use and the laws regarding marijuana use. The division shall ensure that the website links to the information made available by local governments that have passed additional restrictions on the use of retail marijuana and links to the website of every state agency that contains relevant information regarding retail marijuana, including any youth prevention campaign managed by a state agency.

(2) The division shall implement a marketing campaign to generate public awareness of the website as the primary state resource for information regarding the legalization and use of retail marijuana in the state.
C.R.S. § 25-11-108 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-108
25-11-108. Exemptions
Status: repealed

25-11-108. Exemptions. (1) Sections 25-11-103 and 25-11-104 do not apply to the following sources or conditions:

(a) Electrical or other equipment or material that is not intended primarily to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach at a weekly rate higher than one-tenth the appropriate limit generally accepted by the medical profession for any critical organ exposed. The production testing or production servicing of such equipment shall not be exempt.

(b) Radiation machines during process of manufacture or in storage or transit. The production testing or production servicing of such machines shall not be exempt.

(c) Repealed.

(d) Sound and radio waves and visible infrared and ultraviolet light.

(2) No exemptions under this section are granted for those quantities or types of activities which do not comply with the established rules and regulations promulgated by the atomic energy commission or any successor thereto.

(3) Section 25-11-107 shall not apply to unmined minerals containing radioactive materials including such as are involved in mining operations.

(4) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1320, § 7, effective May 26, 2010.)

(5) Any person may file application for exemption under this section for activities including, but not limited to, licensed sources of radiation for educational or noncommercial public displays or scientific collections.
C.R.S. § 25-4-1611.5 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1611.5
25-4-1611.5. Violations - penalties - review
Status: in_force

25-4-1611.5. Violations - penalties - review. (1) If the department or a county or district public health agency finds that a licensee or other person operating a retail food establishment was provided with written notification of a violation of section 25-4-1610 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) and was given a reasonable time to comply but remained in noncompliance, the person is subject to a civil penalty of not less than two hundred fifty dollars and not more than one thousand dollars, assessed by the department or county or district public health agency.

(2) (a) (I) Upon a finding by the department or a county or district public health agency that an establishment is in violation of section 25-4-1610 (1)(c), and that the violations are sufficient to require the department or county or district public health agency to conduct a reinspection, the department or county or district public health agency shall provide the establishment with a reasonable time to comply and conduct a reinspection.

(II) For the purposes of this subsection (2)(a), the determination of whether a violation of section 25-4-1610 (1)(c) is sufficient to require reinspection under this section shall be done in a manner consistent with the uniform system to communicate inspection results to the public developed in accordance with section 25-4-1607.7.

(b) If, at the time of the first reinspection, the establishment is in violation of section 25-4-1610 (1)(c) and the violations are sufficient to require reinspection, the department or county or district public health agency shall conduct a second reinspection after providing the establishment a reasonable time to comply.

(c) If, at the time of the second reinspection, the establishment remains in violation of section 25-4-1610 (1)(c) and the violations are sufficient to require reinspection, the department or county or district public health agency shall conduct a third reinspection after providing the establishment a reasonable time to comply.

(d) If, at a third reinspection, the establishment remains in violation of section 25-4-1610 (1)(c), the department or county or district public health agency may assess a civil penalty, not to exceed one thousand dollars, and may suspend the license of the licensee pursuant to this section.

(e) If an establishment is found to be in violation of section 25-4-1610 (1)(c) during four out of five inspections during a twelve-month period and the violations are sufficient to require reinspection, the department or county or district public health agency may assess a civil penalty, not to exceed one thousand dollars, and may suspend the license of the licensee pursuant to this section.

(3) A maximum of three civil penalties may be assessed against a licensee or other person operating an establishment in any twelve-month period. Whenever a third civil penalty is assessed in a twelve-month period, the department or county or district public health agency may initiate proceedings to suspend or revoke the license of the licensee pursuant to this section.

(4) Neither the department nor county or district public health agency shall assess a civil penalty pursuant to this section if a disciplinary action is pending against the same licensee under this section.

(5) (a) All penalties collected by the department pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the food protection cash fund created in section 25-4-1608.

(b) Penalties collected by a county or district public health agency shall be deposited in the appropriate county or district public health agency fund in accordance with section 25-4-1608.

(6) To obtain compliance with this part 16, the department or county or district public health agency may allow the owner of an establishment to use any assessed penalty fee to pay for unpaid license fees, employee training, or the cost of needed improvements to the establishment.

(7) In addition to the remedies provided in this part 16 and other remedies provided by law, the department or county or district public health agency is authorized to apply to the county or district court with jurisdiction for the county where an establishment is located for a temporary or permanent injunction, and such court shall have jurisdiction to issue an injunction restraining any person from violating section 25-4-1610.

(8) The department or county or district public health agency may issue a cease-and-desist administrative order if a person or licensee has been issued a civil penalty in accordance with subsection (2) of this section and remains in noncompliance.

(9) (a) The department or county or district public health agency may suspend or revoke a license or certificate of license for any violation of this part 16, any rule adopted pursuant to this part 16, or any of the terms, conditions, or provisions of the license or certificate of license in accordance with section 24-4-104.

(b) Except as provided in subsection (9)(c) of this section, the suspension of a license or certificate of license may not exceed three days and may commence only:

(I) After all reinspections required by subsection (2) of this section have been completed;

(II) If the licensee remains in violation; and

(III) After the licensee has been provided written notification of the grievance process available pursuant to section 25-4-1609.5.

(c) In cases of imminent health hazard, the suspension of a license or certificate of license may commence immediately.

(d) When a license or certificate of license is suspended under this subsection (9), no part of the fees paid for a license may be returned to the licensee.

(10) An establishment that has been issued a cease-and-desist order or had its license suspended or revoked in accordance with subsection (8) or (9) of this section, as applicable, may not reinitiate operations without the prior approval of the department or county or district public health agency.
C.R.S. § 25-12-102 — CO Code / Title 25 / Article 12 / Section 25-12-102
25-12-102. Definitions
Status: in_force

25-12-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Commercial zone" means:

(a) An area where offices, clinics, and the facilities needed to serve them are located;

(b) An area with local shopping and service establishments located within walking distances of the residents served;

(c) A tourist-oriented area where hotels, motels, and gasoline stations are located;

(d) A large integrated regional shopping center;

(e) A business strip along a main street containing offices, retail businesses, and commercial enterprises;

(f) A central business district; or

(g) A commercially dominated area with multiple-unit dwellings.

(2) "db(A)" means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American national standards institute, publication S1. 4 - 1971.

(3) "Decibel" is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one hundred percent increase or decrease in the sound level, and a ten-decibel change is a one thousand percent increase or decrease in the sound level.

(4) (a) "Industrial zone" means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural, horticultural, or floricultural operations.

(b) Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(5) "Light industrial and commercial zone" means:

(a) An area containing clean and quiet research laboratories;

(b) An area containing light industrial activities which are clean and quiet;

(c) An area containing warehousing; or

(d) An area in which other activities are conducted where the general environment is free from concentrated industrial activity.

(5.2) "Motorcycle" means a self-propelled vehicle with not more than three wheels in contact with the ground that is designed primarily for use on the public highways.

(5.4) "Motor vehicle" means a self-propelled vehicle with at least four wheels in contact with the ground that is designed primarily for use on the public highways.

(5.6) "Off-highway vehicle" means a self-propelled vehicle with wheels or tracks in contact with the ground that is designed primarily for use off the public highways. "Off-highway vehicle" shall not include the following:

(a) Military vehicles;

(b) Golf carts;

(c) Snowmobiles;

(d) Vehicles designed and used to carry persons with disabilities; and

(e) Vehicles designed and used specifically for agricultural, logging, firefighting, or mining purposes.

(6) "Residential zone" means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. "Residential zone" includes hospitals, nursing homes, and similar institutional facilities.

(7) "SAE J1287" means the J1287 stationary sound test or any successor test published by SAE international or any successor organization.

(8) "SAE J2567" means the J2567 stationary sound test or any successor test published by SAE international or any successor organization.

(9) "Snowmobile" means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off the public highways. "Snowmobile" shall not include machinery used strictly for the grooming of snowmobile trails or ski slopes.
C.R.S. § 25-6-302 — CO Code / Title 25 / Article 6 / Part 3 / Section 25-6-302
25-6-302. Breast-feeding
Status: in_force

25-6-302. Breast-feeding. A mother may breast-feed in any place she has a right to be.
C.R.S. § 25-5-802 — CO Code / Title 25 / Article 5 / Part 8 / Section 25-5-802
25-5-802. Submission of plans and specifications
Status: in_force

25-5-802. Submission of plans and specifications. Prior to the construction, extension, enlarging, remodeling, or modification of a swimming area, the plans and specifications for the work to be done shall be submitted for review and recommendation to the department of public health and environment by the owner of the swimming area. The department of public health and environment may direct that such plans and specifications be submitted to the municipality or other political subdivision in which the swimming area is or may be located rather than to the department of public health and environment. This section does not prohibit any municipality from requiring that the plans also be submitted to the proper authority of the municipality.
C.R.S. § 25-1.5-701 — CO Code / Title 25 / Article 1.5 / Part 7 / Section 25-1.5-701
25-1.5-701. Health survey for birthing parents
Status: in_force

25-1.5-701. Health survey for birthing parents. (1) Beginning July 1, 2022, the department shall begin developing a methodology and building a health survey for birthing parents, referred to in this section as the "survey", to give people who have given birth the opportunity to share opinions and experiences during the first few years of their babies' lives. The purpose of the survey is to inform Colorado policies and programs designed to advance health equity. As part of the survey, the department shall:

(a) Invite a statewide cohort of people who have recently given birth to join the survey;

(b) Annually and up until a survey participant's child's third birthday, provide to each participant at least two brief online questionnaires on a variety of health and social topics, including:

(I) How the participant feels physically and emotionally after having given birth;

(II) The participant's mental health and substance use before, during, and after pregnancy;

(III) The participant's opinions on childhood vaccinations and other important health decisions;

(IV) The participant's ability to take leave from work;

(V) The participant's ability to feed the participant's baby in the participant's preferred way;

(VI) The participant's experiences with doctors and other health-care workers during and after pregnancy, including any experiences of discrimination; and

(VII) The participant's family's access to health care and health services, including behavioral health services and oral health services, and other resources necessary for the family to be happy and healthy.

