C.R.S. § 25-3.5-307.5 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-307.5
25-3.5-307.5. Standards for air ambulance services - rules - civil penalties - disciplinary ac
Status: repealed

25-3.5-307.5. Standards for air ambulance services - rules - civil penalties - disciplinary actions. (1) The board shall promulgate rules in accordance with section 24-4-103, C.R.S., to establish minimum standards for an air ambulance service. The rules must include minimum requirements or standards for:

(a) Approval of an accrediting organization;

(b) Recognizing another jurisdiction's license, including a restriction on the number of allowable flights per year in Colorado under that license, a fee for such recognition, and a process to rescind the recognition upon a showing of good cause;

(c) Malpractice and liability insurance for injuries to persons, in amounts determined by the board, and workers' compensation coverage as required by Colorado law;

(d) Medical crew qualifications and training;

(e) Qualifications, training, and roles and responsibilities for a medical director for an air ambulance service;

(f) Communication equipment, reporting capabilities, patient safety, and crew safety and staffing;

(g) Medical equipment in an air ambulance;

(h) Data collection and submission, including reporting requirements as determined by the department;

(i) Maintaining program quality; and

(j) Management of patient and medical staff safety with regard to clinical staffing and shift time.

(2) Rules promulgated by the board must not include activities preempted by the federal aviation administration or 49 U.S.C. sec. 41713.

(3) Civil penalties. An air ambulance operator, service, or provider or other person who violates this section, section 25-3.5-307, or a rule of the board promulgated pursuant to this part 3 or who operates without a current and valid license is subject to a civil penalty of up to five thousand dollars per violation or for each day of a continuing violation. The department shall assess and collect these penalties. Before collecting a penalty, the department shall provide the alleged violator with notice and the opportunity for a hearing in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., and all applicable rules of the board. The department shall transmit all penalties collected pursuant to this section to the state treasurer, who shall credit them to the general fund.

(4) Disciplinary actions. For violation of any provision of this section, section 25-3.5-307, or a rule of the board promulgated pursuant to this part 3 or for operating without a license, the department may take any one or more of the following actions:

(a) Deny, suspend, or revoke a license issued pursuant to this part 3;

(b) Impose a civil penalty as provided in subsection (3) of this section;

(c) Issue a cease-and-desist order if the department has determined that a violation has occurred and immediate enforcement is deemed necessary. The cease-and-desist order must set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all violations cease forthwith.

(d) Summarily suspend a license issued pursuant to this part 3 in accordance with article 4 of title 24, C.R.S.

(5) Repealed.
C.R.S. § 25-15-101 — CO Code / Title 25 / Article 15 / Part 1 / Section 25-15-101
25-15-101. Definitions
Status: in_force

25-15-101. Definitions. As used in this article 15, unless the context otherwise requires:

(1) "Commission" means the solid and hazardous waste commission created in part 3 of this article.

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

(3) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

(4) "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

(4.3) "Environmental covenant" means an instrument containing environmental use restrictions created pursuant to section 25-15-321.

(4.5) "Environmental remediation project" means closure of a hazardous waste management unit or solid waste disposal site or any remediation of environmental contamination, including determinations to rely solely or partially on environmental use restrictions to protect human health and the environment but excluding interim measures that are not intended as the final remedial action, that is conducted under any of the following:

(a) Subchapter III or IX of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. secs. 6921 to 6939e and 6991 to 6991i, as amended;

(b) Section 7002 or 7003 of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. secs. 6972 and 6973, as amended;

(c) The federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended;

(d) The federal "Uranium Mill Tailings Radiation Control Act of 1978", 42 U.S.C. sec. 7901 et seq., as amended;

(e) Part 1 of article 11 of this title, including any decommissioning of sites licensed under that part;

(f) Part 3 of article 11 of this title;

(g) Part 3 of article 15 of this title; and

(h) Article 20 of title 30, C.R.S.

(4.7) "Environmental use restriction" means a prohibition of one or more uses of or activities on specified real property, including drilling for or pumping groundwater; a requirement to perform certain acts, including requirements for maintenance, operation, or monitoring necessary to preserve such prohibition of uses or activities; or both, where such prohibitions or requirements are relied upon in the remedial decision for an environmental remediation project for the purpose of protecting human health or the environment.

(5) "Federal act" means the federal "Solid Waste Disposal Act", as amended by the federal "Resource Conservation and Recovery Act of 1976", as amended, 42 U.S.C. sec. 6901 et seq.

(5.5) "Hazardous substance" means any substance that is defined as a hazardous substance, pollutant, or contaminant under the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended, or its implementing regulations.

(6) (a) "Hazardous waste" means any material, alone or mixed with other materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because its quantity, concentration, or physical or chemical characteristics may:

(I) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(II) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(b) "Hazardous waste" does not include:

(I) Solid or dissolved material in discharges which are point sources subject to permits under section 402 of the "Federal Water Pollution Control Act", as amended;

(II) Source, special nuclear, or byproduct material as defined by the federal "Atomic Energy Act of 1954", as amended;

(III) (A) Agricultural, horticultural, or floricultural waste from the raising of crops or animals, including animal manures, that are returned to the soil as fertilizers or soil conditioners.

(B) Nothing in sub-subparagraph (A) of this subparagraph (III), 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.

(IV) Solid or dissolved material in domestic sewage;

(V) Irrigation return flows;

(VI) Inert materials deposited for construction fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes, if such depositing does not fall within the definition of treatment, storage, or disposal of hazardous waste;

(VII) Any waste or other materials exempted or otherwise not regulated as a hazardous waste under the federal act, except as provided in section 25-15-302 (4);

(VIII) Indigenous waste from prospecting and mining operations which is disposed of in accordance with the requirements of an approved reclamation plan contained in a permit issued pursuant to article 32 of title 34, C.R.S., or article 33 of title 34, C.R.S.;

(IX) Waste from oil and gas operations, as defined in section 34-60-103, or from deep geothermal operations, as defined in section 37-90.5-103 (3), including, but not limited to, drilling fluids, produced water, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal resources, that is disposed of in accordance with the requirements of the energy and carbon management commission pursuant to article 90.5 of title 37 and article 60 of title 34, as applicable; and

(X) Exploration and production waste, as defined in section 34-60-103.

(c) Any material which would be hazardous waste subject to the provisions of this article except for the fact that it has commercial use or value may be subject to regulations promulgated by the commission when it is transported or stored prior to reuse.

(7) "Hazardous waste generation" means the act or process of producing hazardous waste.

(8) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, treatment, recovery, and disposal of hazardous waste.

(9) "Inert material" means non-water-soluble and nondecomposable inert solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to rules and regulations of the commission. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-water-soluble and nondecomposable inert solids including those the commission may identify by regulation.

(10) "Manifest" means the document used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of storage, treatment, or disposal.

(10.5) "Notice of environmental use restrictions" or "restrictive notice" means an instrument containing environmental use restrictions created pursuant to section 25-15-321.5.

(11) "Operation", when used in connection with hazardous waste management, means the use of procedures, equipment, personnel, and other resources to provide hazardous waste management.

(12) "Operator" means the person operating a hazardous waste management facility or site either by contract or permit.

(12.5) "Owner", as used in sections 25-15-317 to 25-15-326, means the record owner of real property and, if any, any other person or entity otherwise legally authorized to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain.

(13) "Person" means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

(13.5) "Remedial decision" means the administrative determination by the department, the United States environmental protection agency, or other appropriate government entity under the laws cited in subsection (4.5) of this section, that establishes the remedial requirements for the environmental remediation project.

(14) "Resource recovery", when used in connection with hazardous waste, means the operation of preparing and treating any such material or portion thereof for recycling or reuse or the recovery of material or energy.

(15) "Storage", when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. The term "storage" does not apply to any hazardous waste generation if such waste is retained on the site by the generator in quantities or for time periods exempted by rules and regulations promulgated by the commission.

(16) "Transportation", when used in connection with hazardous waste, means the off-site movement of hazardous waste to any intermediate point or any point of storage, treatment, or disposal.

(17) "Treatment", when used in connection with an operation involved in hazardous waste management, means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of a hazardous waste, so as to neutralize such waste or to render such waste less hazardous, safer for transport, amenable for recovery or reuse, amenable for storage, or reduced in volume.

(18) "Treatment, storage, or disposal site or facility" means a location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste is generated.
C.R.S. § 25-8.5-115 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-115
25-8.5-115. Facilities - comprehensive program
Status: in_force

25-8.5-115. Facilities - comprehensive program. (1) The authority, acting by and through the board, may acquire, construct, lease, rent, improve, equip, relocate, maintain, and operate water quality control facilities, any project, or any part thereof for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable.

(2) (a) The authority shall develop a comprehensive program for the water quality control facilities specified in subsection (1) of this section. A comprehensive program may consist of one project or more than one project.

(b) A hearing on the proposed comprehensive program shall be scheduled, and notice of the hearing shall be given by publication and posted in the office of the county clerk and recorder of each member county. Upon closure of the hearing, the board may either require changes to be made in the comprehensive program or the board may approve or reject the comprehensive program as prepared.

(c) If any substantial changes to the comprehensive program are ordered at any time, a further hearing shall be held pursuant to notice which shall be given by publication.
C.R.S. § 25-7-1503 — CO Code / Title 25 / Article 7 / Part 15 / Section 25-7-1503
25-7-1503. Scope and applicability
Status: in_force

25-7-1503. Scope and applicability. (1) Except as described in subsection (2) of this section and as modified by rules promulgated by the executive director or the commission pursuant to section 25-7-1506, this part 15 applies to the following new products:

(a) Water heaters with a rated heat input capacity of two million BTUs per hour or less; and

(b) Fan-type central furnaces that:

(I) Require either single-phase or three-phase electric supply;

(II) Are used for comfort heating; and

(III) Have a rated heat input capacity of less than one hundred seventy-five thousand BTUs per hour and, in the case of combination heating and cooling units, a cooling rate of less than sixty-five thousand BTUs per hour.

(2) This part 15 does not apply to:

(a) Products held in inventory in Colorado on the effective date of the applicable standard;

(b) Products that were installed in manufactured homes at the time of construction;

(c) Products designed expressly for installation and use in recreational vehicles; or

(d) Products that do not burn fossil fuels.
C.R.S. § 25-3-128 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-128
25-3-128. Hospitals - nurses, nurse aides, and EMS providers - staffing requirements - enf
Status: in_force

25-3-128. Hospitals - nurses, nurse aides, and EMS providers - staffing requirements - enforcement - waiver - rules - definitions. (1) As used in this section:

(a) "Clinical staff nurse" means a practical nurse or registered professional nurse licensed pursuant to article 255 of title 12 who provides direct care to patients.

(b) "EMS provider" means an individual who holds a valid certificate or license issued by the department as provided in article 3.5 of this title 25.

(c) "Nurse aide" means a person certified pursuant to article 255 of title 12 to practice as a nurse aide who provides direct care to patients or who works in an auxiliary capacity under the supervision of a registered nurse.

(d) "Staffing plan" means the master nurse staffing plan developed for a hospital pursuant to subsection (2)(b) of this section.

(2) (a) On or before September 1, 2022, each hospital shall establish a nurse staffing committee pursuant to rules promulgated by the state board of health, either by creating a new committee or assigning the nurse staffing functions to an existing hospital staffing committee. The nurse staffing committee must have at least sixty percent or greater participation by clinical staff nurses, in addition to auxiliary personnel and nurse managers. The nurse staffing committee must include a designated leader of workplace violence prevention and reduction efforts.

(b) The nurse staffing committee:

(I) Shall annually develop and oversee a master nurse staffing plan for the hospital that:

(A) Is voted on and recommended by at least sixty percent of the nurse staffing committee;

(B) Includes minimum staffing requirements as established in rules promulgated by the state board of health for each inpatient unit and emergency department that are aligned with nationally recognized standards and guidelines;

(C) Includes strategies that promote the health, safety, and welfare of the hospital's employees and patients;

(D) Includes guidance and a process for reducing nurse-to-patient assignments to align with the demand based on patient acuity; and

(E) May include innovative staffing models;

(II) (A) Shall submit the recommended staffing plan to the hospital's senior nurse executive and the hospital's governing body for approval. If the final plan approved by the hospital changes materially from the recommendations put forth by the staffing committee, the senior nurse executive shall provide the nurse staffing committee with an explanation for the changes.

(B) If, after receiving the explanation referenced in subsection (2)(b)(II)(A) of this section, the staffing committee believes the final plan does not meet nurse staffing standards established in rules promulgated by the state board of health, the staffing committee, with a vote of sixty percent or more of the members, may request the department review the final adopted staffing plan for compliance with rules promulgated by the state board of health.

(III) May publish a report that is responsive to the changes made to the recommended plan pursuant to subsection (2)(b)(II) of this section, if any;

(IV) Shall describe in writing the process for receiving, tracking, and resolving complaints and receiving feedback on the staffing plan from clinical staff nurses and other staff; and

(V) Shall make the complaint and feedback process available to all providers, including clinical staff nurses, nurse aides, and EMS providers.

(c) The department is authorized to and shall enter, survey, and investigate each hospital as necessary to ensure compliance with the nursing staffing standards established in rules promulgated by the state board of health.

(3) A hospital shall:

(a) Submit the final, approved nurse staffing plan to the department on an annual basis;

(b) On a quarterly basis, evaluate the staffing plan and prepare a report for internal review by the staffing committee;

(c) Provide the relevant unit-based staffing plan to:

(I) Each applicant for a nursing position on a given unit upon an offer of employment; and

(II) A patient upon request; and

(d) Prepare an annual report containing the details of the evaluation required in subsection (3)(b) of this section and submit the report to the department, in a form and manner determined by rules promulgated by the state board of health.