(2) The survey must be designed to oversample members of groups that comprise a small percentage of the population and that disproportionately experience health inequities, including African Americans and Native Americans, so that data about the experiences of these populations can be made public. Participant data about race, ethnicity, sexual orientation, and gender identity must be collected and reported in a manner that protects personally identifying information.
C.R.S. § 25-13-107 — CO Code / Title 25 / Article 13 / Section 25-13-107
25-13-107. Refuse disposal
Status: in_force

25-13-107. Refuse disposal. (1) All persons shall dispose of refuse in containers which shall be provided for that purpose by operators of organized campgrounds. Organized campground operators shall keep the grounds free of uncontained refuse and shall provide a sufficient number of secure waterproof containers, preferably metal, with flyproof tops for the disposal of refuse. The containers shall be emptied as often as necessary to maintain the organized campground free of uncontained refuse. The presence of uncontained refuse in excess of the capacity of the containers provided shall be prima facie proof that the numbers of containers or frequency of container emptying is inadequate and that the operator is in violation of this subsection (1).

(2) Whenever containers for refuse are filled or are not available in campgrounds or recreation areas, all persons shall dispose of refuse in compliance with rules and regulations adopted by the board or operator or remove the refuse from the area for disposal in a manner not in violation of this article.

(3) Refuse in public accommodation facilities shall be disposed in the manner specified in such reasonable rules and regulations as may be promulgated by the board.

(4) Food wastes normally edible to human beings may be deposited on the surface of the ground if the quantity of such wastes does not result in an unhealthful or unpleasant aesthetic appearance by virtue of an unreasonable time required for decay of the waste or consumption of the waste by fauna of the area.
C.R.S. § 25-7-123.1 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-123.1
25-7-123.1. Statute of limitations - penalty assessment - criteria
Status: in_force

25-7-123.1. Statute of limitations - penalty assessment - criteria. (1) (a) Except with respect to any action commenced to address a failure to obtain a permit required by this article 7, any action commenced for the assessment of civil penalties, pursuant to this article 7, that is not commenced within five years after the occurrence of the alleged violation is time barred.

(b) Without expanding the statute of limitations contained in subsection (1)(a) of this section, any action commenced for the assessment of civil penalties, pursuant to this article 7, except those commenced pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that is not commenced within eighteen months after the date upon which the division discovers the alleged violation is time barred. For purposes of this section, the division discovers the alleged violation when it learns of the alleged violation or should have learned of the alleged violation by the exercise of reasonable diligence, including by receipt of actual or constructive notice.

(c) The periods of limitation described in this section do not apply where the alleged violator knowingly or willfully conceals information regarding the alleged violation.

(2) A penalty may be assessed for each day of violation. For purposes of determining the number of days of violation for which a penalty may be assessed under sections 25-7-122 and 25-7-122.1 (1), or an assessment may be made under section 25-7-115 (5), where the division has notified the source of the violation, and the division makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violation shall be presumed to include the date of such notice and each and every day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature.

(3) The division may request the district attorney for the district in which the alleged violation or noncompliance, or any part thereof, occurred or may request the attorney general to bring, and if so requested, it is the duty of such official to bring a suit for recovery or any penalty or nonpayment penalty, with interest, imposed pursuant to section 25-7-122 (civil penalties) or 25-7-122.1 (criminal penalties), if the penalty is not paid when due. The division may not revoke a permit issued pursuant to parts 1 to 4 of this article or certification issued pursuant to part 5 of this article solely for failure to pay penalties when due, unless an order is first issued and all administrative and judicial remedies are pursued unsuccessfully.
C.R.S. § 25-14-209 — CO Code / Title 25 / Article 14 / Part 2 / Section 25-14-209
25-14-209. Severability
Status: in_force

25-14-209. Severability. If any provision of this part 2 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application, and to this end the provisions of this part 2 are declared to be severable.
C.R.S. § 25-2-110 — CO Code / Title 25 / Article 2 / Section 25-2-110
25-2-110. Certificates of death - definition
Status: repealed

25-2-110. Certificates of death - definition. (1) (a) A certificate of death for each death, including a stillborn death, that occurs in Colorado must be filed with the state registrar, or as otherwise directed by the state registrar, within seventy-two hours of assuming custody of a dead body, stillborn fetus, or dead fetus and prior to final disposition, except when inquiry is required by subsection (5.5) of this section or any provision of section 30-10-606 other than section 30-10-606 (1)(b) or when a coroner, a medical examiner, a forensic pathologist, or other qualified individual determines that additional time is necessary to make a proper inquiry to determine the cause and manner of death. In such a situation, the coroner, medical examiner, forensic pathologist, or other qualified individual shall complete and sign the certificate of death as soon as practicable. The state registrar shall register the certificate if it has been completed in accordance with this section. Every certificate of death must identify the decedent's social security number, if available. If the place of death is unknown but the dead body is found in Colorado, the certificate of death must be completed and filed in accordance with this section. The place where the body is found must be shown as the place of death. If the date of death is unknown, the date must be determined by approximation.

(b) (I) The department of public health and environment shall create and the state registrar shall use an electronic death registration system for the purpose of collecting death information from funeral directors, coroners, physicians, local registrars, health facilities, and other authorized individuals, as determined by the department. Death information submitted electronically by a funeral director, coroner, physician, local registrar, health facility, or authorized individual, as determined by the department, to the electronic death registration system for purposes of fulfilling the requirements of this section satisfies the signature and filing requirements of this section and section 30-10-606, C.R.S.

(II) Repealed.

(III) Except as otherwise provided in subsection (4.5) of this section, any individual, other than a family member of the decedent or other individual acting in a nonprofessional capacity as the funeral director for the decedent, who is required to initiate, complete, respond to, or file a certificate of death pursuant to this section must use the electronic death registration system used by the state registrar.

(IV) The state registrar shall provide a report to the department of regulatory agencies on a monthly basis that identifies any certificates of death for which a medical certification was not completed in a timely manner using the electronic death registration system or, before March 1, 2024, only, completed as otherwise allowed by this section, and the department shall promptly provide the report to the Colorado medical board created in section 12-240-105 (1)(a). Beginning in 2025, the department of regulatory agencies shall prepare a report to the joint committee of reference during its annual hearing held pursuant to section 2-7-203 of the "SMART Act", part 2 of article 7 of title 2. The report must include the number of complaints that the department of regulatory agencies received and the number of disciplinary actions taken against a licensee in each calendar year.

(c) Once a certificate of death has been filed pursuant to paragraph (a) of this subsection (1), a verification of death document may be used by local offices of vital statistics and the office of the state registrar of vital statistics when verifying a vital event to a person or organization that has requested a verification of fact-of-death. A verification of death document must include the name and address of the decedent, the date of death, the place of death, the date the document is filed, the state file number, and the name of any spouse of the decedent. A verification of death document is not required to contain a social security number of the deceased as is otherwise required of a certificate of death under paragraph (a) of this subsection (1).

(d) [Editor's note: Subsection (1)(d) is effective July 1, 2025.] If a certificate of death, copy of certificate of death, certified copy of a certificate of death, or verification of death is recorded into the real estate records of a county clerk and recorder, the document is a public record.

(2) When a death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international air space or in a foreign country or its air space and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, but the certificate shall show the actual place of death insofar as can be determined.

(3) (a) The funeral director or person acting as such who first assumes custody of a dead body, stillborn fetus, or dead fetus is responsible for the filing of the certificate of death required by subsection (1) of this section within seventy-two hours after receipt of the electronic death registration request unless the physician, their associate physician, the chief medical officer of the institution in which the death occurred, or the physician who performs an autopsy upon the decedent is unable to complete the medical certification for the certificate of death within the required time frame. The funeral director shall obtain the personal data required by the certificate from the next of kin or the best qualified person or source available. The funeral director shall obtain the medical certification necessary to complete the portion of the certificate pertaining to the cause of death from the best qualified person or source available, pursuant to subsection (4) of this section.

(a.5) (I) Except as otherwise provided in subsection (3)(a.5)(II) of this section, if a decedent had an established primary care physician, the primary care physician is responsible for completing the medical certification for the certificate of death in accordance with subsections (1)(a) and (4) of this section if:

(A) The death appears to be due to natural causes and is determined as such with a reasonable degree of medical certainty;

(B) The decedent received medical care from the primary care physician within a year of the death;

(C) The death occurred when the decedent was not under the direct care of another physician charged with the patient's care during the illness or condition that resulted in death; and

(D) An inquiry is not required by section 30-10-606.

(II) If, within a year of the death, the decedent had been treated by a physician other than the decedent's established primary care physician for a chronic condition or terminal illness related to the decedent's death and the conditions set forth in subsections (3)(a.5)(I)(A) and (3)(a.5)(I)(D) of this section are met, that physician is responsible for completing the medical certification for the certificate of death in accordance with subsection (4) of this section.

(b) In the case of a stillborn fetus, notwithstanding the provisions of paragraph (a) of this subsection (3), the physician, nurse, or other medical personnel attending to the stillborn death may assume responsibility for filing the death certificate required by paragraph (a) of this subsection (3). The person filing the death certificate in the case of a stillborn fetus shall obtain the personal data required by the certificate from a parent and shall include a name on the death certificate if a parent desires to identify a name.

(c) If a death certificate is not filed in the case of a stillborn death as required by paragraph (a) of this subsection (3), a parent may inform the state registrar of the information necessary to complete the death certificate. The state registrar shall confirm such information and complete the death certificate accordingly.

(4) Except when inquiry is required by any provision of section 30-10-606 other than section 30-10-606 (1)(b), the physician in charge of the patient's care for the illness or condition that resulted in death shall complete the medical certification for the certificate of death within seventy-two hours after receipt of the electronic death registration request or, before March 1, 2024, only, for a physician who is not yet registered to use and using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section, within seventy-two hours after receiving notice that a medical certification for a certificate of death must be completed. In the absence of said physician or with the physician's approval, the certificate may be completed and signed by an associate physician, by the chief medical officer of the institution in which the death occurred, or by the physician who performed an autopsy upon the decedent, if such individual has access to the medical history of the case, if said individual views the decedent at or after the time of death, and if the death is due to natural causes. If the death is or may be due to unnatural causes, a physician required to complete a medical certification for a certificate of death in accordance with this subsection (4) shall notify the coroner or the medical examiner when an inquiry or an autopsy is required to be performed pursuant to sections 30-10-606 and 30-10-606.5. On and after March 1, 2024, a physician's repeated or willful failure without reasonable cause to comply with timely completion of a medical certification for a certificate of death in accordance with subsection (1)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, the physician or, in their absence, their designee in accordance with this subsection (4), shall complete the medical certification for a certificate of death required by this subsection (4) using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.

(4.5) The department of public health and environment shall ensure that all physicians are registered to use the electronic death registration system created and used pursuant to subsection (1)(b)(I) of this section on or before March 1, 2024. A physician shall use the system for all medical certifications for certificates of death required by subsection (4) of this section immediately upon being registered but is not required to do so before being registered.

(5) (a) When inquiry is required by section 30-10-606, the coroner shall determine the cause of death and shall complete and sign the medical certification within forty-eight hours after receipt of the electronic death registration request, except as permitted by subsection (5.5) of this section. If an autopsy is performed, the certification must indicate whether the decedent was pregnant at the time of death, and the information must be reported on the certificate of death as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, a coroner, medical examiner, forensic pathologist, or other qualified individual that determines the cause of death and completes the medical certification for a certificate of death in accordance with this subsection (5) must use the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.

(b) A coroner, medical examiner, forensic pathologist, or other qualified individual who completes the medical certification for a certificate of death pursuant to this subsection (5) or subsection (5.5) or (6) of this section shall not register "excited delirium" as the cause of death.

(c) For purposes of this subsection (5), "excited delirium" means a term used to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. "Excited delirium" also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.

(5.5) A coroner is not required to comply with subsection (5) of this section if the coroner, in good faith, determines that additional time is needed to make a proper inquiry to determine the cause and manner of death of any individual in the coroner's jurisdiction who has died under any circumstance specified in section 30-10-606 (1) or if the coroner is required to perform a forensic autopsy as required by section 30-10-606.5. In these situations, a coroner shall determine the cause of death and shall complete and sign the medical certification for a certificate of death as soon as is practicable and in accordance with subsection (6) of this section.

(6) If the cause of death cannot be determined within forty-eight hours after a death, the medical certification shall be completed as provided by rule. If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. The attending physician or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, final disposition of the body shall not be made until authorized by the coroner or the coroner's designee.

(7) When a death is presumed to have occurred within Colorado but the body cannot be located, a death certificate may be prepared by the state registrar upon receipt of an order of a court of competent jurisdiction which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "presumptive" and shall show on its face the date of registration and shall identify the court and the date of decree.

(8) Every funeral establishment shall maintain registration with the office of the state registrar and shall act in accordance with the provisions of this article.

(9) (a) If an autopsy is performed, a certificate of death shall identify whether the decedent was pregnant at the time of death.

(b) The requirement in this subsection (9) and subsections (4), (5), and (6) of this section to indicate whether the decedent was pregnant at the time of death shall be complied with when the person required to make the designation has access to the certification form that permits compliance.

(10) Whenever in the Colorado Revised Statutes the terms "certificate of death" or "death certificate" are used, except as to the initial certificate of death required pursuant to paragraph (a) of subsection (1) of this section, the same two terms include a verification of death document that is certified by the state registrar and issued pursuant to paragraph (c) of subsection (1) of this section.

(11) A deadline set forth in this section by which an individual is required to complete an action relating to a certificate of death or a medical certification for a certificate of death is extended by one day per day of closure if the business or facility at which the individual is employed is actually closed for an entire calendar day that is a weekend day or a legal holiday. Such a deadline is not extended if the business or facility is open for any portion of such a calendar day or if the business or facility is closed for an entire calendar day that is not a weekend day or a legal holiday.
C.R.S. § 25-1-1506 — CO Code / Title 25 / Article 1 / Part 15 / Section 25-1-1506
25-1-1506. Department - fiscal agent
Status: in_force

25-1-1506. Department - fiscal agent. (1) The department may, as necessary:

(a) Act as fiscal agent for the council;

(b) Receive gifts, grants, or donations from the council or facilitator for use by the council;

(c) Host the council's web page or website; and

(d) Provide meeting space and other administrative supports to the council.
C.R.S. § 25-7-122.6 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-122.6
25-7-122.6. Administrative and judicial stays
Status: in_force

25-7-122.6. Administrative and judicial stays. (1) Except with respect to emergency orders issued pursuant to sections 25-7-112 and 25-7-113, and delayed compliance orders issued pursuant to section 25-7-118, any person to whom an order has been issued by the division or the commission, or against whom an adverse determination has been made, may petition the commission or the district court for the district in which is located the air pollution source affected, as appropriate, for a stay of the effectiveness of such order or determination.

(2) Such petitions may be filed prior to any such order or determination becoming final or during any period in which such order or determination is under judicial review.

(3) Such stay shall be granted if there is probable cause to believe:

(a) That the movant will suffer irreparable harm if the motion is denied;

(b) That there will be no irreparable harm to human health, welfare, or the environment if the motion is granted; and

(c) That the movant will succeed on the merits of its case.

(4) Such order shall be stayed pending a final determination of the petition.
C.R.S. § 25-7-109.6 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-109.6
25-7-109.6. Accidental release prevention program
Status: in_force

25-7-109.6. Accidental release prevention program. (1) The commission may promulgate such rules, regulations, and procedures as are necessary to establish and implement an accidental release prevention program consistent with and no sooner than the requirements of section 112 (r) of the federal act, including release prevention, detection, and correction requirements which may include monitoring, record-keeping, reporting, training, vapor recovery, secondary containment, and other design, equipment, work practice, and operational requirements.

(2) For purposes of this section:

(a) "Accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance, defined pursuant to the federal act, into the ambient air from a stationary source;

(b) "Regulated substance" means those substances listed by the administrator pursuant to section 112 (r)(3) of the federal act;

(c) "Stationary source" means any buildings, structures, equipment, installations, or substance emitting stationary activities:

(I) Which belong to the same industrial group;

(II) Which are located on one or more contiguous properties;

(III) Which are under the control of the same person (or persons under common control); and

(IV) From which an accidental release may occur.

(d) "Threshold quantity" shall have the same meaning as defined in section 112 (r) of the federal act.

(3) As appropriate, rules, regulations, and procedures promulgated pursuant to this section shall:

(a) Consider the use, operation, repair, replacement, and maintenance of equipment to monitor, detect, inspect, and control such releases, including training of persons in the use and maintenance of such equipment and the conduct of periodic inspections;

(b) Include procedures and measures for emergency response after an accidental release of a regulated substance in order to protect human health and the environment;

(c) Cover storage, as well as operations;

(d) As appropriate, recognize differences in size, operations, processes, classes, and categories of sources and the voluntary actions of such sources to prevent accidental releases and respond to such releases;

(e) Require the owner or operator of stationary sources at which a threshold quantity of a regulated substance is present to prepare and implement a risk management plan to detect and prevent or minimize accidental releases of such substances from the stationary source, and to provide a prompt emergency response to any such releases in order to protect human health and the environment. Such plan shall provide for compliance with the requirements of this subsection (3) and shall also include each of the following:

(I) A hazard assessment, to be updated periodically and registered with the division, the United States environmental protection agency, and other appropriate local agencies, to assess the potential effects of an accidental release of any regulated substance;

(II) A program for preventing accidental releases of regulated substances, including safety precautions and maintenance, monitoring, and employee training measures to be used at the sources; and

(III) A response program providing for specific actions to be taken in response to an accidental release of a regulated substance so as to protect human health and the environment, including procedures for informing the public and local agencies responsible for responding to accidental releases, emergency health care, and employee training measures.

(f) Coordinate notification, reporting, and response requirements between federal, state, and local agencies to avoid duplicate notification and reporting requirements and to integrate emergency response plans.

(4) In addition to any other action taken, when the division determines that there may be an imminent and substantial endangerment to the human health or welfare or the environment because of an actual or threatened accidental release of a regulated substance, the division may take action pursuant to sections 25-7-112 and 25-7-113.

(5) The implementation and effectiveness of this section shall be contingent on the receipt of funding from the federal government in sufficient amount to totally fund the division's costs in implementing this section; except that the small business stationary source technical and environmental compliance assistance program shall be funded as provided in section 25-7-114.7.
C.R.S. § 25-15-405 — CO Code / Title 25 / Article 15 / Part 4 / Section 25-15-405
25-15-405. Appropriate treatment and disposal - nonliability
Status: in_force

25-15-405. Appropriate treatment and disposal - nonliability. (1) A generator of infectious waste using an appropriate treatment method with appropriate documentation as provided in section 25-15-404 (2) and, in good faith, utilizing disposal facilities for such waste shall not be civilly or criminally liable for injuries or damages allegedly resulting from the infectious character of such waste; except that any generator who does not use an appropriate treatment method or any generator who fails to utilize disposal facilities in good faith shall not be relieved of civil or criminal liability.

(2) When any infectious waste has been appropriately treated, the generator shall either identify it as such or provide the hauler and disposal facility with a written statement that its general waste includes infectious waste which has been appropriately treated to render it noninfectious.
C.R.S. § 25-1.5-102 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-102
25-1.5-102. Epidemic and communicable diseases - powers and duties of department - rules - d
Status: in_force

25-1.5-102. Epidemic and communicable diseases - powers and duties of department - rules - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a) (I) To investigate and control the causes of epidemic and communicable diseases affecting the public health.

(II) For the purposes of this paragraph (a), the board shall determine, by rule and regulation, those epidemic and communicable diseases and conditions that are dangerous to the public health. The board is authorized to require reports relating to such designated diseases in accordance with the provisions of section 25-1-122 and to have access to medical records relating to such designated diseases in accordance with the provisions of section 25-1-122.

(III) For the purposes of this paragraph (a), "epidemic diseases" means cases of an illness or condition, communicable or noncommunicable, in excess of normal expectancy, compared to the usual frequency of the illness or condition in the same area, among the specified population, at the same season of the year. A single case of a disease long absent from a population may require immediate investigation.