(4) A hospital shall not assign a clinical staff nurse, nurse aide, or EMS provider to a hospital unit unless, consistent with the conditions of participation adopted for federal medicare and medicaid programs, hospital personnel records include documentation that the training and demonstration of competency were successfully completed during orientation and on a periodic basis consistent with hospital policies.

(5) (a) On or before September 1, 2022, each hospital shall report, in a form and manner determined by rules promulgated by the state board of health, the baseline number of beds the hospital is able to staff in order to provide patient care and the hospital's current bed capacity. The reporting may include:

(I) Seasonal or other anticipated variances in staffed-bed capacity; and

(II) Anticipated factors impacting staffed-bed capacity.

(b) In promulgating rules pursuant to subsection (5)(a) of this section, the state board of health shall:

(I) Use the data provided to the department by each hospital throughout the COVID-19 pandemic through an internet-based resource management and communication tool developed for and commonly used by hospitals;

(II) Determine the number of seasonal variations allowable with regard to subsection (5)(a)(I) of this section with a minimum of two and a maximum of four allowable variances; and

(III) Define "staffed-bed capacity" for the purposes of this section.

(c) On or before September 1, 2022, as determined by rules promulgated by the state board of health, if a hospital's ability to meet staffed-bed capacity falls below eighty percent of the hospital's reported baseline for not less than seven and not more than fourteen consecutive days, the hospital shall notify the department and submit:

(I) A plan to ensure staff is available, within thirty days, to return to a staffed-bed capacity level that is eighty percent of the reported baseline; or

(II) A request for a waiver due to a hardship, which request articulates why the hospital is unable to meet the required staffed-bed capacity, if:

(A) The hospital's current staffed-bed capacity falls below eighty percent of the hospital's reported baseline for not less than seven and not more than fourteen consecutive days; or

(B) The hospital's current staffed-bed capacity threatens public health.

(d) The department may impose fines, not to exceed one thousand dollars per day, for a hospital's failure to:

(I) Meet the reported staffed-bed capacity of eighty percent or more of the hospital's reported baseline; or

(II) Accurately report a hospital's baseline staffed-bed capacity.

(6) Each hospital with more than twenty-five beds shall articulate in its emergency plan a demonstrated ability to expand the hospital's staffed-bed capacity up to one hundred twenty-five percent of the hospital's baseline staffed-bed capacity and intensive care unit capacity within fourteen days after:

(a) A statewide public health emergency is declared or the hospital is notified by the department that surge capacity is needed; and

(b) The state has used all available authority to expedite workforce availability and maximize hospital throughput and capacity, such as:

(I) Licensing or certification flexibility for health facilities;

(II) Reducing requirements for licensing, credentialing, and the receipt of staff privileges;

(III) Waiving scope of practice limitations; and

(IV) Waiving state-regulated payer provisions that create barriers to timely patient discharge.

(7) Each hospital shall update its emergency plan at least annually and as often as necessary, as circumstances warrant. The emergency plan must include the actions the hospital will take to maximize staffed-bed capacity and appropriate utilization of hospital beds to the extent necessary for a public health emergency and through the following activities:

(a) Cross-training, just-in-time training, and redeployment of staff;

(b) Supporting all hospital facilities, including hospital-owned facilities, to provide any necessary, available, and appropriate preventive care, vaccine administration, diagnostic testing, and therapeutics;

(c) Maximizing hospital throughput by discharging patients to skilled nursing, post-acute, and other step-down facilities; and

(d) Reducing the number of scheduled procedures in the hospital.

(8) Beginning September 1, 2022, the department may fine a hospital an amount not to exceed ten thousand dollars per day for the failure to:

(a) Achieve the required staffed-bed capacity described in subsection (6) of this section within fourteen days after a declared statewide public health emergency or other notification by the department that surge capacity is needed;

(b) Include the amount of necessary vaccines for administration in its annual emergency plan and have the vaccines available, to the extent that the vaccines are available, at each of its hospital facilities and hospital-owned primary care sites during and outside of the public health emergency, as determined by rules promulgated by the department; and

(c) Include the necessary testing capabilities available in its annual emergency plan and at each of its hospital facilities and hospital-owned primary care sites during and outside of a public health emergency, to the extent that the testing is available, as determined by rules promulgated by the department.

(9) For the purposes of this section, the department shall enter, survey, and investigate each hospital:

(a) As deemed necessary by the department;

(b) For purposes of infection control and emergency preparedness; and

(c) To ensure compliance with this section.

(10) The department shall annually report on the information contained in the quarterly report described in subsection (3)(d) of this section as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

(11) The department may promulgate rules to require health facilities licensed pursuant to section 25-1.5-103 to develop and implement infection prevention plans that align with national best practices and standards and that are responsive to COVID-19 and other communicable diseases. The requirements may include testing, vaccination, and treatment in accordance with applicable state laws, rules, and executive orders.

(12) The state board of health shall promulgate rules as necessary to implement this section.
C.R.S. § 25-52-106.5 — CO Code / Title 25 / Article 52 / Section 25-52-106.5
25-52-106.5. Perinatal health quality improvement program - perinatal health quality improvem
Status: in_force

25-52-106.5. Perinatal health quality improvement program - perinatal health quality improvement engagement program - perinatal quality collaborative duties - data collection - reporting - legislative declaration - definitions. (1) The general assembly finds and declares that:

(a) Disparities in maternal and infant health-care access, delivery, and outcomes in Colorado persist, such that birthing people who are American Indian/Alaska Native are nearly three times more likely to die during pregnancy or within one year postpartum than the overall population of those giving birth in Colorado;

(b) Birthing people who are Black are nearly two times more likely to die during pregnancy or within one year postpartum than the overall population of those giving birth in Colorado;

(c) Birthing people living in frontier counties are more likely to die from pregnancy-related causes than those living in urban counties, and people insured through the medical assistance program are more likely to die during pregnancy or within one year postpartum than those with private insurance;

(d) Discrimination contributed to half of all pregnancy-associated deaths in Colorado, and ninety percent of all deaths were deemed preventable by the Colorado maternal mortality review committee;

(e) In 2022, the United States' infant mortality rate increased for the first time in two decades. Infants born to Black and Native American birthing people are two times more likely to die compared with their white and Hispanic counterparts.

(f) The committee and the maternal health task force established by the department recommend statewide, universal participation in quality improvement initiatives led by the perinatal quality collaborative and the adoption of Alliance for Innovation on Maternal Health patient safety bundles;

(g) The National Governors Association, through its maternal and infant health initiative, similarly recommends the adoption of patient safety bundles and increased funding for state maternal mortality review committees and perinatal quality collaboratives;

(h) Ninety-six percent of births in Colorado occur in hospitals, and there is a need to provide practical support to hospitals, especially frontier and rural hospitals, for the implementation of clinical quality improvement initiatives; and

(i) Participation in state perinatal quality collaboratives has been shown to improve maternal and infant health outcomes through improved access to, and the timeliness of, treatment and through reduced serious pregnancy complications.

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

(a) "Engagement program" means the perinatal health quality improvement engagement program created in subsection (5) of this section.

(b) "Hospital" means a hospital licensed or certified pursuant to section 25-1.5-103 that provides nonemergent perinatal care services.

(c) "Quality improvement program" means the hospital perinatal health quality improvement program created in subsection (4) of this section.

(3) (a) The department shall contract with the perinatal quality collaborative to:

(I) Track statewide implementation of the committee's recommendations to prevent maternal mortality;

(II) Implement hospital quality improvement programs through perinatal care settings to reduce preventable causes of maternal mortality and morbidity; and

(III) Address disparate care of and outcomes among American Indian/Alaska Native and Black birthing populations, birthing people insured through the medical assistance program, and birthing people living in rural and frontier counties.

(b) In implementing hospital quality improvement programs, the perinatal quality collaborative shall provide quality improvement program support that may include:

(I) Clinical quality improvement science education concerning best practices and innovations to support optimal outcomes;

(II) Tailored interventions designed to address the needs of priority populations;

(III) Individualized program implementation guidance and support;

(IV) Data reporting, analysis, and rapid response feedback for assistance in monitoring the sustainability of implemented changes;

(V) Provider training in stigma, bias, and trauma-informed and respectful care; and

(VI) Public recognition as a maternal and infant care quality champion.

(c) The department shall provide vital statistics data to the perinatal quality collaborative for purposes of data analysis and reporting. The perinatal quality collaborative shall develop a data-sharing agreement with the department to identify specific vital statistics data that must be shared. The data-sharing agreement must address the confidentiality of data to ensure that data sharing is protected.

(4) Hospital perinatal health quality improvement program. A hospital shall:

(a) No later than July 1, 2025, and no later than July 1 each year thereafter, submit to the perinatal quality collaborative, either directly or through a statewide association of hospitals, a minimum data set of key drivers of disparities in perinatal health care and health-care outcomes, maternal mortality and severe maternal morbidity, and infant health care and health-care outcomes, including:

(I) Cesarean deliveries;

(II) Perinatal hypertension, sepsis, and cardiac conditions;

(III) Maternal and neonatal readmissions and length of stay;

(IV) Unexpected newborn complications;

(V) Perinatal mental health and substance use conditions;

(VI) Obstetric hemorrhage; and

(VII) Preterm birth; and

(b) Beginning December 15, 2025, participate annually in at least one maternal or infant health quality improvement initiative, as determined by the hospital, in collaboration with the perinatal quality collaborative pursuant to subsection (3) of this section, with the goal of:

(I) Promoting evidence-based, culturally relevant, safe, equitable, high-quality care; and

(II) Preventing maternal and infant mortality and severe morbidity.

(5) Perinatal health quality improvement engagement program. (a) No later than July 1, 2025, the department shall create a perinatal health quality improvement engagement program that provides financial support to hospitals and facilities that provide emergent labor and delivery or perinatal care services that do not have sufficient resources to participate in one or more maternal or infant health quality improvement initiatives pursuant to subsection (4) of this section.

(b) The department shall select hospitals and facilities that provide emergent labor and delivery or perinatal care services to participate in the engagement program and may contract with the perinatal quality collaborative to administer the engagement program. In order to participate in the engagement program, a hospital or facility must commit to work with the perinatal quality collaborative on the maternal or infant health quality improvement initiatives selected by the hospital or facility.

(c) The department shall prioritize financial support for hospitals and facilities that:

(I) Are in rural and frontier areas of the state;

(II) Qualify for disproportionate share payments under the medical assistance program; or

(III) Have lower-acuity maternal or neonatal levels of care designations.

(d) Hospitals and facilities receiving financial support pursuant to the engagement program may use the financial support for quality improvement, including dedicated staff time, training costs, travel, continuing education, and data entry and technical assistance.

(6) Collaboration with the perinatal quality collaborative. (a) The department shall contract with the perinatal quality collaborative to:

(I) Track statewide implementation of the committee's recommendations, developed pursuant to section 25-52-104, to prevent maternal mortality; and

(II) No later than July 1, 2026, and no later than July 1 each year thereafter, issue a report to the department concerning:

(A) Clinical quality improvement efforts to reduce disparities in perinatal health outcomes and to prevent maternal and infant mortality and morbidity that includes relevant, aggregate hospital maternal and infant health quality metrics and that may be distributed to policymakers, health-care providers, hospitals and other health facilities, public health professionals, and other interested persons to assist the department in promoting data access and facilitating additional efforts to reduce maternal and infant mortality and morbidity;

(B) Hospital participation in maternal and infant perinatal quality improvement initiatives pursuant to subsection (4)(b) of this section;

(C) Implementation of the federal health resources and services administration maternal and child health bureau's and American College of Obstetricians and Gynecologists' alliance for innovation on maternal health patient safety bundles and related performance metrics, including the status of addressing drivers of perinatal health disparities and maternal and infant mortality and morbidity as described in subsection (4)(a) of this section; and

(D) Areas of opportunity for ongoing improvement.

(b) In compliance with all applicable state and federal laws relating to the publication of health information and legally binding data use agreements, the perinatal quality collaborative and the department shall make an aggregated and de-identified report prepared pursuant to subsection (6)(a)(II) of this section publicly available on the department's website and on the website of the perinatal quality collaborative.

(c) The perinatal quality collaborative shall consult with a statewide association of hospitals and with diverse hospital leadership to support ongoing hospital engagement in quality improvement and to advise practitioners in clinical settings across the state on the advancement of best practices to reduce maternal and infant mortality and morbidity.

(d) Data submitted pursuant to subsection (4)(a) of this section is considered confidential and proprietary, contains trade secrets, or is not a public record pursuant to part 2 of article 72 of title 24 and is only reportable in an aggregated and de-identified manner.
C.R.S. § 25-7-902 — CO Code / Title 25 / Article 7 / Part 9 / Section 25-7-902
25-7-902. Definitions
Status: in_force

25-7-902. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "State agency" means any department, board, bureau, commission, institution, or other agency of the state, including institutions of higher education.