(IV) For the purposes of this paragraph (a), "communicable diseases" means an illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment.

(b) (I) To investigate and monitor the spread of disease that is considered part of an emergency epidemic as defined in section 24-33.5-703 (4) to determine the extent of environmental contamination resulting from the emergency epidemic, and to rapidly provide epidemiological and environmental information to the governor's expert emergency epidemic response committee, created in section 24-33.5-704.5.

(II) Except as otherwise directed by executive order of the governor, the department shall exercise its powers and duties to control epidemic and communicable diseases and protect the public health as set out in this section.

(III) The department may accept and expend federal funds, gifts, grants, and donations for the purposes of an emergency epidemic or preparation for an emergency epidemic.

(IV) When a public safety worker, emergency medical service provider, peace officer, or staff member of a detention facility has been exposed to blood or other bodily fluid which there is a reason to believe may be infectious with hepatitis C, the state department and county, district, and municipal public health agencies within their respective jurisdictions shall assist in evaluation and treatment of any involved persons by:

(A) Accessing information on the incident and any persons involved to determine whether a potential exposure to hepatitis C occurred;

(B) Examining and testing such involved persons to determine hepatitis C infection when the fact of an exposure has been established by the state department or county, district, or municipal public health agency;

(C) Communicating relevant information and laboratory test results on the involved persons to such persons' attending physicians or directly to the involved persons if the confidentiality of such information and test results is acknowledged by the recipients and adequately protected, as determined by the state department or county, district, or municipal public health agency; and

(D) Providing counseling to the involved persons on the potential health risks resulting from exposure and the available methods of treatment.

(V) The employer of an exposed person shall ensure that relevant information and laboratory test results on the involved person are kept confidential. Such information and laboratory results are considered medical information and protected from unauthorized disclosure.

(VI) For purposes of this paragraph (b), "public safety worker" includes, but is not limited to, law enforcement officers, peace officers, and firefighters.

(c) To establish, maintain, and enforce isolation and quarantine, and, in pursuance thereof and for this purpose only, to exercise such physical control over property and the persons of the people within this state as the department may find necessary for the protection of the public health;

(d) To abate nuisances when necessary for the purpose of eliminating sources of epidemic and communicable diseases affecting the public health;

(e) For fiscal year 2022-23, the general assembly shall appropriate six million one hundred twenty thousand dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department. The department shall use this appropriation for recruitment and re-engagement efforts of workers in the health-care profession with current or expired licenses and staffing. Any money remaining at the end of the 2022-23 state fiscal year from this appropriation is further appropriated to the department for the purposes of this section. The department shall obligate and spend the money received pursuant to this subsection (1)(e) in accordance with section 24-75-226 (4)(d).

(2) Notwithstanding any other provision of law to the contrary, the department shall administer the provisions of this section regardless of an individual's race, religion, gender, ethnicity, national origin, or immigration status.
C.R.S. § 25-2-103 — CO Code / Title 25 / Article 2 / Section 25-2-103
25-2-103. Centralized registration system for all vital statistics - office of state regis
Status: in_force

25-2-103. Centralized registration system for all vital statistics - office of state registrar of vital statistics created - appointment of registrar - rules. (1) In order to provide for the maintenance of a centralized registry of the vital statistics of this state, the office of state registrar of vital statistics, referred to in this article 2 as the "state registrar", is created in the division of administration in the department of public health and environment. The state registrar is appointed by the state board of health and has such staff and clerical help as is reasonably required in the performance of the state registrar's duties. The state registrar and the staff and clerical help of the state registrar are subject to the state constitution and state personnel system laws. The office of the state registrar is a type 2 entity, as defined in section 24-1-105.

(2) The state board of health shall adopt, promulgate, amend, and repeal such rules and orders in accordance with the provisions of section 24-4-103, C.R.S., as are necessary and proper for carrying out the provisions of this article.

(3) (a) The state registrar shall direct and supervise the operation of the vital statistics system, prepare and publish annual reports of vital statistics, and administer and enforce the provisions of this article and all rules issued under this article.

(b) In conjunction with the requirements of paragraph (a) of this subsection (3), the state registrar shall collect the name of the provider of prenatal care, if any, and the name of the provider of initial delivery services and shall require that such information be reported on all birth certificates. In addition, whenever an investigation or inquest is conducted pursuant to section 30-10-606, C.R.S., concerning the death of a child under one year of age, the coroner shall forward the information described in this paragraph (b) to the state registrar for inclusion on the death certificate of the subject of the inquest or investigation.

(4) Federal, state, local, and other public or private agencies may, upon request, be furnished copies of records of data for statistical purposes upon such terms and conditions as may be prescribed by regulation.

(4.5) Notwithstanding any other provision of law that limits the sharing of vital statistics, after receiving the list of names and social security numbers of individuals who received property tax exemptions as either qualifying seniors or qualifying veterans with a disability for the prior year that is provided by the property tax administrator pursuant to section 39-3-207, the state registrar shall identify all individuals on the list who have died and transmit a list of the names and social security numbers of such individuals to the administrator.

(4.7) Notwithstanding any other provision of law that limits the sharing of vital statistics, after receiving the list of names and social security numbers of individuals who had property classified as qualified-senior primary residence real property that is provided by the property tax administrator pursuant to section 39-1-104.6 (5)(c), the state registrar shall identify all individuals on the list who have died and transmit a list of the names and social security numbers of such individuals to the administrator.

(5) The state registrar shall designate organized county, district, or municipal public health agencies established pursuant to part 5 of article 1 of this title and may establish or designate additional offices throughout Colorado to aid in the efficient administration of the system of vital statistics.

(6) The state registrar may:

(a) Require departments or offices so designated or established to comply with performance and accounting standards as set forth in rules promulgated by the state board of health;

(b) Delegate such functions and duties to the staff and clerical help and to any offices established or designated by the state registrar pursuant to this section as deemed necessary or expedient;

(c) Conduct training programs to promote the uniformity of the administration of this article throughout Colorado.
C.R.S. § 25-1-1503 — CO Code / Title 25 / Article 1 / Part 15 / Section 25-1-1503
25-1-1503. Colorado rare disease advisory council - creation
Status: in_force

25-1-1503. Colorado rare disease advisory council - creation. There is created in the department the Colorado rare disease advisory council. The purpose of the council is to study and make findings and recommendations to the general assembly, state agencies, and others, as appropriate, concerning the needs of individuals living in Colorado with rare diseases.
C.R.S. § 25-20.5-902 — CO Code / Title 25 / Article 20.5 / Part 9 / Section 25-20.5-902
25-20.5-902. Definitions
Status: in_force

25-20.5-902. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Colorado child abuse response and evaluation network" or "CARENetwork" means a network composed of a resource center, designated providers, and other community partners, including children's advocacy centers, that collaborate to develop and maintain a standardized, coordinated health-care response to the prevention and treatment of suspected physical or sexual abuse or neglect.

(2) "Designated provider" means a physician, nurse, advanced practice provider, or behavioral health provider who is licensed in this state and who meets the criteria established to be a designated provider in the CARENetwork.

(3) "Resource center" means a nationally recognized organization with board-certified specialists in the field of child abuse pediatrics and with expertise to establish standards of medical and behavioral health care for the CARENetwork and provide education and training for designated providers.
C.R.S. § 25-3-704 — CO Code / Title 25 / Article 3 / Part 7 / Section 25-3-704
25-3-704. Fees
Status: in_force

25-3-704. Fees. (1) The executive director shall annually determine the costs incurred by the department and the Colorado commission for hospital statistics in completing the requirements of this part 7.

(2) The executive director shall apportion, according to net patient service revenues, the costs annually among the hospitals who pay the annual registration fee required by this section and report the same to the state board of health. The state board of health by rule or as otherwise provided by law may increase the amount of the annual fee imposed by this section. At no time shall the fee be higher than what is necessary to implement the report required pursuant to this part 7.

(3) All fees collected pursuant to this part 7 shall be transmitted to the state treasurer, who shall credit the same to the health facilities general licensure cash fund created in section 25-3-103.1.

(4) Notwithstanding the amount specified for the fee in this section, the state board of health by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state board of health by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 25-5-510 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-510
25-5-510. Records of shipment
Status: in_force

25-5-510. Records of shipment. For the purpose of enforcing the provisions of this part 5, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the executive director, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates. Evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained; and carriers shall not be subject to the other provisions of this part 5 by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.
C.R.S. § 25-7-106 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-106
25-7-106. Commission - additional authority
Status: repealed

25-7-106. Commission - additional authority. (1) Except as provided in sections 25-7-130 and 25-7-131, the commission shall have maximum flexibility in developing an effective air quality control program and may promulgate such combination of regulations as may be necessary or desirable to carry out that program; except that such program and regulations shall be consistent with the legislative declaration set forth in section 25-7-102. Such regulations may include, but shall not be limited to:

(a) Classification and, as appropriate, reclassification of the state into attainment, nonattainment, and unclassifiable areas, and division of the state into such control regions or areas as may be necessary or desirable for effective administration of this article;

(b) Classification and definition of different degrees or types of air pollution;

(c) Emission control regulations that are applicable to the entire state, that are applicable only within specified areas or zones of the state, or that are applicable only when a specified class of pollution is present;

(d) Development of a high altitude performance adjustment program for motor vehicles to the extent authorized by section 215 of the federal act;

(e) Development of a control or prohibition respecting the use of a fuel or fuel additives in a motor vehicle or motor vehicle engine to the extent authorized by section 211(c) of the federal act if, based on sound scientific data, the commission finds that a measurable reduction in ambient concentrations of criteria pollutants or other pollutants shall occur.

(2) The commission may hold public hearings, issue notice of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths, and take such testimony as it deems necessary, all in conformity with article 4 of title 24, C.R.S., and with sections 25-7-110 and 25-7-119.

(3) The commission may adopt such rules and regulations in conformity with article 4 of title 24, C.R.S., governing procedures before the commission as may be necessary to assure that hearings before the commission will be fair and impartial.

(4) (a) In the event the commission, after hearing, finds and determines that a particular style or model of automobile air pollution control device is not sufficiently effective to justify the continued connection and operation of such device, the commission shall so notify the department of revenue; thereafter, all devices of such particular style or model shall be exempt from the provisions of section 42-4-314, C.R.S.