(2) "State employees" means the employees of any state agency.
C.R.S. § 25-25-107 — CO Code / Title 25 / Article 25 / Section 25-25-107
25-25-107. General powers of authority
Status: in_force

25-25-107. General powers of authority. (1) In addition to any other powers granted to the authority by this article, the authority shall have the following powers:

(a) To have perpetual existence and succession as a body politic and corporate;

(b) To adopt and from time to time amend or repeal bylaws for the regulation of its affairs and the conduct of its business, consistent with the provisions of this article;

(c) To sue and be sued;

(d) To have and to use a seal and to alter the same at pleasure;

(e) To maintain an office at such place or places as it may designate;

(f) To determine, in accordance with the provisions of this article, the location and character of any facility to be financed under the provisions of this article; to acquire, construct, reconstruct, renovate, improve, alter, replace, maintain, repair, operate, and lease as lessee or lessor; to enter into contracts for any and all of such purposes and for the management and operation of a facility; and to designate a participating health institution as its agent to determine the location and character of a facility undertaken by such participating health institution under the provisions of this article and, as agent of the authority, to acquire, construct, reconstruct, renovate, replace, alter, improve, maintain, repair, operate, lease as lessee or lessor, and regulate the same, and, as agent of the authority, to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility;

(g) To lease to a participating health institution any or all of the facilities upon such terms and conditions as the authority shall deem proper; to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods, at such rent, and upon such terms or conditions as shall be determined by the authority or to purchase any or all of the facilities, or provisions that, upon payment of all of the indebtedness incurred by the authority for the financing of such facilities, the authority will convey any or all of the facilities to the lessee or lessees thereof with or without consideration;

(h) To borrow money and to issue bonds, notes, bond anticipation notes, or other obligations for any of its corporate purposes and to fund or refund the same, all as provided for in this article;

(i) To establish rules and regulations and to designate a participating health institution as its agent to establish such rules and regulations, for the use of the facilities undertaken or operated by such participating health institution; to employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation;

(j) To receive and accept from the federal government, the state of Colorado, or any other public agency loans, grants, or contributions for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts, or other contributions from any source; and to use such funds only for the purposes for which they were loaned, contributed, or granted;

(k) To mortgage or pledge all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof;

(l) To make mortgage or other secured or unsecured loans to any participating health institution for the cost of the facilities in accordance with an agreement between the authority and such participating health institution; but no such loan shall exceed the total cost of such facilities as determined by such participating health institution and approved by the authority;

(m) To make mortgage loans or other secured or unsecured loans to a participating health institution; to refund outstanding obligations, mortgages, or advances issued, made, or given by such institution for the cost of its facilities, including the issuance of bonds and the making of loans to a participating health institution; and to refinance outstanding obligations and indebtedness incurred for facilities undertaken and completed prior to, on, or after July 1, 1977, when the authority makes a finding consistent with section 25-25-115 (1);

(n) To obtain, or aid in obtaining, from any department or agency of the United States or of this state or any private company, any insurance or guarantee as to, or of, or for the payment or repayment of interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to the provisions of this article; and, notwithstanding any other provisions of this article, to enter into any agreement, contract, or any other instrument whatsoever with respect to any such insurance or guarantee, to accept payment in such manner and form as provided therein in the event of default by a participating health institution, and to assign any such insurance or guarantee as security for the authority's bonds;

(o) To do all things necessary and convenient to carry out the purposes of this article;

(p) To charge to and equitably apportion among participating health institutions its administrative costs and expenses incurred in the exercise of the powers granted and duties conferred by this article;

(q) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this article;

(r) To assist, coordinate, and participate with other issuers of tax-exempt bonds and public officials in other states in connection with financing on behalf of a multistate health institution;

(s) In connection with financing on behalf of a multistate health institution:

(I) To determine or agree upon who will be assisting, coordinating, or participating issuers of tax-exempt bonds in other states;

(II) To determine or agree upon what the terms or conditions of the financing will be with assisting, coordinating, or participating issuers of tax-exempt bonds in other states; and

(III) To charge fees to, apportion fees among, or agree upon fees with assisting, coordinating, or participating issuers of tax-exempt bonds in other states.

(2) The authority shall not have the power to operate the facilities as a business other than as a lessee or lessor. Notwithstanding anything contained in this subsection (2) to the contrary, the authority shall have the power to enter into leases which are annually renewable with a public hospital or institution. Any lease of the facilities entered into pursuant to the provisions of this article shall provide for rentals adequate to pay principal and interest on any bonds issued to finance such facilities as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.
C.R.S. § 25-7-211 — CO Code / Title 25 / Article 7 / Part 2 / Section 25-7-211
25-7-211. Visibility impairment attribution studies
Status: in_force

25-7-211. Visibility impairment attribution studies. (1) Any visibility impairment reasonable attribution study pertaining to class I areas shall be subject to balanced peer review by a panel including scientists with appropriate expertise who do not have any substantive involvement with any party, shall be site-specific with respect to any suspected source of impairment and to any impacted area, shall be conducted under the oversight of the division, including, but not limited to, determination of deadlines for such study, and shall utilize study design and data collection and analytical techniques, including, but not limited to, contemporaneous ambient air quality, visibility, and meteorological sampling that allows correlation of the data relevant to any such study. With the exception of emissions from agricultural, horticultural, or floricultural activities that are exempted under section 25-7-109 (8), relevant data shall include a reasonable assessment of the contributions of emissions from reasonably identifiable sources, including natural sources, within the state and region. Any remedy selection must include relevant economic impact data. In order to minimize delay in the process, the study shall proceed as expeditiously as sound science will allow. The cost of any such study shall not be required to be paid by the department of public health and environment.

(2) Nothing in subsection (1) of this section, 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.
C.R.S. § 25-5-502 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-502
25-5-502. Definitions
Status: in_force

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

(1) "Banned hazardous substance" means:

(a) (I) Any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted.

(II) The department shall exempt by regulation articles, such as chemical sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings. Proceedings for the issuance, amendment, or repeal of exemption regulations shall be governed by the provisions of section 25-5-508.

(b) Any hazardous substance intended, or packaged in a form suitable, for use in the household which the department by regulation classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this article for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of commerce.

(2) "Combustible" means any substance which has a flash point above eighty degrees Fahrenheit to and including one hundred and fifty degrees, as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department.

(3) "Commerce" means any and all commerce within the state of Colorado, and subject to the jurisdiction thereof, and includes the operation of any business or service establishment.

(4) "Corrosive substance" means any substance which, in contact with living tissue, will cause destruction of tissue by chemical action but shall not refer to action on inanimate surfaces.

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

(6) "Electrical hazard" means an article, the design or manufacture of which, in normal use or when subjected to reasonably foreseeable damage or abuse, may cause personal injury or illness by electric shock.

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

(8) "Extremely flammable substance" is a substance which has a flash point at or below twenty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department.

(9) "Flammable substance" is a substance which has a flash point above twenty degrees Fahrenheit to and including eighty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by the methods generally applicable to such materials or containers and established by regulation issued by the department.

(10) (a) "Hazardous substance" means any substance or mixture of substances which:

(I) Is toxic;

(II) Is corrosive;

(III) Is an irritant;

(IV) Is a strong sensitizer;

(V) Is flammable or combustible; or

(VI) Generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(b) "Hazardous substance" also means:

(I) Any substances which the department by regulation finds, pursuant to the provisions of section 25-5-508, meet the requirements of paragraph (a) of this subsection (10);

(II) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the department determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this article in order to protect the public health;

(III) Any toy or other article intended for use by children which the department by regulation determines, in accordance with section 25-5-508, presents an electrical, mechanical, or thermal hazard.

(c) The term "hazardous substance" shall not apply to an economic poison subject to regulation by the federal government; to a substance regulated by the "Pesticide Act"; to food, drugs, and cosmetics subject to regulation by the federal government or the "Colorado Food and Drug Act"; or to anhydrous ammonia as an agricultural fertilizer as regulated by article 13 of title 35, C.R.S. "Hazardous substance" shall not include a substance intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house or any source material, special nuclear material, or byproduct material as defined in the federal "Atomic Energy Act of 1954", as amended, and regulations issued pursuant thereto by the atomic energy commission.

(11) (a) "Highly toxic" means any substance which falls within any of the following categories:

(I) Produces death within fourteen days in one-half or more than one-half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or

(II) Produces death within fourteen days in one-half or more than one-half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or

(III) Produces death within fourteen days in one-half or more than one-half of a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for twenty-four hours or less.

(b) If the department finds that available data on human experience with any substance indicate results different from those obtained on animals in the above-named dosages or concentrations, the human data shall take precedence.

(12) "Irritant" means any substance not corrosive within the meaning of subsection (4) of this section which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

(13) "Label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement made by or under authority of this part 5 that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and on all accompanying literature where there are directions for use, written or otherwise.

(14) "Mechanical hazard" means an article, the design or manufacture of which, in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness from fracture, fragmentation, or disassembly of the article; from propulsion of the article or any part or accessory thereof; from points or other protrusions, surfaces, edges, openings, or closures of the article; from moving parts of the article; from lack or insufficiency of controls to reduce or stop the motion of the article; as a result of self-adhering characteristics of the article; because the article, or any part or accessory thereof, may be aspirated or ingested; because of the instability of the article; or because of any other aspect of the article's design or manufacture.

(15) "Misbranded hazardous substance" means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 25-5-508, fails to bear a label:

(a) Which states conspicuously:

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

(II) The common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the department by regulation permits or requires the use of a recognized generic name;

(III) The signal word "DANGER" on substances which are extremely flammable, corrosive, or highly toxic;

(IV) The signal word "WARNING" or "CAUTION" on all other hazardous substances;

(V) An affirmative statement of the principal hazard or hazards, such as "Flammable", "Combustible", "Vapor Harmful", "Causes Burns", "Absorbed Through Skin", or similar wording descriptive of the hazard;

(VI) Precautionary measures describing the action to be followed or avoided, except when modified by regulation of the department pursuant to section 25-5-508;

(VII) Instruction, when necessary or appropriate, for first-aid treatment;

(VIII) The word "poison" for any hazardous substance which is highly toxic;

(IX) Instructions for handling and storage of packages which require special care in handling or storage; and

(X) The statement "Keep out of the reach of children" or its practical equivalent or, if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.

(b) On which any statement required under paragraph (a) of this subsection (15) is located prominently and is in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

(16) "Person" means an individual, partnership, corporation, or association or its legal representative or agent.

(17) "Radioactive substance" means a substance which emits ionizing radiation.

(18) "Strong sensitizer" means a substance which will cause, on normal living tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the department. Before designating any substance as a strong sensitizer, the department, upon consideration of frequency of occurrence and severity of the reaction, shall find that the substance has significant potential for causing hypersensitivity.

(19) "Thermal hazard" means an article, the design, or manufacture of which, in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat, as from heated parts, substances, or surfaces.

(20) "Toxic" shall apply to any substance (other than a radioactive substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface.
C.R.S. § 25-2-113.8 — CO Code / Title 25 / Article 2 / Section 25-2-113.8
25-2-113.8. Birth certificate modernization act - new birth certificate following a change i
Status: repealed

25-2-113.8. Birth certificate modernization act - new birth certificate following a change in gender designation - short title - definition. (1) The short title of this section is "Jude's Law".

(1.5) As used in this section, unless the context otherwise requires, "report of birth" means an electronic or paper document containing information related to a vital event submitted by a person or entity required to submit the information for purposes of registering a vital statistic.

(2) (a) Repealed.

(b) An amended birth certificate may be issued to change the sex designation of the person to male, female, or "X" pursuant to the requirements of this section. "X" is a designation that is neither male nor female.

(c) A report of birth, filed with the state registrar, must be completed in accordance with the information required by the national center for health statistics in the centers for disease control and prevention in the federal department of health and human services.

(3) The state registrar shall issue a new birth certificate to a person who was born in this state and who has a gender different from the sex denoted on that person's birth certificate when the state registrar receives:

(a) A written request from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, to issue a new birth certificate with a gender designation that differs from the sex designated on the person's original birth certificate; and

(b) (I) A statement, in a form or format designated by the state registrar, from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's birth certificate does not align with the person's gender identity; and

(II) If the person is a minor under the age of eighteen, a statement, in a form or format designated by the state registrar, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating the sex designation on the birth certificate does not align with the minor's gender identity. This subsection (3)(b)(II) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.

(4) Notwithstanding subsection (3) of this section, the state registrar shall issue a new birth certificate to a person with a court order indicating the sex or gender of the person born in the state of Colorado has been changed.

(5) The state registrar may only amend a gender designation for an individual's birth certificate one time upon the individual's request. Any further requests from the individual for additional gender designation changes require the submission of a court order indicating that the gender designation change is required.

(6) The state registrar is authorized to contact the medical or mental health-care provider to verify a statement made pursuant to subsection (3)(b)(II) of this section.

(7) If a new birth certificate is issued pursuant to this section, the birth certificate must reflect, or be reissued to reflect, any legal name change made before or simultaneous to the change in gender designation, as long as appropriate documentation of the name change is submitted.

(8) The state registrar shall not request any additional information or records other than those required by subsection (3) or (4) of this section to process a request to modify a gender designation. The state registrar shall not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business.

(9) When the state registrar receives the documentation described in subsection (3) or (4) of this section, the state registrar shall issue a new birth certificate reflecting the new gender designation and, if applicable, the person's new name. Notwithstanding section 25-2-115 (1), the new birth certificate supersedes the original as the official public record and must not be marked as amended or indicate in any other manner that the gender designation or name on the certificate has been changed.

(10) In the case of a person who is a resident of this state and was born in another state or in a foreign jurisdiction, if the other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender, the courts in this state have jurisdiction to issue such a decree.

(11) The state registrar shall promptly notify the department of revenue when an individual is issued a new birth certificate pursuant to this section.
C.R.S. § 25-1-115 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-115
25-1-115. Treatment - religious belief
Status: in_force

25-1-115. Treatment - religious belief. Nothing in this part 1 shall authorize the department to impose any mode of treatment inconsistent with the religious faith or belief of any person.
C.R.S. § 25-3.5-702 — CO Code / Title 25 / Article 3.5 / Part 7 / Section 25-3.5-702
25-3.5-702. Legislative declaration
Status: in_force

25-3.5-702. Legislative declaration. (1) The general assembly hereby finds and declares that trauma is the greatest single cause of death and disability in Colorado for persons under the age of forty-five years and that trauma care is a unique type of emergency medical service.

(2) The general assembly further finds that a trauma system task force made up of various emergency health and trauma care entities submitted a report to the general assembly in 1993 indicating a compelling need to develop and implement a statewide trauma care system in order to assure that appropriate resources are available to trauma victims from the point of injury through rehabilitative care. In addition, a statewide system is essential to provide Colorado residents and visitors with a greater probability of surviving a life-threatening injury and to reduce trauma-related morbidity and mortality in this state.

(3) The general assembly, therefore, declares that it is necessary to enact legislation directing the board of health to adopt rules that govern the implementation and oversight of the trauma care system. The general assembly further declares that to ensure the availability and coordination of resources necessary to provide essential care, it is necessary to enact legislation that directs the department of public health and environment to collaborate with existing agencies and organizations, including governing bodies for counties and cities and counties, in implementing and monitoring a statewide trauma care system.
C.R.S. § 25-8-201 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-201
25-8-201. Water quality control commission created
Status: repealed

25-8-201. Water quality control commission created. (1) (a) (I) There is created in the department of public health and environment a water quality control commission, which is a type 1 entity, as defined in section 24-1-105, and which exercises its powers and performs its duties and functions under the department of public health and environment.

(II) The commission consists of nine citizens of the state appointed by the governor, with the consent of the senate, for terms of three years; except that the terms must be staggered so that no more than five members' terms expire in the same year. Members of the commission must be appointed so as to achieve geographical representation and to reflect the various interests in water in the state. At least two members must reside in that portion of the state that is west of the continental divide. No more than five members of the commission may be affiliated with the same political party.

(III) At least one member of the commission must have agricultural experience, preferably a member with agricultural experience who is also regulated by the division. At least three other members of the commission must be from the community regulated by the division, employed by an entity that is subject to fees set pursuant to this article 8, and, to the extent practicable, employed by an entity that is subject to a different type of fee pursuant to this article 8 than the type of fee that the employers of the other two members are subject.

(IV) A member of the commission must have experience or training in one or more of the following areas:

(A) Science;

(B) Engineering;

(C) Technology;

(D) Industry;

(E) Construction;

(F) Labor;

(G) Agriculture;

(H) Environmental law;

(I) Environmental policy;

(J) Environmental justice;

(K) Municipal water treatment;

(L) Municipal wastewater treatment;

(M) Municipal government; or

(N) County government.

(b) Repealed.

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

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

(b) If any member of the commission is absent from two consecutive meetings, the chairman of the commission shall determine whether the cause of such absences was reasonable. If he determines that the cause of the absences was unreasonable, he shall so notify the governor who may remove such member and appoint a qualified person for the unexpired portion of the regular term, subject to confirmation by the senate.

(3) Each member of the commission not otherwise in full-time employment of the state shall receive a per diem which shall be the same amount paid to the general assembly for attendance at interim committees for each day actually and necessarily spent in the discharge of official duties, not to exceed twelve hundred dollars in any one year; and each member shall receive traveling and other necessary expenses actually incurred in the performance of his official duties as a member of the commission.

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

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

(6) All members shall have a vote. Two-thirds of the commission shall constitute a quorum, and the concurrence of a majority of the quorum in any matter within its powers and duties shall be required for any determination made by the commission.
C.R.S. § 25-7-1101 — CO Code / Title 25 / Article 7 / Part 11 / Section 25-7-1101
25-7-1101. Legislative declaration
Status: in_force

25-7-1101. Legislative declaration. (1) The general assembly hereby declares that:

(a) Exposure of children to lead represents a significant environmental health problem that is preventable;

(b) According to the federal "Residential Lead-based Paint Hazard Reduction Act of 1992", 15 U.S.C. secs. 2682 and 2684, et seq., as amended, home buyers and renters must be properly informed of the risks of lead exposure to children, especially children under seven years of age;

(c) Trained and qualified individuals are needed in order to advise consumers about lead hazards in general and about specific measures that may be needed to control such hazards; and

(d) The state seeks to adopt the concept of "lead-safe" housing units and child-occupied facilities, rather than "lead-free" housing and facilities. The goal of the state should not be the removal of all lead-based paint, but the creation of housing and facilities where no significant lead-based paint hazard is present. This goal includes the removal, enclosure, or encapsulation of lead-based paint to remove lead hazards from target housing and child-occupied facilities.

(2) The general assembly declares that the enforcement of the lead-based paint abatement standards may be delegated to local health and building departments in Colorado.

(3) Therefore, the general assembly determines and declares that the enactment of this part 11 is a matter of statewide concern to achieve uniformity in the regulation of lead abatement practices and uniformity in the qualifications for and certification of persons who perform such abatement.
C.R.S. § 25-7-103.5 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-103.5
25-7-103.5. Air quality enterprise - legislative declaration - fund - definitions - gifts, g
Status: repealed

25-7-103.5. Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) Colorado faces numerous serious air quality challenges, which are having substantial adverse health and environmental impacts and impose additional burdens on Colorado's economy;

(b) The state of Colorado and stationary sources share the need for science-based air quality objectives that will require reductions in emissions of ozone precursors, greenhouse gases, and other pollutants;

(c) Colorado residents and stationary sources will benefit from effective ozone control strategies that are informed by the best available science to avoid reclassification of areas in attainment to nonattainment status or reclassification from serious to a more stringent category of nonattainment that will impose additional regulatory requirements;

(d) Enhanced monitoring techniques, capacity, and technology will provide better environmental results at a lower long-term cost;

(e) Air quality monitoring conducted by an enterprise in areas with a high concentration of air pollution sources will provide trusted data on the overall impact of these air pollution sources on nearby residents, while providing a cost-effective method to monitor the emissions they produce;

(f) Effective engagement with local communities often requires trusted third-party data and verification regarding emissions and environmental performance;

(g) Improved monitoring of emissions, better accuracy of emission inventories, and access to trusted science will ensure a level competitive playing field for Colorado businesses;

(h) Stationary sources in Colorado may seek air quality enterprise mitigation and monitoring services to implement their obligations under rules and permits and environmental, social, and governance objectives;

(i) Emission mitigation and monitoring programs can be more effective with economies of scale and when conducted on a statewide or regional basis through an enterprise;

(j) The air quality enterprise provides business services when, in exchange for payment of fees, it provides:

(I) High-quality, independent, and trusted research and science regarding emissions rates and inventories, monitoring and control technologies, and health effects and emissions impacts;

(II) High-quality, independent, and trusted data regarding pollutant emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;

(III) Tools, data, and research for more effective community engagement on air pollution issues;

(IV) Opportunities for trusted and cost-effective mitigation project development; and

(V) Additional business services to fee payers as may be provided by law;

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

(l) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenues collected by the enterprise are fees, not taxes, because the enterprise fees are:

(I) Imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in this section to fee payers; and

(II) Collected at rates that are reasonably calculated based on the benefits received by those entities and the costs of the services the enterprise provides; and

(m) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue collected by the enterprise under subsection (4) of this section is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b).

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

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

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

(c) "Enterprise" means the air quality enterprise created in subsection (3) of this section.

(d) "Enterprise fee" or "fee" means money collected through fees authorized by subsection (4) of this section.

(e) "Executive director" means the executive director of the department.

(f) "Fund" means the air quality enterprise cash fund created in subsection (4) of this section.

(g) "Greenhouse gas" has the meaning established in section 25-7-140 (6).

(3) Enterprise. (a) There is hereby created in the department the air quality enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of conducting the business activities specified in this section. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

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

(c) In addition to any other powers and duties specified in this section, the enterprise's powers and duties are to:

(I) Conduct science-based, unbiased air quality modeling, monitoring, assessment, data analysis, and research, which may include obtaining, analyzing, and reporting permitting and enforcement data; data regarding potential health risks from emissions; emission data; ambient air quality, visibility, and meteorological sampling data; and similar data. The board shall prioritize these activities based on a research project's ability to provide information that will: Support tangible progress toward aiding fee payers' obligations and commitments to reducing air pollutants emitted by the fee payers; support fee payers in attaining standards and health-based or environmental guidelines; and assess public health that may be affected by fee payer emissions. The board shall ensure that all research conducted by the enterprise and its contractors is impartial, transparent, and meets high standards for scientific rigor. The board shall consult with fee payers, atmospheric science and public health experts, engineers with air quality expertise, and community stakeholders on formulating research priorities and shall specifically prioritize:

(A) Enhanced monitoring projects, including the placement of permanent monitoring stations using gas chromatography or proven, state-of-the-art technology to measure, in real time or nearly so, nitrogen oxides, volatile organic compounds, ozone, methane, and particulates at key locations upwind, downwind, and within high-emission regions;

(B) Regular aerial surveys and observations to assist leak detection and repair activities, improve the accuracy of emission inventories, and create a better understanding of regional emission profiles; and

(C) Assessing local exposures to and the public health risk impacts of nearby air toxics sources;

(II) Establish the enterprise fees specified in subsection (4) of this section by rule and collect the fees;

(III) Allocate enterprise revenues to the services described in this section and contract for any necessary services from state agencies or other parties, including universities, private entities, and federal laboratories;

(IV) Issue revenue bonds payable from the revenues of the enterprise to implement its powers and duties;

(V) Receive fees or other payments, including those negotiated to conduct emission mitigation projects and custom monitoring or technology development or evaluation projects;

(VI) Engage the services of contractors, consultants, and legal counsel, including institutions of higher education, public research laboratories, private research institutions and consultants with expertise in air quality, the department, and the attorney general's office, for professional and technical assistance, advice, and other goods and services, including information technology, related to the conduct of the affairs of the enterprise without regard to the "Procurement Code", articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department may provide office space, administrative services, and staff pursuant to a contract entered into pursuant to this subsection (3)(c)(VI). The board may, in consultation with the executive director or the executive director's designee, hire such other staff as it deems necessary to provide its business services.

(VII) Promote the development of unbiased, high quality science and not advocate for or develop air quality policy. Consistent with this, the board shall not participate as a party in any air-quality-related rule-making proceedings or have any role in the implementation of Colorado's air quality laws.

(VIII) Receive payments to finance specific projects, including community-based monitoring or emission mitigation projects in the state or in a specified area of the state, as directed by this article 7 or any program that the commission establishes by rule pursuant to this article 7.

(d) (I) The enterprise is governed by a board of directors. The board consists of:

(A) The executive director or the executive director's designee;

(B) The following members appointed by the governor: Two members of the commission; two representatives of fee payers with expertise in field engineering or environmental management; one member with significant private sector experience in the field of business management; and four members who are highly qualified and professionally active or engaged in the conduct of scientific research, including at least two who are experts in atmospheric or air quality modeling, monitoring, assessment, and research and one member who is a toxicologist, epidemiologist, pathologist, pulmonologist, cardiologist, or expert in a similar field related to the public health or environmental effects of air pollutants.

(II) To the extent practicable, at least two of the governor appointees must be individuals who have a record of peer-reviewed publications and who are affiliated with, currently hold, or have held academic or equivalent appointments at universities, federal laboratories, or other research institutions.

(e) The executive director or the executive director's designee, in the capacity of a member of the board, shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. The appointed members of the board are entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending official board meetings.

(f) The term of office of appointed board members is three years.

(g) The board shall conduct the enterprise's business as required by state law, including the open meeting requirements of part 4 of article 6 of title 24 and the open record requirements of article 72 of title 24.

(4) Fund - enterprise fees and other revenue. (a) There is hereby created in the state treasury the air quality enterprise cash fund. The fund consists of money credited to the fund pursuant to this subsection (4), payments for other purposes as authorized under subsection (3)(c)(VIII) of this section, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) The board shall establish by rule enterprise fees, which may include the following enterprise fees in an amount that, in the aggregate, reflects the value of the services provided:

(I) A fee per ton of air pollutant emitted by a stationary source annually, which fee may vary based on the air pollutant relative to the extent of research or mitigation needs associated with the pollutant;

(II) A fee for custom or additional air quality modeling, monitoring, assessment, or research services; and

(III) A fee for emission mitigation project services sought by fee payers.

(c) Money in the fund is continuously appropriated to the enterprise to accomplish the purposes set forth in subsection (3)(c) of this section, including to:

(I) Conduct and broadly disseminate air quality modeling, monitoring, assessment, data analysis, health risk assessment, and research related to stationary sources that:

(A) Follow or advance best practices for risk assessment, risk management, monitoring, modeling, and assessment;

(B) Use consistent, data-driven, and transparent processes for scoping and prioritizing activities; and

(C) Use the best available scientific information;

(II) Provide high-quality, independent, and trusted research and development services regarding stationary source emissions rates and inventories, monitoring and control technologies, and public health risk impacts from those emissions;

(III) Provide high-quality, independent, and trusted data regarding pollutant emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;

(IV) Provide trusted and cost-effective mitigation project services to meet corporate sustainability, settlement, and other objectives;

(V) Provide additional business services to fee payers as may be provided by law; and

(VI) Provide its data to fee payers, the division, and the commission to facilitate the fee payers' emissions mitigation and compliance efforts and the division's and commission's enforcement and administration of this article 7.

(d) The enterprise shall dedicate a meaningful portion of its annual revenues toward competitive grants to conduct highly qualified, peer-reviewed research related to research priorities identified by the board. Before finalizing a draft research product, the board shall post the draft on the board's website and allow a period of time for public comment on the draft. The board shall publish the research products and make them and all data collected pursuant to enterprise-funded research publicly available.