(b) Repealed.

(4.1) Repealed.

(5) The commission may exercise all incidental powers necessary to carry out the purposes of this article.

(6) The commission may require the owner or operator, or both, of any air pollution source to:

(a) Establish and maintain reports as prescribed by the commission;

(b) Install, use, and maintain monitoring equipment or methods as prescribed by the commission;

(c) Record, monitor, and sample emissions in accordance with such methods, at such locations, at such intervals, and in such manner as the commission shall prescribe;

(d) Provide such other information as the commission may require.

(7) (a) The commission is specifically authorized and directed to develop a program to apply and enforce every relevant provision of the state implementation plan and every relevant emission control strategy to minimize emissions, including the impacts of actions by significant users of prescribed fire, including federal, state, and local government, and private land managers that are significant users of prescribed fire. The program developed by the commission under this subsection (7) shall include, but not be limited to, the imposition of any fees necessary to administer the program, including the recovery of costs by the state for the evaluation of planning documents pursuant to subsection (8) of this section, and the imposition of penalties pursuant to section 25-7-122.

(b) The general assembly hereby finds, determines, and declares that the Grand Canyon visibility transport commission's recommendations for improving western vistas report identified the emissions from fire, both wildfire and prescribed fires, as likely to have the single greatest impact on visibility at class I areas through the year 2040. The emissions from fire, both wildfire and prescribed fire, are an important episodic contributor to visibility impairing aerosols. The Grand Canyon visibility transport commission report identified that significant amounts of visibility impairment result from activities on federal lands, from mobile sources, and from Mexico.

(c) The general assembly further finds, determines, and declares that emissions from grassland and forest fires have substantial episodic impacts on ambient air quality throughout the state and are a major source of visibility impairment over which this state has jurisdiction but has not yet developed a comprehensive program to reduce such impairment.

(d) The general assembly further finds, determines, and declares that the standard in its statement of legislative purpose in section 25-7-102 of the "Colorado Air Pollution Prevention and Control Act" requiring the use of all practical methods that are technologically feasible and economically reasonable so as to reduce, prevent, and control air pollution is an appropriate standard to apply in relation to air pollution emissions resulting from the use of prescribed fire in grassland and forest management.

(e) This subsection (7) and subsection (8) of this section are adopted pursuant to section 118 of the federal act and shall be construed to exercise the full extent of the state's authority as granted by the provisions of said federal act. The federal government, as the only landowner of its size in the state and the only landowner in the state other than the state government itself that routinely prepares plans involving the management of grassland and forest lands using prescribed fire, is appropriately subject to the requirements of this section pertaining to review and approval of planning documents.

(f) Persons owning or managing large parcels of land who significantly use prescribed fire as a grassland or forest management tool shall prepare plans addressing the use and role of prescribed fire and the air quality impacts resulting therefrom, and such plans are appropriately subject to the review requirements of this section. The state, by reviewing these types of plans, can achieve significant progress towards cooperatively reducing emissions from those lands that impact visibility in Colorado.

(g) As used in this subsection (7) and in subsection (8) of this section, the term "significant user of prescribed fire" means a federal, state, or local agency or significant management unit thereof or person that collectively manages or owns more than ten thousand acres of grasslands or forest lands within the state of Colorado and that uses prescribed fire. The adoption of a fire management plan by a local or county unit of government pursuant to section 30-11-124, C.R.S., does not constitute management for purposes of this section unless the county or local unit of government owns or manages more than ten thousand acres and is a significant user of prescribed fire. "Prescribed fire" means fire that is intentionally used for grassland or forest management, regardless of whether the fire is caused by natural or human sources. Prescribed fire does not include open burning in the course of agricultural operations and does not include open burning for the purpose of maintaining water conveyance structures, unless the commission acts pursuant to section 25-7-123. The commission shall by rule exempt from the program developed pursuant to this subsection (7) those sources that have an insignificant impact on visibility and air quality.

(8) (a) The commission, in exercising the powers conferred by subsection (7) of this section and this subsection (8), shall require all significant users of prescribed fire, including federal agencies for activities directly conducted by or on behalf of federal agencies on federal lands, to minimize emissions using all available, practicable methods that are technologically feasible and economically reasonable in order to minimize the impact or reduce the potential for such impact on both the attainment and maintenance of national ambient air quality standards and the achievement of federal and state visibility goals.

(b) (I) In order to ensure compliance with the requirements of paragraph (a) of this subsection (8), significant users of prescribed fire shall submit planning documents to the commission. The commission shall then conduct a public hearing to review each planning document submitted relevant to achieving the goal of minimizing emissions and impacts as set forth in paragraph (a) of this subsection (8). Only one hearing shall be held for each planning document. The commission shall hold a hearing and complete its review of the planning documents submitted by any significant user of prescribed fire within forty-five days of their receipt by the commission, unless otherwise agreed to by the significant user of prescribed fire.

(II) As used in this paragraph (b), "planning documents" means documents that summarize the use of prescribed fire as a grassland or forest management tool and the associated discharge or release of air pollution and that demonstrate how compliance with the state standard expressed in section 25-7-102 shall be achieved. "Planning documents" shall include land management plans or a summary of the equivalent information that explains and supports the land management criteria evaluated and the decision to use prescribed fire as the fuel treatment method. Planning documents shall include a discussion of the alternatives considered and a discussion of how prescribed fire, if selected, minimizes the risk of wildfire.

(III) The commission shall have discretion to adopt rules governing the resubmission of planning documents to prevent such plans from becoming outdated.

(c) Following a public hearing, the commission shall comment and make recommendations to the significant user of prescribed fire regarding any changes to elements of the plan relating to the discharge or release of air pollutants that the commission finds necessary to comply with the state standard expressed in section 25-7-102.
C.R.S. § 25-4-402 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-402
25-4-402. Definitions
Status: in_force

25-4-402. Definitions. As used in this part 4:

(1) "Executive director" means the executive director of the state department.

(2) "Health-care provider" means a person whose vocation or profession is related to the maintenance of individuals' health or anyone who provides diagnostic screening tests, medical treatment, or other medical services.

(3) "Health officer" means the executive director of the state department, the chief medical officer appointed pursuant to section 25-1-105, or a local director.

(4) "HIV" means human immunodeficiency virus.

(5) "Local director" has the same meaning as set forth in section 25-1-502 for "public health director".

(6) "Local public health agency" means a county or district public health agency established pursuant to section 25-1-506 or a local department of public health.

(7) "Medical emergency" means an acute injury, illness, or exposure that poses an immediate risk to a person's life or long-term health, such that the absence of immediate medical attention could reasonably be expected to result in placing the person's health in serious jeopardy, including a serious impairment to bodily function or a serious dysfunction of any bodily organ or part.

(7.5) "Mental health professional" means:

(a) A psychologist, a social worker, a marriage and family therapist, a licensed professional counselor, an unlicensed psychotherapist, or an addiction counselor licensed, registered, certified, or otherwise regulated pursuant to article 245 of title 12; or

(b) A psychologist candidate, a clinical social worker candidate, a marriage and family therapist candidate, a licensed professional counselor candidate, or an addiction counselor candidate registered pursuant to section 12-245-304 (3), 12-245-404 (4), 12-245-504 (4), 12-245-604 (4), or 12-245-804 (3.7), respectively.

(8) "Minor", unless otherwise specified, means a person who is under eighteen years of age.

(9) "Public safety workers" includes law enforcement officers, peace officers, emergency service providers, and firefighters.

(10) "Sexually transmitted infection" refers to chlamydia, syphilis, gonorrhea, HIV, and relevant types of hepatitis, as well as any other sexually transmitted infection, regardless of mode of transmission, as designated by the state board by rule upon making a finding that the particular sexually transmitted infection is contagious.

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

(12) "State department" means the state department of public health and environment established in section 25-1-102.

(13) "Test" means any diagnostic, screening, or other test that may be provided in a health-care or community-based environment.

(14) "Victim" has the same meaning as defined in section 24-4.1-302 (5), C.R.S.
C.R.S. § 25-5-202 — CO Code / Title 25 / Article 5 / Part 2 / Section 25-5-202
25-5-202. Definitions
Status: in_force

25-5-202. Definitions. As used in this part 2, unless the context otherwise requires:

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

(2) "Flour" includes and is limited to the foods commonly known in the milling and baking industries as:

(a) White flour, also known as wheat flour or plain flour;

(b) Bromated flour;

(c) Self-rising flour, also known as self-rising white flour or self-rising wheat flour; and

(d) Phosphated flour, also known as phosphated white flour or phosphated wheat flour, which includes whole wheat flour but excludes special flours not used for bread, roll, bun, or biscuit baking, such as specialty cake, pancake, and pastry flours.

(3) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any group of persons, whether incorporated or not, engaged in the commercial manufacture or sale of flour, white bread, or rolls.

(4) "Rolls" includes plain white rolls and buns of the semibread dough type, namely: Soft rolls, such as hamburger rolls, hot dog rolls, and parker house rolls; and hard rolls, such as Vienna rolls and kaiser rolls. It does not include yeast-raised sweet rolls or sweet buns made with fillings or coatings, such as cinnamon rolls or buns and butterfly rolls.

(5) "White bread" means any bread made with flour, as defined in paragraph (a) of subsection (2) of this section, whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as white bread, including Vienna bread, French bread, and Italian bread.
C.R.S. § 25-2-111.5 — CO Code / Title 25 / Article 2 / Section 25-2-111.5
25-2-111.5. Transfer of fetal tissue from induced termination of pregnancy - legislative dec
Status: in_force

25-2-111.5. Transfer of fetal tissue from induced termination of pregnancy - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the United States congress enacted 42 U.S.C. sec. 289g-2, prohibiting the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration if the transfer affects interstate commerce. The general assembly determines and declares that the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration affects intrastate commerce and is not in the public interest of the residents of Colorado. Therefore, the general assembly finds, determines, and declares that the exchange for valuable consideration of human fetal tissue should be prohibited.