(e) Before establishing fees, the board shall conduct a stakeholder process to solicit input from potential fee payers and other stakeholders on the appropriate fee structure. The enterprise shall not collect any fees before July 1, 2021. The amount of enterprise fees collected under subsection (4)(b)(I) of this section is limited as follows:

(I) For state fiscal year 2021-22, fees must not exceed one million dollars;

(II) For state fiscal year 2022-23, fees must not exceed three million dollars;

(III) For state fiscal year 2023-24, fees must not exceed four million dollars; and

(IV) (A) For state fiscal years commencing on or after July 1, 2024, fees must not exceed five million dollars.

(B) Subsections (4)(e)(I) to (4)(e)(III) of this section and this subsection (4)(e)(IV)(B) are repealed, effective September 1, 2026.

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

(5) Report. Notwithstanding section 24-1-136 (11)(a)(I), the board shall provide a report to the committees of reference of the general assembly with jurisdiction over public health and the environment by December 1 of each year. The report must include summaries of the board's prioritization of research needs; modeling, monitoring, assessment, and research accomplished by the enterprise; the enterprise's completed, ongoing, and planned emission mitigation services; use of the fund; enterprise fees; and the value of business services provided to fee payers through the operation of the enterprise.

(6) Repeal. (a) This section is repealed, effective September 1, 2034. Before the repeal, the enterprise is scheduled for review in accordance with section 24-34-104.

(b) On September 1, 2034, the state treasurer shall transfer all unallocated money in the fund to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).
C.R.S. § 25-5-313 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-313
25-5-313. Posting of license
Status: repealed

25-5-313. Posting of license. (Repealed)
C.R.S. § 25-10-106 — CO Code / Title 25 / Article 10 / Section 25-10-106
25-10-106. Basic rules for local administration
Status: in_force

25-10-106. Basic rules for local administration. (1) Local boards of health or the commission, as appropriate, shall adopt rules under section 25-10-104 that govern all aspects of the application for and issuance of permits, the inspection and supervision of installed systems, the issuance of cease-and-desist orders, the maintenance and cleaning of systems, and the disposal of waste material. The rules must, at a minimum, include provisions regarding:

(a) Procedures by which a person may apply for a permit for an on-site wastewater treatment system. The permit application must be in writing and must include any information, data, plans, specifications, statements, and commitments as required by the local board of health to carry out the purposes of this article.

(b) Review of the application and inspection of the proposed site by the local public health agency;

(c) Specification of studies to be performed and reports to be made by the applicant and the circumstances under which the studies or reports may be required by the local public health agency;

(d) Determination on behalf of the local public health agency by an environmental health specialist or a professional engineer after review of the application, site inspection, test results, and other required information, whether the proposed system complies with the requirements of this article and the rules adopted under this article;

(e) Issuance of a permit by the health officer or the health officer's designated representative if the proposed system is determined to be in compliance with this article and the rules adopted under this article;

(f) Review by the local board of health, upon request of an applicant, of applications denied by the local public health agency;

(g) The circumstances under which all applications are subject to mandatory review by the local public health agency to determine whether a permit shall issue;

(h) Final inspection of a system to be made by the local public health agency or its designated professional engineer after construction, installation, alteration, or repair work under a permit has been completed, but before the system is placed in use, to determine that the work has been performed in accordance with the permit and that the system is in compliance with this article and the rules adopted under this article;

(i) Inspection of operating systems at reasonable times, and upon reasonable notice to the occupant of the property, to determine if the system is functioning in compliance with this article and the rules adopted under this article. Officials of the local public health agency are permitted to enter upon private property for purposes of conducting such inspections.

(j) Issuance of a repair permit to the owner or occupant of property on which a system is not in compliance. An owner or occupant shall apply to the local public health agency for a repair permit within two business days after receiving notice from the local public health agency that the system is not functioning in compliance with this article or the rules adopted under this article or otherwise constitutes a nuisance or hazard to public health or water quality. The permit shall provide for a reasonable period of time within which the owner or occupant must make repairs, at the end of which period the local public health agency shall inspect the system to ensure that it is functioning properly. Concurrently with the issuance of a repair permit, the local public health agency may authorize the continued use of a malfunctioning system on an emergency basis for a period not to exceed the period stated in the repair permit. The period of emergency use may be extended, for good cause shown, if, through no fault of the owner or occupant, repairs may not be completed in the period stated in the repair permit and only if the owner or occupant will continue to make repairs to the system.

(k) (I) Issuance of an order to cease and desist from the use of any on-site wastewater treatment system or sewage treatment works that is found by the health officer not to be in compliance with this article or the rules adopted under this article or that otherwise constitutes a nuisance or a hazard to public health or water quality. Such an order may be issued only after a hearing is conducted by the health officer not less than forty-eight hours after written notice of the hearing is given to the owner or occupant of the property on which the system is located and at which the owner or occupant may be present, with counsel, and be heard. The order must require that the owner or occupant bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty days, or thereafter cease and desist from the use of the system. A cease-and-desist order issued by the health officer is reviewable in the district court for the county in which the system is located and upon a petition filed no later than ten days after the order is issued.

(II) For the purposes of this paragraph (k), any system or sewage treatment works that does not comply with any statute or rule of this title constitutes a nuisance.

(III) For the purposes of this paragraph (k), a sewage treatment works does not include any sewage treatment facility with a discharge permit issued pursuant to section 25-8-501.

(l) Reasonable periodic collection and testing by the local public health agency of effluent samples from on-site wastewater treatment systems for which monitoring of effluent is necessary in order to ensure compliance with this article or the rules adopted under this article. The sampling may be required not more than two times a year, except when required by the health officer in conjunction with action taken pursuant to paragraph (k) of this subsection (1). The local public health agency may charge a fee not to exceed actual costs, plus locally established mileage reimbursement rates for each mile traveled from the principal office of the local public health agency to the site of the system and return, for each sample collected and tested, and payment of such charges may be stated in the permit for the system as a condition for its continued use. Any owner or occupant of property on which an on-site wastewater treatment system is located may request the local public health agency to collect and test an effluent sample from the system. The local public health agency may, at its option, perform such collection and testing services, and is entitled to charge a fee not to exceed actual costs, plus locally established mileage reimbursement rates for each mile traveled from the principal office of the local public health agency to the site of the system and return, for each sample collected and tested.

(m) At the option of the local board of health, maintenance and cleaning schedules and practices adequate to ensure proper functioning of various types of on-site wastewater treatment systems. The local board of health may additionally require proof of proper maintenance and cleaning, in compliance with the schedule and practices adopted under this subsection (1), to be submitted periodically to the local public health agency by the owner of the system.

(n) Disposal of septage at a site and in a manner that does not create a hazard to the public health, a nuisance, or an undue risk of pollution.
C.R.S. § 25-17-501 — CO Code / Title 25 / Article 17 / Part 5 / Section 25-17-501
25-17-501. Short title
Status: in_force

25-17-501. Short title. The short title of this part 5 is the "Plastic Pollution Reduction Act".
C.R.S. § 25-5.5-115 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-115
25-5.5-115. Analyses prima facie evidence
Status: in_force

25-5.5-115. Analyses prima facie evidence. Reports of analyses and tests signed by the department shall be accepted in all courts and places as prima facie evidence of the properties, constituency, or condition of the article analyzed.
C.R.S. § 25-1-1003 — CO Code / Title 25 / Article 1 / Part 10 / Section 25-1-1003
25-1-1003. Grant program - requirements - use of medical assistance funds prohibited
Status: in_force

25-1-1003. Grant program - requirements - use of medical assistance funds prohibited. (1) The department of public health and environment may encourage the development of a private grant program to provide start-up funds to nursing home facilities for the purpose of establishing child care centers located in such nursing home facilities.

(2) The state board of health, after consultation with the division in the department of human services involved in licensing child care centers and if the committee formed in section 25-1-1004 recommends the establishment of child care facilities in nursing homes, shall promulgate reasonable rules and regulations establishing any necessary requirements for operating a day care center in a nursing home facility. Such rules and regulations shall include, but need not be limited to, the following:

(a) Requirements for the operation of a safe and good-quality child care operation in the nursing home facility or upon the nursing home facility's grounds, which shall include:

(I) Precautions required to be taken to ensure that all staff and residents who will participate in the intergenerational programs have not been involved in incidents of sexual abuse or child abuse;

(II) Requirements relating to the ability to properly care for the children;

(III) Child care ratios of staff to children;

(IV) Requirements relating to the constant supervision of the children by staff members and not by nursing home residents;

(V) Life safety and fire regulations;

(b) Requirements on the amount and type of liability insurance necessary to insure the risks associated with the child care operation;

(c) Requirements on the ways in which the nursing home residents may be involved in the child care center and the requirement that the participation of nursing home residents in intergenerational activities with the children in the child care operation shall be on a voluntary basis;

(d) Requirements that any fees assessed to the employees of the nursing home facility whose children participate in the child care program will be based on a sliding scale;

(e) Requirements that the participation of employees of the nursing home facility in the enrollment of their children in the intergenerational day care program of the nursing home facility shall be on a voluntary basis.

(3) No medical assistance funds under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S., shall be used to subsidize the cost of operating a day care center or day care program in a nursing home facility.
C.R.S. § 25-15-318.5 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-318.5
25-15-318.5. Nature of a notice of environmental use restrictions
Status: in_force

25-15-318.5. Nature of a notice of environmental use restrictions. (1) A notice of environmental use restrictions is an agency action based on the state's police power.

(2) A notice of environmental use restrictions is binding on current and subsequent owners of the affected land and any person using or possessing an interest in the land.

(3) The requirements and restrictions contained in a notice of environmental use restrictions are requirements under this part 3, but may be enforced only as provided in section 25-15-322. The creation of a notice of environmental use restrictions does not trigger the application of any other requirement of this part 3.
C.R.S. § 25-5-1204 — CO Code / Title 25 / Article 5 / Part 12 / Section 25-5-1204
25-5-1204. Penalty for violation
Status: in_force

25-5-1204. Penalty for violation. A person who violates any provision of this part 12 is subject to a civil penalty of not less than one thousand dollars and not more than ten thousand dollars for each offense. The penalty is determined and collected by the district court for the judicial district in which the violation occurs upon an action instituted by the department of public health and environment. The district court shall transmit penalties collected pursuant to this section to the state treasurer, who shall credit the moneys to the general fund.
C.R.S. § 25-17-705 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-705
25-17-705. Producer responsibility program for statewide recycling - needs assessment - pla
Status: in_force

25-17-705. Producer responsibility program for statewide recycling - needs assessment - plan proposal - rules. (1) (a) On or before June 1, 2023, producers or their designated agents shall establish a nonprofit organization to fulfill the requirements of this part 7 and shall provide notification to the department that includes:

(I) The name, address, and contact information of a person responsible for ensuring the compliance of the nonprofit organization and participating producers with this part 7;

(II) A list of participating producers; and

(III) A description of the funding mechanism that the nonprofit organization will use to conduct the needs assessment.

(b) Upon receipt of the notification given pursuant to subsection (1)(a) of this section, the executive director shall:

(I) Acknowledge receipt of the notification; and

(II) Designate the nonprofit organization as the producer responsibility organization to implement and administer the producer responsibility program for statewide recycling.

(c) The organization designated by the executive director pursuant to subsection (1)(b)(II) of this section must have a governing board with voting members that represent a diverse range of producers by size and type and represent producers of different types of covered materials. The members of the governing board shall not have more than one member per corporate entity. The governing board of the organization shall include nonvoting members that represent trade associations for types of covered materials. The organization shall provide public notice of any board meetings at least seventy-two hours before the board meeting.

(2) The producer responsibility organization shall:

(a) Facilitate a needs assessment in consultation with the advisory board;

(b) Consult with the advisory board in the development of the plan proposal prior to its submission, including in the development of the cost formulas for reimbursements to service providers pursuant to subsection (3)(a)(III) of this section;

(c) Submit a plan proposal in accordance with subsection (4) of this section that covers a period of five years; and

(d) Operate and administer the program in accordance with the final plan, the provisions of this part 7, and the rules adopted by the commission under this part 7.

(3) (a) On or before September 1, 2023, the organization shall hire an independent third party approved by the executive director to conduct an assessment of the state's recycling needs. The organization shall issue a request for proposals in accordance with the provisions of the "Procurement Code", articles 101 to 112 of title 24, and any rules, for the selection of the independent third party. Prior to the commencement of the needs assessment, the organization shall consult with the advisory board on the scope of the needs assessment and provide any necessary recommendations to the third-party consultant conducting the needs assessment. The needs assessment shall be inclusive of and address the needs of all geographic areas of the state. At a minimum, the needs assessment must identify:

(I) The service availability, capacity, performance, and gaps in recycling services provided to residential covered entities throughout the state and the prices paid for recycling services;

(II) The documented recycling services costs incurred by public and private service providers to provide recycling services for residential covered entities;

(III) Demographic factors and other variables to be considered in the development of reimbursement rates for service providers in accordance with subsection (4)(j) of this section;

(IV) The levels of contamination at materials recovery facilities and compost facilities throughout the state and the impacts of contamination on those facilities;

(V) The service availability, gaps, and recycling services costs associated with providing recycling services to nonresidential covered entities, with particular attention to small businesses, and which types and locations of nonresidential covered entities could be provided with recycling services that would increase statewide collection and recycling rates in a cost-effective manner;

(VI) The processing capacity of existing infrastructure and the additional infrastructure needed to meet or exceed the convenience standards, reduce contamination, and improve the quality of recyclable materials and the projected scenarios for increasing the recycling rate and collection rate of covered materials, as identified pursuant to subsection (3)(a)(XIII) of this section;

(VII) An evaluation of the opportunities and costs of various service methods to increase recycling rates overall for specific covered material types;

(VIII) A proposed list of covered materials for inclusion in the minimum recyclable list and additional materials that may be collected in different geographic areas through curbside services, drop-off centers, or other means;

(IX) The market conditions and opportunities for the use of recycled covered materials in the state and in different geographic areas of the state, including the transportation gaps and opportunities affecting access to markets;

(X) Opportunities for the use of innovative new technologies, including artificial intelligence technologies, for the recycling and reuse of covered materials;

(XI) The availability and scope of any reuse or refill systems in the state affecting the use of covered materials;

(XII) Education needs in the state with respect to the education needs described in section 25-17-707; and

(XIII) At least three projected scenarios for increasing the recycling rate and collection rate of covered materials in the state, including recycling rates and collection rates that the state could meet by January 1, 2030, and January 1, 2035, and the operating and capital costs needed to reach each projected scenario, including:

(A) A review and assessment of the impact of the exemptions described in sections 25-17-703 (13)(b), 25-17-703 (25)(b), and 25-17-713 on the feasibility and short-term and long-term success of the program;

(B) A review and assessment of the impact of producer exemptions in other international and domestic extended producer responsibility programs implemented by a producer responsibility organization; and

(C) A determination of whether any industry sector would be disproportionately impacted as a result of the exemptions described in subsection (3)(a)(XIII)(A) of this section; and

(XIV) The capacity, costs, and gaps for compost facilities to process and recover compostable materials.

(b) The organization shall consult with the advisory board throughout the needs assessment process and in determining which projected scenario identified pursuant to subsection (3)(a)(XIII) of this section to implement in its plan proposal.

(c) On or before January 30, 2024, the organization shall report the results of the needs assessment to the advisory board and the executive director. The executive director shall post the results of the needs assessment on the department's website and provide public notice and an opportunity to comment on the results of the needs assessment. In finalizing the needs assessment, the executive director shall include in the needs assessment a summary of any comments received pursuant to this subsection (3)(c) and identify any significant changes made to the needs assessment based on such comments.

(d) On or before March 15, 2024, the executive director shall submit and present the needs assessment to the joint budget committee or any successor committee. In the submittal and presentation, the executive director shall identify the projected scenarios identified pursuant to subsection (3)(a)(XIII) of this section and make a recommendation as to which projected scenario the plan proposal should incorporate. If the joint budget committee approves the executive director's recommendation, the organization shall implement that projected scenario in the plan proposal. If the joint budget committee does not approve the executive director's recommendation, the committee may propose legislation to direct the organization to implement a projected scenario identified pursuant to subsection (3)(a)(XIII) of this section. If the joint budget committee does not approve the executive director's recommendation, the organization shall not implement a scenario or plan without approval of the general assembly acting by bill.

(e) On or before May 1, 2029, and on or before May 1 every five years thereafter, the organization shall hire an independent third party approved by the executive director to conduct an updated assessment of the state's recycling needs to reevaluate the program and identify any recycling service needs in the state that are not being met by the program. In consultation with the advisory board, the organization may modify the scope of an updated needs assessment by April 15, 2029, and on or before April 15 every five years thereafter. The organization shall report the results of the updated needs assessment to the executive director in accordance with the reporting requirements set forth in subsection (3)(c) of this section. The organization shall use the findings of the updated needs assessment to create an updated plan proposal and submit the updated plan proposal to the advisory board in accordance with subsection (4) of this section. In consultation with the advisory board and the organization, the executive director may waive the requirement to conduct an updated needs assessment under this subsection (3)(e).

(4) On or before February 1, 2025, the organization shall submit a plan proposal for the program to the advisory board, that, except as set forth in subsection (4)(z) of this section, only addresses recycling services for residential covered entities. The plan proposal must cover a period of five years, and an updated plan proposal must be submitted to the advisory board on or before February 1 every five years thereafter. Any updated plan proposal must address recycling services for both residential and any applicable nonresidential covered entities, as identified in the needs assessment pursuant to subsection (3)(a)(V) of this section. In developing the plan proposal and any updated plan proposals, the organization shall solicit and consider input from the advisory board and provide opportunity for additional stakeholder input. To be approved, a plan proposal must:

(a) Provide contact information for the organization and a representative of the organization;

(b) Describe how the plan proposal will address and implement the findings of the needs assessment;

(c) Describe the manner in which the organization solicited and considered input from stakeholders and the advisory board in developing the plan proposal. The organization must provide a summary of any comments about the plan proposal from the advisory board and additional stakeholders and identify changes made to the plan proposal based on the comments.

(d) Describe how the organization will notify affected producers of their obligations under this part 7;

(e) Describe how the organization will track compliance among producers and will collaborate with the executive director to bring producers into compliance;

(f) Include a comprehensive list of the covered materials included in the program in accordance with this part 7;

(g) Establish recycling practices that:

(I) Meet or exceed the convenience standards;

(II) Use open, competitive, and fair procurement practices when entering into contracts with service providers, and, when entering into contracts with private service providers, adopt a preference for service providers with strong labor standards and worker safety practices;

(III) Ensure that any covered materials collected for recycling will be transferred to a responsible end market; and

(IV) Use environmentally sound management practices;

(h) Describe how the organization will work with newspaper publishers and magazine and periodical publishers to accept print or online advertising in lieu of all or a portion of the producer responsibility dues for newspapers, magazines, and periodicals circulated within the state;

(i) Establish a funding mechanism that:

(I) Does not exceed the direct and indirect costs of implementing the program, including the costs of:

(A) Providing recycling services under the program through contracts with service providers or reimbursement of recycling services costs under the reimbursement rates proposed pursuant to subsection (4)(j) of this section;

(B) Meeting the reporting requirements set forth in section 25-17-709 (2);

(C) Conducting the needs assessment;

(D) Developing and updating the final plan;

(E) Implementing the education and outreach program set forth in section 25-17-707;

(F) Reimbursing the department pursuant to section 25-17-715 for its costs in administering and implementing this part 7, including the costs of the advisory board; and

(G) Reimbursing the department pursuant to section 25-17-715 for the costs of enforcing this part 7 pursuant to section 25-17-710;

(II) Is funded through producer responsibility dues. The producer responsibility dues must vary by the type of covered material, whether or not the material is readily recyclable, and be based on the net recycling services costs for each covered material in the state. The organization may use up to five percent of the producer responsibility dues collected from producers for administration of the program, over the terms of the program, in accordance with generally accepted accounting principles, but the organization shall not use any producer responsibility dues collected from producers to pay employee bonuses.

(III) Requires:

(A) Any surplus money generated by the program to be placed back into the program for program improvements or a reduction in producer responsibility dues;

(B) The organization to maintain a financial reserve sufficient to operate the program in a fiscally prudent and responsible manner; and

(C) Annual updates to the producer responsibility dues schedule to reflect changes in program costs and relevant plan revisions and how the organization will solicit and incorporate input from all producers in setting and revising the annual producer responsibility dues schedule;

(IV) Includes eco-modulation factors that lower producer responsibility dues to incentivize:

(A) Reductions in the amount of packaging materials used for products;

(B) Innovations and practices to enhance the recyclability or commodity value of covered materials;

(C) High levels of postconsumer recycled material use;

(D) Designs for the reuse and refill of covered materials; and

(E) High recycling and refill rates of covered materials;

(V) Includes eco-modulation factors that increase producer responsibility dues to discourage:

(A) Designs and practices that increase the costs of recycling, reusing, or composting covered materials;

(B) Designs and practices that disrupt the recycling of other materials; and

(C) Producers from using covered materials that are not on the minimum recyclable list; and

(VI) At the request of a producer or producers of a covered material, may include a special assessment paid by the producers of that covered material to cover system improvements that improve the collection and recycling of that covered material or facilitate the addition of the covered material to the list of readily recyclable materials;

(j) Include reimbursement rates for one hundred percent of the net recycling services costs of the recycling services provided by service providers under the program consistent with the requirements of section 25-17-706. The reimbursement rates must:

(I) Be calculated using an objective cost formula or formulas;

(II) Incorporate the relevant cost information identified by the needs assessment pursuant to subsection (3)(a)(III) of this section;

(III) Be calculated on a per unit basis such as per ton, per household, or other unit of measurement; and

(IV) Take into account:

(A) Regional recycling services costs;

(B) Population density;

(C) The number and types of households served;

(D) The collection method used;

(E) The revenue generated from covered materials;

(F) The amount of inbound contamination and other factors affecting the quality of covered materials; and

(G) Other demographic factors identified in the needs assessment pursuant to subsection (3)(a)(III) of this section;

(k) Describe the process to evaluate and revise the objective cost formulas as necessary and using documented costs. If the plan proposal includes more than one objective cost formula for recycling services, the plan proposal must describe the conditions under which each formula will be applied.

(l) Include a schedule of reimbursement rates for service providers that elect to participate in the program and be reimbursed by the organization for providing recycling services for the program and describe a process for updating the schedule periodically and as necessary;

(m) Include a proposed budget and a description of the process used to determine producer responsibility dues, including a de minimis level in which no dues are charged and an optional flat rate for producers below a certain size to minimize the administrative and reporting costs of the producers and the organization;

(n) Describe a plan that outlines, if the organization ceases to exist or ceases to administer the program, how any producer responsibility dues that have not been used to implement the program will be transferred to another organization designated by the executive director under subsection (1)(b)(II) of this section to administer the program or will be transferred to the fund to be managed by the department until transferred to another designated organization;

(o) Include the minimum recyclable list established in accordance with section 25-17-706 (1)(a);

(p) Set targets for the minimum collection rates, minimum recycling rates, and minimum postconsumer-recycled-content rates for certain types of covered materials, including paper products, glass, metal, and plastic, that the state will strive to meet by January 1, 2030, and January 1, 2035;

(q) Describe how the organization plans to continue to increase the state's minimum collection rates, minimum recycling rates, and minimum postconsumer-recycled-content rates after January 1, 2030, and January 1, 2035;

(r) Describe how the organization will verify minimum postconsumer-recycled-content rates and how postconsumer-recycled-content rates will be calculated using weight and other metrics and describe any waivers from minimum postconsumer-recycled-content rates granted to a type or subcategory of covered materials and the criteria for evaluating such waivers, including food safety requirements, technological feasibility, or inadequate supply, and how often the waivers will be reviewed;

(s) Describe how the organization will provide producers with the opportunity to purchase postconsumer-recycled materials from processors at market prices if the producer is interested in obtaining recycled feedstock to achieve minimum postconsumer-recycled-content rates;

(t) Describe how the organization will reduce or offset the producer responsibility dues for any producer or group of producers that fund or operate a collection program that:

(I) Covers a specific type of covered material that is not processed by materials recovery facilities; and

(II) Has recycling rates that meet or exceed the minimum recycling rate target set forth in the plan proposal pursuant to subsection (4)(p) of this section;

(u) Describe how the organization will work with service providers to:

(I) Utilize and expand on existing recycling services and infrastructure and existing education and outreach programs;

(II) Reduce contamination of covered materials delivered to materials recovery facilities and compost facilities by:

(A) Requiring each materials recovery facility and compost facility participating in the program to report annually to the organization on contamination levels at each facility; and

(B) Providing funding or other assistance to compost facilities to reduce the costs of managing or increase the effectiveness of efforts to manage contamination and to process and recover compostable packaging materials;

(III) Invest in new or upgraded recycling infrastructure;

(IV) Propose an approach to measure and report on the use of reusable and refillable covered materials and establish goals and strategies for increasing the use of reusable and refillable covered materials;

(V) Mitigate the impacts of covered materials on other materials and equipment at sorting and processing facilities;

(VI) Invest in market development for covered materials in the state; and

(VII) Increase the recycling of collected covered materials;

(v) Describe how the organization will work with and incentivize producers to reduce the packaging of products using covered materials through product design changes, the development or expansion of systems for reusable packaging, and product innovation;

(w) Describe how the program will prioritize the use of end markets that return postconsumer recycled materials to their original product type;

(x) Describe how the organization will evaluate and monitor the use of responsible end markets through methods such as processor contracts or financial incentives;

(y) Describe how the organization will implement the education and outreach program set forth in section 25-17-707;

(z) Describe a process and timeline, beginning no later than 2028, to expand recycling services to applicable nonresidential covered entities, as identified in the needs assessment pursuant to subsection (3)(a)(V) of this section; and

(aa) Include any additional information required by the department.

(5) (a) The advisory board shall review the plan proposal for compliance with this part 7. The advisory board shall consult with the organization throughout its review of the plan proposal. Within ninety days after the submission of the plan proposal to the advisory board, the advisory board shall either provide any recommended amendments to the plan proposal to the organization or, if the advisory board does not have any recommended amendments, forward the plan proposal to the executive director. The organization shall provide responsive answers to the advisory board's recommendations and submit the amended plan proposal to the advisory board within sixty days after its receipt of the recommended amendments. Within forty-five days after the submission of the amended plan proposal to the advisory board, the advisory board shall forward the amended plan proposal to the executive director with its recommendation for approval or rejection and, if applicable, a written explanation of the basis for recommending rejection of the plan proposal. Within eight days after receiving the plan proposal, the executive director shall post the plan proposal on the department's website and provide public notice and an opportunity to comment on the plan proposal.

(b) (I) Within one hundred twenty days after receiving the plan proposal or amended plan proposal, the executive director shall:

(A) Approve the plan proposal or amended plan proposal; or

(B) Reject the plan proposal or amended plan proposal.