(2) (a) No physician or institution that performs procedures for the induced termination of pregnancy shall transfer such tissue for valuable consideration to any organization or person that conducts research using fetal tissue or that transplants fetal tissue for therapeutic purposes. For the purposes of this section, "valuable consideration" includes, but is not limited to:

(I) Any lease-sharing agreement in excess of the current market value for commercial rental property for the area in which the physician's or institution's place of business is located;

(II) Any lease-sharing agreement that is based on the term or number of induced terminations of pregnancy performed by such physician or institution;

(III) Any moneys, gifts in lieu of money, barter arrangements, or exchange of services that do not constitute reasonable payment associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue as defined in 42 U.S.C. sec. 289g-2; or

(IV) Any agreement to purchase fetal tissue for a profit.

(b) Nothing in this subsection (2) shall prevent the disposition of fetal tissue from an induced termination of pregnancy pursuant to part 4 of article 15 of this title.

(3) Any physician or institution that violates subsection (2) of this section shall be fined by the state registrar not more than ten thousand dollars, depending upon the severity of the violation.

(4) The department of public health and environment may promulgate rules related to enforcement activities necessary to implement subsections (2) and (3) of this section.
C.R.S. § 25-3-101 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-101
25-3-101. Hospitals - health facilities - licensed - definitions
Status: in_force

25-3-101. Hospitals - health facilities - licensed - definitions. (1) [Editor's note: This version of subsection (1) is effective until July 1, 2026.] It is unlawful for any person, partnership, association, or corporation to open, conduct, or maintain any general hospital; hospital unit; freestanding emergency department as defined in section 25-1.5-114; psychiatric hospital; community clinic; rehabilitation hospital; convalescent center; facility for persons with developmental disabilities, as defined in section 25-1.5-103 (2)(c); nursing care facility; hospice care; assisted living residence, except an assisted living residence shall be assessed a license fee as set forth in section 25-27-107; dialysis treatment clinic; ambulatory surgical center; birthing center; home care agency; or other facility of a like nature, except those wholly owned and operated by any governmental unit or agency, without first having obtained a license from the department.

(1) [Editor's note: This version of subsection (1) is effective July 1, 2026.] It is unlawful for any person, partnership, association, or corporation to open, conduct, or maintain any general hospital; hospital unit; freestanding emergency department as defined in section 25-1.5-114; critical access hospital as defined in section 25-1.5-114.5; psychiatric hospital; community clinic; rehabilitation hospital; convalescent center; facility for persons with developmental disabilities as defined in section 25-1.5-103 (2)(c); nursing care facility; hospice care; assisted living residence, except an assisted living residence shall be assessed a license fee as set forth in section 25-27-107; dialysis treatment clinic; ambulatory surgical center; birthing center; home care agency; or other facility of a like nature, except those wholly owned and operated by a governmental unit or agency, without first having obtained a license from the department.

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

(a) (I) "Community clinic" means a health-care facility that provides health-care services on an ambulatory basis, is neither licensed as an on-campus department or service of a hospital nor listed as an off-campus location under a hospital's license, and meets at least one of the following criteria:

(A) Operates inpatient beds at the facility for the provision of extended observation and other related services for not more than seventy-two hours;

(B) Provides emergency services at the facility and is not otherwise required to obtain licensure as a freestanding emergency department in accordance with section 25-1.5-114; or

(C) Is not otherwise subject to health facility licensure under this section or section 25-1.5-103 but opts to obtain licensure as a community clinic in order to receive private donations, grants, government funds, or other public or private reimbursement for services rendered.

(II) "Community clinic" includes a prison clinic operated by the department of corrections.

(III) "Community clinic" does not include:

(A) A federally qualified health center, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4);

(B) A rural health clinic, as defined in section 1861 (aa)(2) of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(2);

(C) A facility that functions only as an office for the practice of medicine or the delivery of primary care services by other licensed or certified practitioners; or

(D) A freestanding emergency department, as defined in and required to be licensed under section 25-1.5-114.

(b) "Hospital unit" means a physical portion of a licensed or certified general hospital, psychiatric hospital, maternity hospital, or rehabilitation hospital that is leased or otherwise occupied pursuant to a contractual agreement by a person other than the licensee of the host facility for the purpose of providing outpatient or inpatient services.

(3) Nothing in this section shall be construed to require the licensing of individual services provided by a licensed or certified provider on its own premises.

(4) A health-care facility is not required to be licensed as a community clinic solely due to the facility's ownership status, corporate structure, or engagement of outside vendors to perform nonclinical management services. This section permits regulation of a physician's office only to the extent the office is a community clinic as defined in this section.
C.R.S. § 25-15-301.5 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-301.5
25-15-301.5. Additional powers of department - legislative declaration - report
Status: in_force

25-15-301.5. Additional powers of department - legislative declaration - report. (1) The general assembly hereby finds, determines, and declares that the hazardous waste control program shall be implemented to protect human health and the environment in a manner that:

(a) Maintains program authorization by the federal government;

(b) Promotes a community ethic to reduce or eliminate waste problems;

(c) Is credible and accountable to industry and the public;

(d) Is innovative and cost-effective; and

(e) Protects the environmental quality of life for impacted residents as required by other provisions of this part 3 and rules promulgated in connection therewith.

(2) The department shall develop, implement, and continuously improve policies and procedures for carrying out its statutory responsibilities at the lowest possible cost without jeopardizing the intent stated in subsection (1) of this section. At a minimum, these policies and procedures shall, to the extent practicable, include the following:

(a) Establish cost-effective level-of-effort guidelines for reviewing submittals including, but not limited to, permit applications and corrective action plans, to assure conformity with regulatory requirements, taking into consideration the degree of risk addressed and the complexity of the issues raised;

(b) Establish cost-effective level-of-effort guidelines for performing inspections that focus on major violations of regulatory requirements that pose an immediate and significant threat to human health and the environment;

(c) Streamline the corrective action process with features that include, without limitation, the following:

(I) Cost-effective level-of-effort guidelines for site investigations and remediation that focus on result-based outcomes and performance-based oversight by the department;

(II) Cost-effective level-of-effort guidelines for reviewing site investigation reports and corrective action plans;

(III) The use of enforceable institutional controls to avoid unnecessary cleanup costs; and

(IV) Realistic cleanup standards that address actual risk to human health and the environment on a site-specific basis and that take into account any applicable institutional controls.

(d) Establish cost-effective level-of-effort guidelines for enforcement activities;

(e) Establish schedules for timely completion of department activities including, but not limited to, submittal reviews, inspections and inspection reports, and corrective action activities;

(f) Establish a prioritization methodology for completing activities that focuses on actual risk to human health and the environment;

(g) Establish a preference for compliance assistance with at least ten percent of the annual budget amount being allocated to compliance assistance efforts;

(h) Establish a preference for alternative dispute resolution mechanisms to timely resolve disputed issues; and

(i) Establish a mechanism that continually values and provides incentives for further improvements in the policies and procedures of the department.

(3) Notwithstanding section 24-1-136 (11)(a)(I), the department is directed to submit a report to the general assembly on or before February 1, 2002, and annually on or before each February 1 thereafter that describes the status of the hazardous waste control program, the department's efforts to carry out its statutory responsibilities at the lowest possible cost without jeopardizing the intent stated in subsection (1) of this section, and the department's implementation of the authority to accept environmental covenants created pursuant to section 25-15-321.
C.R.S. § 25-8.5-110 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-110
25-8.5-110. Powers of board - organization - administration
Status: in_force

25-8.5-110. Powers of board - organization - administration. (1) The board has the following powers relating to carrying on the affairs of the authority:

(a) To organize, adopt bylaws and rules of procedure, and select a chairman and chairman pro tempore;

(b) To make and pass resolutions and orders which are necessary for the governance and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying out the provisions of this article;

(c) To fix the location of the principal place of business of the authority and the location of all offices maintained under this article;

(d) To prescribe by resolution a system of business administration, to create any and all necessary offices, to establish the powers and duties and compensation of all employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority;

(e) To appoint and retain employees, agents, and consultants to make recommendations, coordinate authority activities, conduct routine business of the authority, and act on behalf of the authority under such conditions and restrictions as shall be fixed by the board;

(f) To prescribe a method of auditing and allowing or rejecting claims and demands and a method for the letting of contracts on a fair and competitive basis for the construction of works, structures, or equipment or for the performance or furnishing of such labor, materials, or supplies as may be required for the carrying out of any of the purposes of this article.
C.R.S. § 25-4-1810 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1810
25-4-1810. Enforcement
Status: in_force

25-4-1810. Enforcement. (1) The department or its designee shall enforce the provisions of this part 18.

(2) (a) If the department has reasonable cause to believe a violation of any provision of this part 18 or any rule adopted pursuant to this part 18 has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall require a person to cease violating any provision of this part 18 or any rule promulgated pursuant to this part 18.

(b) A cease-and-desist order shall set forth the provisions alleged to have been violated, the facts constituting the violation, and the requirement that all violating actions immediately cease.

(c) (I) At any time after service of the order to cease and desist, the person for whom such order was served may request, at such person's discretion, a prompt hearing to determine whether or not such violation has occurred.

(II) A hearing held pursuant to this paragraph (c) shall be conducted in conformance with the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.

(3) If the department possesses sufficient evidence to indicate that a person has engaged in any act or practice constituting a violation of this part 18 or of any rule adopted under this part 18, the department may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this part 18 or any rule or order under this part 18. In any such action, the department shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. The court shall not require the department to post a bond.
C.R.S. § 25-15-313 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-313
25-15-313. Right to claim reimbursement
Status: in_force

25-15-313. Right to claim reimbursement. (1) A public entity, political subdivision of the state, or unit of local government is hereby given the right to claim reimbursement from the parties or persons responsible for the hazardous waste abandonment or hazardous waste spill for costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous waste abandonment or hazardous waste spill.

(2) As used in this section, "abandonment" means the act of leaving a thing with the intent not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.

(3) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.