(II) If the executive director rejects the plan proposal or amended plan proposal, the executive director shall notify the organization of the rejection and the reasons for the rejection, which reasons must be based on the failure of the plan proposal or amended plan proposal to comply with the requirements specified in subsection (4) of this section. The organization must submit a new plan proposal to the advisory board within sixty days after receiving the executive director's rejection. The new plan proposal must be reviewed by the advisory board and the new plan proposal or new amended plan proposal must be reviewed and approved or rejected by the executive director in accordance with subsection (5)(a) of this section and this subsection (5)(b).

(c) (I) If the executive director approves the plan proposal or amended plan proposal pursuant to subsection (5)(b)(I) of this section, the executive director shall designate the plan proposal or amended plan proposal as the final plan and shall publish the final plan on the department's website.

(II) The organization shall begin implementing the final plan within six months after it is approved.

(6) (a) The organization may submit proposed amendments to the final plan annually to the advisory board for inclusion in the annual report under section 25-17-709 (2)(c). At least sixty days prior to the deadline to submit the annual report, the department may request that the organization submit an amendment to the annual plan to address a specific concern or aspect of the plan. At least thirty days prior to submitting the annual report pursuant to section 25-17-709 (2)(a), the organization shall consult with the advisory board on any proposed amendments to the final plan. The advisory board shall submit any proposed amendments to the executive director. The executive director shall approve or reject the proposed amendments based on the plan proposal requirements specified in subsection (4) of this section.

(b) The organization shall continue to operate the program in accordance with the final plan pending the approval or rejection of a proposed amendment by the executive director. The executive director's rejection of a proposed amendment pursuant to this subsection (6) does not relieve the organization of its responsibility to continue to operate the program in accordance with the final plan.

(7) The executive director shall enforce this part 7 in accordance with section 25-17-710 and the commission shall promulgate rules in accordance with article 4 of title 24 as may be necessary for the administration of this part 7 and the enforcement of this part 7 pursuant to section 25-17-710. Notwithstanding any law to the contrary, the organization may not make any determination as to a person's compliance with this part 7.

(8) (a) On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit to the advisory board an individual program plan proposal. A producer must notify the department of its intent to submit an individual program plan proposal by January 1, 2024, and by each January 1 thereafter. The individual program plan proposal must:

(I) Comply with the requirements of subsection (4) of this section, as applicable;

(II) Describe how the producer participating in the individual program plan proposal will contribute to the costs of the department in overseeing the program;

(III) Describe how the producer will reimburse service providers that provide recycling services for the covered materials covered by the individual program plan proposal; and

(IV) Describe any alternative collection programs run by the producer and its recycling rates.

(b) The advisory board shall review and make recommendations on, and the executive director shall approve or reject, any individual program plan proposals in accordance with the procedures set forth in subsection (5) of this section. After the executive director approves the individual program plan proposal, the executive director shall designate the individual program plan proposal as the plan that the producer is authorized to implement and administer as an alternative to participating in the program.

(c) The producer implementing a plan described in subsection (8)(b) of this section shall submit any amendments to the plan to the advisory board in accordance with subsection (6) of this section. The advisory board shall review and make recommendations on, and the executive director shall approve or reject, any amendments to the plan in accordance with subsection (6) of this section.
C.R.S. § 25-29-109 — CO Code / Title 25 / Article 29 / Section 25-29-109
25-29-109. Records of board of directors
Status: in_force

25-29-109. Records of board of directors. All resolutions shall be recorded and authenticated by the signature of the secretary of the board of directors. The resolutions and other proceedings of the board of directors, minutes of the board meetings, annual reports and financial statements, certificates, contracts and financial agreements, employee salaries, and bonds given by officers, employees, and any other agents of the authority, and any personnel reports, guidelines, manuals, or handbooks, other than individual personnel files, are a public record as defined in section 24-72-202 (6) and subject to part 2 of article 72 of title 24. The account of all money received by and disbursed on behalf of the authority is also a public record. Notwithstanding any provision of this section to the contrary, the content of an electronic medical record system and individual medical records or medical information is not a public record, and all writings and other records concerning the modification, initiation, or cessation of patient care and authority health-care programs or initiatives shall not be deemed to be a public record if premature disclosure of information contained in such writings or other records would give an unfair competitive or bargaining advantage to any person or entity.
C.R.S. § 25-20.5-503 — CO Code / Title 25 / Article 20.5 / Part 5 / Section 25-20.5-503
25-20.5-503. School-based health center grant program - creation - funding - grants
Status: in_force

25-20.5-503. School-based health center grant program - creation - funding - grants. (1) There is hereby created, in the prevention services division of the department of public health and environment, the school-based health center grant program, referred to in this part 5 as the "grant program", for the purpose of assisting the establishment, expansion, and ongoing operations of school-based health centers in Colorado. The grant program shall be funded by moneys annually appropriated by the general assembly specifically for said program.

(2) (a) (I) Operators of school-based health centers may apply for grants for the benefit of school-based health centers. The grant program shall provide grants for school-based health centers selected by the division. The division, in consultation with school-based health centers, shall develop criteria under which the grants are distributed and evaluated. In developing the criteria for grants, the division shall give priority to centers that serve a disproportionate number of uninsured children, a low-income population, or both. The division may award grants to: Establish new school-based health centers; expand primary health services, behavioral health services, including education, intervention, and prevention services for opioid, alcohol, and marijuana, and other substance use disorders, or oral health-care services offered by existing school-based health centers; expand enrollment in the children's basic health plan; provide support for ongoing operations of school-based health centers; or provide support for innovations in school-based health care, including school-linked health-care services.

(II) Subject to available appropriations, money awarded through the grant program may also be directed to evidence-informed school-linked health-care services models, including telehealth services by a provider located in this state and mobile health units, to expand access to primary health-care services, behavioral health-care services, oral health-care services, and preventive health-care services, unless the division determines that adequate school-linked health-care services proposals have not been submitted for the grant cycle.

(III) The division shall not award grants to provide abortion services in violation of section 50 of article V of the state constitution.

(b) (I) On or before July 1, 2018, the general assembly shall appropriate seven hundred seventy-five thousand dollars to the department from the marijuana tax cash fund created in section 39-28.8-501 for the purposes of expanding behavioral health therapy, intervention, and prevention services for opioid, alcohol, and marijuana, and other substance use disorders pursuant to this subsection (2). The department shall prioritize funding to school-based health centers that serve communities with high-risk factors for substance abuse combined with limited access to treatment services according to state needs assessments, Colorado health indicator data, and national best practice trends.

(II) Any unencumbered and unexpended money from an appropriation made pursuant to this subsection (2)(b) remains available for expenditure by the department in the next two fiscal years without further appropriation.

(c) (I) For the 2022-23 budget year, the general assembly shall appropriate one million five hundred thousand dollars from the behavioral and mental health cash fund created pursuant to section 24-75-230 to the department to fund the grant program for the benefit of school-based health centers to respond to the COVID-19 pandemic and its negative public health impacts. The department or the grantees awarded money must spend or obligate any money in accordance with section 24-75-226 (4)(d).

(II) The department and the grantees shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(3) The division shall engage with and assist communities interested in becoming grantees and shall consider how to support improving access to school-based health care. The division shall specify and provide to potential grant recipients the following information:

(a) Procedures and timelines by which an operator of a school-based health center may apply for a grant;

(b) Grant application contents;

(c) Criteria for selection, reporting, evaluation, and other criteria as necessary;

(d) Criteria for determining the amount and duration of the grants;

(e) Reporting requirements for grant recipients; and

(f) Any other information the division deems necessary.

(4) Grant recipients shall submit reports to the division as outlined in the reporting requirements summarizing the use of the grant moneys.

(5) A grant awarded by the division shall be used for the school-based health center for the purposes stated in this part 5. The grants shall supplement existing funding sources for the school-based health center, such as federal funds, patient fees, public and private insurance, and grants and donations, including in-kind donations received from community hospitals, foundations, local governments, and private sources.
C.R.S. § 25-8.5-118 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-118
25-8.5-118. Power to levy special assessments
Status: in_force

25-8.5-118. Power to levy special assessments. (1) The board, in the name of the authority, for the purpose of defraying all the cost of acquiring or constructing, or both, any project or facility authorized by this article, or any portion of the cost thereof not to be defrayed with moneys available therefor from its own funds, any special funds, or otherwise, also has the power under this article:

(a) To levy assessments against all or portions of the property within the authority and to provide for collection of the assessments pursuant to part 6 of article 20 of title 30, C.R.S.;

(b) To pledge the proceeds of any assessments levied under this article to the payment of assessment bonds and to create liens on such proceeds to secure such payments;

(c) To issue assessment bonds payable from the assessments, which assessment bonds shall constitute special obligations of the authority and shall not be a debt of the authority; and

(d) To make all contracts, to execute all instruments, and to do all things necessary or convenient in the exercise of the powers granted in this article or in the performance of the authority's duties or in order to secure the payment of its assessment bonds.

(2) The authority shall give notice, by publication once in a newspaper of general circulation in the authority, to the owners of the property to be assessed, which shall include:

(a) The kind of improvements proposed;

(b) The number of installments and the time in which the cost of the project will be payable;

(c) A description of the properties which will be assessed;

(d) The probable cost per acre or other unit basis which, in the judgment of the authority, reflects the benefits which accrue to the properties to be assessed; except that no benefit shall accrue to agricultural lands;

(e) The time, not less than thirty days after the publication, when a resolution authorizing the improvements will be considered;

(f) A map of the properties to be assessed, together with an estimate and schedule showing the approximate amounts to be assessed, and a statement that all resolutions and proceedings are on file and may be seen and examined by any interested person at the office of the authority or other designated place at any time within said period of thirty days; and

(g) A statement that all complaints and objections by the owners of property to be assessed in writing concerning the proposed improvements will be heard and determined by the authority before final action thereon.

(3) The finding, by resolution, of the board that said improvements were ordered after notice given and after hearing held and that such proposal was properly initiated by the said authority shall be conclusive of the facts so stated in every court or other tribunal.

(4) Any resolution or order regarding the assessments or improvements may be modified, confirmed, or rescinded at any time prior to the passage of the resolution authorizing the improvements.
C.R.S. § 25-1-114.6 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-114.6
25-1-114.6. Implementation of environmental self-audit law - pilot project - legislative dec
Status: repealed

25-1-114.6. Implementation of environmental self-audit law - pilot project - legislative declaration. (1) (a) The general assembly hereby finds and determines that, in order to encourage the regulated community to utilize the environmental self-audit provisions contained in this section and sections 25-1-114.5, 13-25-126.5, and 13-90-107 (1)(j), C.R.S., a pilot project is established. The general assembly hereby declares that the purpose of the environmental self-audit provisions contained in this section and sections 25-1-114.5, 13-25-126.5, and 13-90-107 (1)(j), C.R.S., is to encourage the regulated community to voluntarily identify environmental concerns and to address them expeditiously without fear of enforcement action by regulatory agencies. The general assembly recognizes that, due to concerns with the environmental self-audit provisions, the United States environmental protection agency has, in the past, taken direct action against entities in the regulated community that have made disclosures under the environmental self-audit provisions. The general assembly further declares that the pilot project enacted by this section is intended to allow entities to proceed under the environmental self-audit provisions with assurance that, if any such entity complies with such environmental self-audit provisions, the United States environmental protection agency will forego any enforcement action based on the disclosures made and addressed under the environmental self-audit pilot project.

(b) The general assembly further recognizes that, under the pilot project enacted by this section, the department of public health and environment will have discretion to consider certain factors in assessing a regulated entity's eligibility for penalty immunity under the environmental laws. The general assembly intends that this additional flexibility to assess an entity's eligibility, along with the protection from federal overfiling that the pilot project provides, will encourage entities to participate in the project and allow the department of public health and environment to assess the effectiveness of the environmental self-audit provisions.

(c) The provisions of this section shall only apply to disclosures made under this section and sections 25-1-114.5, 13-25-126.5, and 13-90-107 (1)(j), C.R.S., after the department of public health and environment and the United States environmental protection agency have entered into a memorandum of agreement binding Colorado and the federal government to enforce environmental laws in a manner consistent with the provisions of this section.

(2) Notwithstanding the provisions of sections 25-1-114.5 (4) and (5), 13-25-126.5, and 13-90-107 (1)(j), C.R.S., on and after May 30, 2000, the department of public health and environment may assess penalties for criminal negligence when available under federal environmental law.

(3) (a) In addition to the provisions of subsection (2) of this section, notwithstanding the provisions of sections 25-1-114.5 (4) and (5), 13-25-126.5, and 13-90-107 (1)(j), C.R.S., on and after May 30, 2000, in determining whether an entity is entitled to penalty immunity under the provisions of section 25-1-114.5, the department of public health and environment may consider:

(I) Whether the activities disclosed may create imminent and substantial endangerment of, or result in serious harm to, public health and the environment; and

(II) Whether the activities disclosed conferred an unfair or excessive economic benefit on the disclosing entity.

(b) Notwithstanding any provision of sections 25-1-114.5 (4) and (5), 13-25-126.5, and 13-90-107 (1)(j), C.R.S., the department of public health and environment has discretion to determine whether and to what degree the factors in paragraph (a) of this subsection (3) apply given the particular circumstances of each situation.

(4) The pilot project created by this section applies to voluntary disclosures made under this section and sections 25-1-114.5, 13-25-126.5, and 13-90-107 (1)(j), C.R.S., on and after the effective dates of both this section (May 30, 2000) and the memorandum of agreement entered into under paragraph (c) of subsection (1) of this section.