(4) Claims for reimbursement made pursuant to this section shall be in accordance with article 22 of title 29, C.R.S.
C.R.S. § 25-17-715 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-715
25-17-715. Producer responsibility program for statewide recycling administration fund - cr
Status: in_force

25-17-715. Producer responsibility program for statewide recycling administration fund - creation - purpose. (1) There is hereby created in the state treasury the producer responsibility program for statewide recycling administration fund, referred to in this section as the "fund". The fund consists of all producer responsibility dues transferred to the fund pursuant to this section and money that the general assembly transfers to the fund for use by the department. The organization shall transmit a portion of the producer responsibility dues to the state treasurer for deposit in the fund for purposes of reimbursing:

(a) The department, including the advisory board, for the reasonable costs incurred in administering and implementing any portion of this part 7; and

(b) The department for the reasonable costs incurred in enforcing this part 7 pursuant to section 25-17-710.

(2) (a) By June 30, 2026, the department shall notify the organization of the costs in administering, implementing, and enforcing this part 7 since August 10, 2022.

(b) By June 30 of each year after June 30, 2026, the department shall notify the organization of the costs of administering, implementing, and enforcing this part 7 during the immediately preceding year.

(c) Upon receipt of the department's cost accounting, the organization shall transmit to the state treasurer, for deposit in the fund, an amount of producer responsibility dues necessary to reimburse the department for its costs.

(3) The general assembly shall annually appropriate money from the fund to the department for the purposes set forth in subsection (1) of this section.

(4) All unexpended and unencumbered money in the fund at the end of any state fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund. All interest derived from the deposit and investment of money in the fund remains in the fund and does not revert to the general fund.
C.R.S. § 25-20.5-302 — CO Code / Title 25 / Article 20.5 / Part 3 / Section 25-20.5-302
25-20.5-302. Program
Status: in_force

25-20.5-302. Program. (1) There is hereby created, in the prevention services division of the department, the cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment program for the purpose of assisting in the implementation of the state's strategic plans regarding cancer and cardiovascular disease. The program shall fund competitive grants to provide a cohesive approach to cancer, cardiovascular disease, and chronic pulmonary disease prevention, early detection, and treatment in Colorado. The division shall administer the program with the goal of developing a comprehensive approach that will bring together stakeholders at the community and state level who are interested in impacting cancer, cardiovascular disease, or chronic pulmonary disease. Grant applications shall address at least one of the following program criteria:

(a) Translating evidence-based strategies regarding the prevention and early detection of cancer, cardiovascular disease, and chronic pulmonary disease into practical application in health-care, workplace, and community settings;

(b) Providing appropriate diagnosis and treatment services for anyone who has abnormalities discovered in screening and early detection programs;

(c) Implementing education programs for the public and health-care providers regarding the prevention, early detection, and treatment of cancer, cardiovascular disease, and chronic pulmonary disease; and

(d) Providing evidence-based strategies to overcome health disparities in the prevention and early detection of cancer, cardiovascular disease, and chronic pulmonary disease.
C.R.S. § 25-5-426 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-426
25-5-426. Wholesale food manufacturing and storage - definitions - legislative declaration
Status: repealed

25-5-426. Wholesale food manufacturing and storage - definitions - legislative declaration - registration - fees - cash fund. (1) The general assembly hereby finds, determines, and declares that the registration of wholesale food manufacturers and the regulation of premises or places wherein manufactured foods are produced, manufactured, packed, processed, prepared, treated, packaged, transported, or held for distribution in accordance with the "Colorado Food and Drug Act", the "Shellfish Dealer Certification Act", and the sanitary regulations administered by the department pursuant to part 1 of article 4 of this title and any rules promulgated thereunder:

(a) Is necessary to protect the public health;

(b) Will benefit consumers by ensuring that the sale and distribution of manufactured food is from safe sources;

(c) Will assist retailers by ensuring that manufactured foods have not been adulterated during manufacturing, packing, processing, preparing, treating, packaging, transporting, and storage; and

(d) Will contribute to the economic health of the state by assuring that Colorado wholesale food manufacturers are permitted to ship their product in interstate commerce.

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

(a) "Brew pub" has the same meaning as set forth in section 44-3-103 (5).

(b) "Brewery" has the same meaning as set forth in section 44-3-103 (6).

(c) "Dietary ingredient" means one or any combination of a vitamin, mineral, herb or other botanical, amino acid, and a substance such as an enzyme, organ tissue, glandular, or metabolite.

(d) "Dietary supplement" means a product taken by mouth that contains a dietary ingredient or a new dietary ingredient intended to supplement the diet.

(e) "Distillery" or "distiller" has the same meaning as set forth in section 44-3-103 (13).

(f) "Grain" means a small hard fruit or seed produced by a cereal grass and the seeds of such plants as a whole.

(g) "Grain storage facility" means any establishment, structure, or structures under one management at one general physical location that holds grain without further manufacturing or processing after harvest.

(g.3) and (g.5) Repealed.

(h) "Manufacturing or processing" means making food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating food, including food crops or ingredients. Examples include: Cutting, peeling, trimming, washing, waxing, eviscerating, rendering, cooking, baking, freezing, cooling, pasteurizing, homogenizing, mixing, formulating, bottling, milling, grinding, extracting juices, distilling, labeling, or packaging.

(i) "New dietary ingredient" means a dietary ingredient that was not sold in the United States as a dietary supplement before October 15, 1994.

(j) "Nonprofit facility" means a charitable entity that provides food to the public, including food banks and nonprofit food facilities. To qualify as a nonprofit facility, the entity shall be exempt from paying federal income tax under the federal internal revenue code.

(k) "Spirituous liquors" has the same meaning as set forth in section 44-3-103 (54).

(l) "Wholesale food manufacturer" and "storage facility" mean a facility that manufactures, produces, packs, processes, treats, packages, transports, or holds human food, including dietary supplements. These terms include, without limitation, any repacker, reshipper, shell stock shipper, and shucker-packer, as defined in section 25-4-1803 (8), (9), (12), and (13), respectively.

(m) "Winery" has the same meaning as set forth in section 44-3-103 (61).

(3) The department has the following powers and duties:

(a) To grant or refuse to grant registration pursuant to subsection (4) of this section and to grant or refuse to grant the annual renewal of a registration;

(b) To deny, suspend, or revoke a registration;

(c) To issue a certificate of free sale; and

(d) To review any records of a wholesale food manufacturer or storage facility necessary to verify compliance with the provisions of this section.

(4) (a) Beginning July 1, 2003, and on or before July 1 of each year thereafter, the owner of any wholesale food manufacturer or storage facility shall submit an application to the department. Each wholesale food manufacturer or storage facility shall pay an annual application fee of one hundred dollars, plus any additional registration fee specified in subsection (4)(b) of this section; except that an application fee is not required for a nonprofit facility. The application for registration is valid for one year or for the portion of the fiscal year that remains if an application is submitted after July 1 of any fiscal year. If an application is valid for only a portion of a fiscal year, an application fee reduction is not required by this section. Each application expires on June 30 of the state fiscal year in which the application is submitted.

(b) In addition to the application fee a facility is required to pay pursuant to subsection (4)(a) of this section, the schedule for annual registration fees for wholesale food manufacturers or storage facilities is as follows:

(I) A registration fee is not required for a nonprofit facility, grain storage facility, brewery, brew pub, winery, or a distiller of spirituous liquors.

(II) A wholesale food manufacturer or storage facility with gross annual sales of less than one hundred fifty thousand dollars shall pay the department a registration fee of sixty dollars.

(III) A wholesale food manufacturer or storage facility with gross annual sales of one hundred fifty thousand dollars or more shall pay the department a registration fee of three hundred dollars.

(IV) Repealed.

(c) Upon issuing a certificate of free sale, the department shall collect a fee of one hundred fifty dollars.

(d) and (e) Repealed.

(5) Fees collected by the department pursuant to subsection (4) of this section shall be transmitted to the state treasurer, who shall credit such fees to the wholesale food manufacturing and storage protection cash fund, which is hereby created in the state treasury. The general assembly shall annually appropriate the moneys in such fund to the department for the payment of expenses necessary for the administration of this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert to the general fund or any other fund.

(6) and (7) Repealed.
C.R.S. § 25-25-118 — CO Code / Title 25 / Article 25 / Section 25-25-118
25-25-118. Exemption from taxation - securities law
Status: in_force

25-25-118. Exemption from taxation - securities law. The authority is hereby declared to be a public instrumentality of the state, performing a public function for the benefit of the people of the state for the improvement of their health and living conditions. Accordingly, the income or other revenues of the authority, all properties at any time owned by the authority, any bonds, notes, or other obligations issued under this article, the transfer thereof and the income therefrom, including any profit made on the sale thereof, and all mortgages, leases, trust indentures, and other documents issued in connection therewith shall be exempt at all times from all taxation and assessments in the state of Colorado. Bonds issued by the authority shall also be exempt from the "Colorado Securities Act", article 51 of title 11, C.R.S.
C.R.S. § 25-7-114.7 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-114.7
25-7-114.7. Emission fees - fund - rules - definition
Status: repealed

25-7-114.7. Emission fees - fund - rules - definition. (1) As used in this section, unless the context otherwise requires:

(a) Indirect and direct costs include, but are not limited to:

(I) Reviewing and acting upon any application for such a permit;

(II) Implementing and enforcing the terms and conditions of any permit or rule, not including court costs or other legal costs associated with any enforcement action;

(III) Emissions and ambient monitoring;

(IV) Preparing generally applicable regulations or guidance;

(V) Modeling, analyses, and demonstrations;

(VI) Preparing inventories and tracking emissions; and

(VII) Establishing and administering a small business stationary source technical and environmental compliance program, pursuant to section 25-7-109.2.

(b) (I) "Regulated pollutant" means:

(A) A volatile organic compound;

(B) Each pollutant regulated under section 25-7-109 or section 111 of the federal act;

(C) Each pollutant regulated under section 112 (b) of the federal act;

(D) Each pollutant for which a national primary ambient air quality standard has been promulgated, except for carbon monoxide.

(II) The term "regulated pollutant", for the purpose of assessing fees, shall not include fugitive dust or any fraction thereof.

(2) (a) (I) Except as specified in subsection (2)(a)(VII) of this section, the commission shall designate by rule those classes of sources of air pollution that are exempt from the requirement to pay an annual emission fee. Every owner or operator of an air pollution source not otherwise exempt in accordance with such commission rules shall pay an annual fee as follows:

(A) For state fiscal year 2020-21, the fee is thirty-two dollars per ton of regulated pollutant reported in the most recent air pollution emission notice on file with the division. For state fiscal year 2021-22, the fee is thirty-six dollars per ton of regulated pollutant reported in the most recent air pollution emission notice on file with the division. Thereafter, the commission may adjust the fee by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7.

(A.5) A late payment fee. Such fee shall be assessed at the rate of one percent per month for accounts more than sixty days past due; except that no late payment fee may be assessed during a period in which an account is under administrative review by the division in order to respond to a reasonable request by the owner or operator of a source for allocation of the fees among multiple sources or to resolve a good-faith claim by the owner or operator of a source that there has been an error in calculation of the amount of fees due. At the end of the administrative review, the division shall inform the owner or operator of the source in writing of any findings.

(B) For state fiscal year 2020-21, in addition to the annual fee set forth in subsection (2)(a)(I)(A) of this section, for hazardous air pollutants, including ozone-depleting compounds, an annual fee of two hundred sixteen dollars per ton. For state fiscal year 2021-22, in addition to the annual fee set forth in subsection (2)(a)(I)(A) of this section, for hazardous air pollutants, including ozone-depleting compounds, there is an annual fee of two hundred thirty-nine dollars per ton. Thereafter, the commission may adjust the fee by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7.

(C) Every local air pollution control authority that adopts any air pollution resolution or ordinance that is more stringent than corresponding state provisions shall pay for the state's enforcement costs.

(II) In no event shall an owner or operator of a major source pay more than a fee based upon total annual emissions of four thousand tons of each regulated pollutant per source.

(III) Every owner or operator subject to the requirements to pay fees set forth in subsection (2)(a)(I) of this section shall also pay a processing fee for the costs of processing any application other than an air pollution emission notice under this article 7. Every significant user of prescribed fire, including federal facilities, submitting a planning document to the commission pursuant to section 25-7-106 (8)(b) shall pay a fee for costs of evaluating the documents. For state fiscal year 2020-21, the division shall assess a fee for work it performs, up to a maximum of thirty hours at a rate of one hundred eight dollars and twelve cents per hour. For state fiscal year 2021-22, the division shall assess a fee for work it performs, up to a maximum of thirty hours at a rate of one hundred nineteen dollars per hour. Thereafter, the commission may adjust the fee by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7. If the division requires more than thirty hours to process the application or evaluate the prescribed fire-related planning documents, the division shall provide the stationary source with an estimate of what the actual charges may be before working more than thirty hours.

(IV) and (V) Repealed.

(VI) Notwithstanding subparagraph (III) of this paragraph (a), the division shall not assess a fee for work performed to negotiate a voluntary agreement under part 12 of this article above a maximum of one hundred hours at a rate of fifty-nine dollars and ninety-eight cents per hour unless the owner or operator proposing the voluntary agreement consents to a greater fee in writing.

(VII) The commission shall establish, by rule, a fee per ton of greenhouse gas, in the form of carbon dioxide equivalent, that was reported in the most recent air pollutant emission notice on file with the division, or that was reported to the division pursuant to section 25-7-140 (2)(a)(I), in an amount that is sufficient to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7 that pertain to emissions of greenhouse gas. The commission may set thresholds of reported greenhouse gas below which no such fee shall be assessed. No more frequently than annually, the commission may adjust the fee for greenhouse gas by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7 that pertain to emissions of greenhouse gas.

(b) (I) The moneys collected pursuant to this section shall be remitted to the state treasurer, who shall credit the same to the stationary sources control fund, which fund is hereby created. From such fund, the general assembly shall appropriate to the department of public health and environment, at least annually, such moneys as may be necessary to cover the division's direct and indirect costs required to develop and administer the programs established pursuant to parts 1 to 4 and 10 of this article for the control of air pollution from stationary sources. Any permit fee moneys not appropriated by the general assembly and any appropriated funds not spent by the division shall remain in the stationary sources control fund and shall not revert to the general fund of the state at the end of any fiscal year. Any such moneys shall be separately accounted for. All interest earned on moneys in the stationary sources control fund shall remain in the fund and shall not revert to the general fund or to any other fund.

(II) Of the portion of fee revenue attributable to the increases enacted during the first regular session of the sixty-third general assembly, the department shall allocate one hundred fifty thousand dollars per year for the purpose of modernizing and maintaining the computer system used for the administration of the stationary source program so as to make the overall system more efficient, and seventy thousand dollars for the purpose of enhancing county and district public health agency participation in air quality control activities. The department may reallocate moneys between these two purposes as reasonably necessary so long as the total amount devoted to such purposes remains at two hundred twenty thousand dollars annually.

(III) The division shall expend the portion of the fee revenue collected pursuant to subsections (2)(a)(I)(A), (2)(a)(I)(B), (2)(a)(III), and (2)(a)(VII) of this section and section 25-7-114.1 (6)(a) attributable to the increases authorized in 2020 by Senate Bill 20-204 and in 2021 by House Bill 21-1266 for the following purposes:

(A) Ensuring that requirements imposed by rules to minimize emissions are included in permits and complied with;

(B) Deploying more resources to find, and cause oil and gas operators to repair, leaks and releases of hydrocarbons such as benzene that contribute to ozone nonattainment and human health risks;

(C) Increasing compliance by stationary sources with all applicable air quality requirements;

(D) Increasing the number of inspections and enforcement actions taken by the division;

(E) Expanding the division's capacity to conduct monitoring of stationary source emissions;

(F) Developing new emission control strategies;

(G) Expanding the division's capacity to quickly respond to and better understand public health issues that are related to exposure to air toxics, such as benzene and other volatile organic compounds;

(H) Improving the division's complaint management systems as they relate to air quality and associated health impacts;

(I) Enabling outreach to and engagement of disproportionately impacted communities; and

(J) Paying for the environmental justice ombudsperson created in section 25-1-134.

(IV) The division shall report annually regarding how the fees authorized by this section have been utilized, what related efficiency and process improvements have been made, and a projection of short-term and long-term capital operating expenditures. Before making any fee adjustment after fiscal year 2021-22 that is authorized by section 25-7-114.1 (6)(a) or subsection (2)(a)(I)(A), (2)(a)(I)(B), or (2)(a)(III) of this section, the division shall report annually about how existing fees have been utilized and engage in a stakeholder process with impacted stationary sources. The division shall initiate this stakeholder process at least six months before any rule that increases fees becomes effective unless emergency rule-making pursuant to section 24-4-103 is necessary. The stakeholder process must involve discussion of:

(A) Ongoing efficiency improvement projects and progress toward completion of those projects, including database improvements and replacing the existing air pollution emission notice process with an improved emission inventory process; and

(B) The justification and necessity of additional fee increases, including an outline of where increases in fees will be utilized moving forward.

(V) In addition to the money credited or transferred to the stationary sources control fund, the fund consists of the money transferred to the fund from the energy and carbon management cash fund pursuant to section 34-60-122 (5)(e).

(c) The general assembly by bill may annually adjust the fees established in this section and in section 25-7-114.1 as necessary to cover the reasonable costs, both direct and indirect, of the stationary source program and to assure that adequate personnel and funding will be available to administer the permit program.

(d) No permit will be issued if the administrator objects to its issuance in a timely manner under this title.

(e) Repealed.

(f) Notwithstanding the amount specified for any fee in this subsection (2), the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(g) (I) The division shall prioritize its use of the revenues generated by the fee increases authorized by the general assembly in 2018 to reduce permit processing times for all categories of permits through increased efficiencies and information system improvements that are identified through the stakeholder process identified in subsection (2)(g)(II) of this section.

(II) to (IV) Repealed.

(h) With regard to the changes made in 2021 by House Bill 21-1266:

(I) Nothing:

(A) Alters the greenhouse gas emission reduction goals previously established in section 25-7-102 (2)(g), in either amount or timing; or

(B) Detracts from the air quality control commission's existing authority to require more than the minimum greenhouse gas emission reduction goals and deadlines previously established in section 25-7-102 (2)(g); and

(II) The changes add to, but do not otherwise alter, the air quality control commission's authority and obligation to publish and promulgate rules pursuant to sections 25-7-102 (2)(g), 25-7-105, and 25-7-140.
C.R.S. § 25-4-1804 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1804
25-4-1804. Department designated as certifying and inspecting agency
Status: in_force

25-4-1804. Department designated as certifying and inspecting agency. For the purpose of regulating and controlling shellfish dealers, establishing sanitary conditions therein, and the enforcement and administration of this part 18, the department is hereby authorized as the state certifying and inspection agency pursuant to applicable federal law and rules.
C.R.S. § 25-45-101 — CO Code / Title 25 / Article 45 / Section 25-45-101
25-45-101. Short title
Status: in_force

25-45-101. Short title. This article shall be known and may be cited as the "Right to Try Act".
C.R.S. § 25-1-512 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-512
25-1-512. Allocation of moneys - public health services support fund - created
Status: repealed

25-1-512. Allocation of moneys - public health services support fund - created. (1) (a) The state department shall allocate any moneys that the general assembly may appropriate for distribution to county or district public health agencies organized pursuant to this part 5 for the provision of local health services. The state board shall determine the basis for the allocation of moneys to the agencies. In determining the allocation of moneys, the state board shall take into account the population served by each agency, the additional costs involved in operating small or rural agencies, and the scope of services provided by each agency.

(b) (I) In order to qualify for state assistance, each county and city and county shall contribute a minimum of one dollar and fifty cents per capita for its local health services and may contribute additional amounts as it may determine to be necessary to meet its local health needs.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), for a district public health agency, the counties or cities and counties of the district in total shall contribute a minimum of one dollar and fifty cents per capita for local health services within the district.

(c) Federally funded and state-funded special projects and demonstrations shall be in addition to the allotments specified in paragraph (b) of this subsection (1).

(2) Repealed.
C.R.S. § 25-9-106.2 — CO Code / Title 25 / Article 9 / Section 25-9-106.2
25-9-106.2. Industrial wastewater treatment facility operator
Status: in_force

25-9-106.2. Industrial wastewater treatment facility operator. (1) Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as industrial wastewater treatment facility operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article 4 of title 24, C.R.S.

(a) to (c) (Deleted by amendment, L. 2000, p. 773, § 7, effective May 23, 2000.)