(5) Pursuant to the procedures set forth in section 13-25-126.5, C.R.S., the department of public health and environment may obtain access to an environmental self-audit report where the department of public health and environment has independent evidence of any criminal violation of an environmental law. Evidence of a criminal violation constitutes "compelling circumstances" for purposes of section 13-25-126.5 (3)(c), C.R.S., where the department of public health and environment seeks access to an environmental self-audit report. When a self-audit report is obtained, reviewed, or used in a criminal proceeding under this subsection (5), the privilege provided in section 13-25-126.5, C.R.S., applicable to civil or administrative proceedings is not waived or eliminated.

(6) Repealed.
C.R.S. § 25-4-202 — CO Code / Title 25 / Article 4 / Part 2 / Section 25-4-202
25-4-202. Tests approved by department
Status: repealed

25-4-202. Tests approved by department. (Repealed)
C.R.S. § 25-17-803 — CO Code / Title 25 / Article 17 / Part 8 / Section 25-17-803
25-17-803. Requirements for products represented as compostable
Status: in_force

25-17-803. Requirements for products represented as compostable. (1) A producer of a product that is sold, offered for sale, or distributed in the state shall not represent the product as compostable in the state unless:

(a) The product is certified compostable in accordance with ASTM D6400 or ASTM D6868, as applicable; and

(b) To the extent consistent with federal trade commission guidelines and in a manner that ensures that the product is easily and immediately distinguishable as certified compostable, as described in subsection (1)(a) of this section, upon quick inspection at point of sale and point of use and in a public sorting area and processing facility, the product and its packaging:

(I) Display a certification logo that indicates that the product is certified compostable;

(II) Display the word "compostable" where possible; and

(III) Use green-colored labeling or striping or other easily recognizable green symbols, colors, tinting, marks, or design patterns that differentiate the product from products that are not certified compostable.

(2) Notwithstanding any provision of this section to the contrary, a producer of any product described in subsection (1) of this section that is a small product is required to comply only with the requirements of subsection (1)(b)(I), (1)(b)(II), or (1)(b)(III) of this section.

(3) (a) Any product accessory that is not a small product and that is sold, offered for sale, or distributed with any product described in subsection (1) of this section must:

(I) Comply with subsection (1) of this section if the product is certified compostable;

(II) Display a label on the product accessory and its packaging that clearly describes the recyclability of the product accessory; or

(III) Display a label on the product accessory and its packaging that includes the phrase "landfill only".

(b) Any product accessory that is a small product may comply with the requirements of subsections (2) and (3)(a) of this section, as applicable, in a manner that is in proportion to the size of the product accessory.

(4) Notwithstanding anything in this section to the contrary, the requirements of this section do not apply to a producer of a product that is comprised entirely of untreated wood.

(5) This section is effective July 1, 2024.
C.R.S. § 25-4-110 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-110
25-4-110. Prosecutions - disposition of fines
Status: in_force

25-4-110. Prosecutions - disposition of fines. All fines collected under the provisions of this part 1 shall be paid to the county treasurer of the county in which the prosecution is brought, and it is the duty of the district attorneys in the respective counties to prosecute all persons violating or refusing to obey the provisions of this part 1.
C.R.S. § 25-25-103 — CO Code / Title 25 / Article 25 / Section 25-25-103
25-25-103. Definitions
Status: in_force

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

(1) "Authority" means the Colorado health facilities authority created by this article.

(2) "Board" means the board of directors of the authority.

(3) "Bond", "note", "bond anticipation note", or "other obligation" means any bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article, including refunding bonds.

(4) "Bond resolution" means the resolution authorizing the issuance of, or providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.

(5) "Costs", as applied to facilities financed in whole or in part under the provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to:

(a) The acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement, and extension of such facilities; and

(b) The acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interest acquired, necessary, or used for, or useful for or in connection with, a facility; and

(c) All other undertakings that the authority deems reasonable or necessary for the development of a facility, including, without limitation, the cost of or for:

(I) Studies and surveys;

(II) Land title and mortgage guaranty policies;

(III) Plans, specifications, and architectural and engineering services;

(IV) Legal, accounting, organization, marketing, or other special services;

(V) Financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings;

(VI) Rehabilitation, reconstruction, repair, or remodeling of existing buildings; and

(VII) All other necessary and incidental expenses, including working capital and an initial bond and interest reserve funds, together with interest on bonds issued to finance such facilities to the extent permitted under applicable federal tax law.

(6) (a) "Health facility" or "facility", in the case of a participating health institution, means any structure or building, whether such structure or building is located within the state or whether such structure or building is located outside the state if an out-of-state health institution that operates or manages such structure or building, or an affiliate of such institution, also operates or manages a health facility within this state, suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health-care facility; laboratory; pharmacy; laundry; nurses', doctors', or interns' residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health-care facility; dental care facility; nursing school; medical or dental teaching facility; mental or physical health facilities related to any such structure or facility; or any other structure or facility required or useful for the operation of a health institution, including but not limited to offices, parking lots and garages, and other supporting service structures; and any equipment, furnishings, appurtenances, or other assets, tangible or intangible, including but not limited to assets related to the medical practice of a health-care professional, that are necessary or useful in the development, establishment, or operation of a participating health institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.

(b) "Health facility" or "facility" does not include the following:

(I) Food, fuel, supplies, or other items that are customarily considered as a current operating expense or charges;

(II) Property used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship; or

(III) Property used or to be used primarily in connection with any part of a program of a school or department of divinity of any religious denomination.

(7) (a) "Health institution" means a limited liability company controlled directly or indirectly by one or more nonprofit entities, a private nonprofit hospital, corporation, association, or institution, or a public hospital or institution authorized or permitted by law, whether directly or indirectly through one or more affiliates, to provide, operate, or manage one or more health facilities in this state or outside this state if such entity, or an affiliate of such entity, also operates or manages a health facility within this state.

(b) "Health institution" also includes a cooperative hospital service organization, as described in section 501 (e) of the "Internal Revenue Code of 1986", as amended, or a similar corporation, whether or not such corporation is exempt from federal income taxation pursuant to said section 501 (e).

(c) (I) "Health institution" also includes a network of health-care providers, however organized; an integrated health-care delivery system; a joint venture or partnership between or among health-care providers; a health-care purchasing alliance; health insurers and third-party administrators that are participants in a system, network, joint venture, or partnership that provides health services; an organization whose primary purpose is to provide supporting services to one or more health institutions; or a health-care provider or such other health-care-related organization, or an affiliate of such organization, whose regional or national headquarters are located in this state.

(II) In order to be a health institution, a network, system, joint venture, partnership, alliance, provider, or organization described in subparagraph (I) of this paragraph (c) shall be a nonprofit entity or controlled by one or more nonprofit entities.

(7.5) "Participating health institution" means a health institution that undertakes the financing and construction or acquisition of health facilities or undertakes the refunding or refinancing of outstanding obligations in accordance with this article.

(8) "Refinancing of outstanding obligations" means liquidation, with the proceeds of bonds or notes issued by the authority, of any indebtedness of a participating health institution incurred prior to, on, or after July 1, 1977, to finance or aid in financing a lawful purpose of such health institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of the health institution was initially incurred.

(9) "Revenues" means, with respect to facilities, the rents, fees, charges, interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.
C.R.S. § 25-7-1309 — CO Code / Title 25 / Article 7 / Part 13 / Section 25-7-1309
25-7-1309. Repeal of part
Status: repealed

25-7-1309. Repeal of part. (1) This part 13 shall be repealed on the occurrence of any one of the following events:

(a) Termination of the intergovernmental agreement by either the tribe or the state; or

(b) Enactment of an explicit repeal by the general assembly, acting by separate bill.

(c) (Deleted by amendment, L. 2010, (SB 10-082), ch. 182, p. 655, § 2, effective April 29, 2010.)
C.R.S. § 25-3.5-801 — CO Code / Title 25 / Article 3.5 / Part 8 / Section 25-3.5-801
25-3.5-801. Short title
Status: in_force

25-3.5-801. Short title. This part 8 shall be known and may be cited as the "Tobacco Education, Prevention, and Cessation Act".
C.R.S. § 25-38-103 — CO Code / Title 25 / Article 38 / Section 25-38-103
25-38-103. Definitions
Status: in_force

25-38-103. Definitions. As used in this article 38, unless the context otherwise requires:

(1) "Carrier" shall have the same meaning as set forth in section 10-16-102, C.R.S.

(2) "Commissioner" means the commissioner of insurance.

(3) "Consumer" includes members of the public, health-care consumers and potential health-care consumers, purchasers of health insurance plans, or patients.

(3.5) "Dentist" means a dentist licensed under the "Dental Practice Act", article 220 of title 12.

(4) "Designation" means an award, assignment, characterization, or representation of the cost efficiency, quality, or other assessment or measurement of the care or clinical performance of any physician or dentist that is disclosed or intended for disclosure to the public or persons actually or potentially covered by a health plan, by use of a grade, star, tier, rating, profile, or any other form of designation. "Designation" does not include:

(a) Information that is derived solely from health plan member feedback such as satisfaction ratings; or

(b) Information for programs designed to assist health plan members with estimating a physician's or dentist's routine fees or costs.

(5) "Health-care entity" means any carrier or other entity that provides a plan of health-care coverage to beneficiaries under a plan.

(6) "Methodology" means the method by which a designation is determined, including, but not limited to, the use of algorithms or studies, evaluation of data, application of guidelines, or performance measures.

(7) "Physician" means any physician licensed under the "Colorado Medical Practice Act", article 240 of title 12.
C.R.S. § 25-13-105 — CO Code / Title 25 / Article 13 / Section 25-13-105
25-13-105. Unlawful acts
Status: in_force

25-13-105. Unlawful acts. (1) Except as otherwise provided in this article, it is unlawful for any person:

(a) Within the recreation areas of the state to discharge untreated sewage upon the surface of the ground or in any waters of the state;

(b) To deposit or bury refuse on the public lands or waters within this state, except within areas or receptacles designated by the operator for this purpose;

(c) To deposit refuse on private or public land in such a way that said refuse may be blown, carried, or otherwise transported from its point of deposit;

(d) To willfully mar, mutilate, deface, disfigure, or injure beyond normal use any rocks, trees, shrubbery, wild flowers, or other features of the natural environment in recreation areas of the state;

(e) To willfully cut down, uproot, break, or otherwise destroy any living trees, shrubbery, wild flowers, or natural flora in recreation areas of the state;

(f) To build fires unless in compliance with rules and regulations of the board, to abandon or to leave fires unattended, or to store flammable liquids in a container which is not of a type approved by the department in an organized campground or other recreation area subject to this article;

(g) In organized campgrounds or recreation areas to use any cleansing agents, whether organic or inorganic in nature, in waters of the state for any purpose, including but not limited to bathing, clothes washing, and similar activities, or to dispose of any water containing such agents on the surface of the ground within fifty feet of any waters of the state. Such water shall be disposed of in facilities provided by the operator or in the manner specified by the operator.
C.R.S. § 25-48-117 — CO Code / Title 25 / Article 48 / Section 25-48-117
25-48-117. No duty to prescribe or dispense
Status: in_force

25-48-117. No duty to prescribe or dispense. (1) A health-care provider may choose whether to participate in providing medical aid-in-dying medication to an individual in accordance with this article.

(2) If a health-care provider is unable or unwilling to carry out an individual's request for medical aid-in-dying medication made in accordance with this article 48, the provider shall inform the individual of the provider's inability or unwillingness.

(3) If the individual transfers the individual's care to a new health-care provider, the prior health-care provider shall transfer, upon request, a copy of the individual's relevant medical records to the new health-care provider.
C.R.S. § 25-17-804 — CO Code / Title 25 / Article 17 / Part 8 / Section 25-17-804
25-17-804. Marketing and advertising prohibitions for products that are not certified compo
Status: in_force

25-17-804. Marketing and advertising prohibitions for products that are not certified compostable - misleading labels, images, and words - plastic products. (1) A producer of a product that is not certified compostable shall not market or advertise the product in the state using:

(a) Tinting, color schemes, labeling, or words that are required for products represented as compostable pursuant to section 25-17-803; or

(b) Labeling, images, or words that could be reasonably anticipated to mislead consumers into believing that the product is compostable.

(2) (a) A producer of a plastic product shall not market or advertise the product in the state using:

(I) The words "natural", "biodegradable", "degradable", "decomposable", "oxo-degradable", "bioassimilable", "omnidegradable", or any other similar form of these words; or

(II) Any labeling, images, or words that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment in the same manner as a product that is certified compostable.

(b) The prohibitions in subsection (2)(a) of this section do not apply to biodegradable mulch film.

(3) A producer of a product that is compostable shall not market or advertise the product using a chasing arrow resin identification code or recycling symbol of any form.

(4) Each producer that sells, offers for sale, or distributes a product in the state is encouraged to use labeling, images, and words that assist consumers in identifying products that are suitable for recycling or landfill only, as applicable, and that are not compostable.

(5) The requirements of this section apply only to the extent consistent with any applicable federal law.

(6) The prohibition in subsection (1)(a) of this section does not apply to brand colors or colors used in a manner that is not clearly intended to indicate compostability.

(7) This section is effective January 1, 2024.
C.R.S. § 25-20.5-1204 — CO Code / Title 25 / Article 20.5 / Part 12 / Section 25-20.5-1204
25-20.5-1204. Resource bank - duties
Status: in_force

25-20.5-1204. Resource bank - duties. (1) The office shall create and maintain a resource bank of regularly updated and accurate materials and resources as a repository for data, research, and statistical information regarding gun violence in Colorado.

(2) As part of maintaining the resource bank, the office shall:

(a) Assist researchers who are seeking information about gun violence in Colorado;

(b) Collaborate with researchers, including organizations that conduct gun violence research, to:

(I) Identify gaps in available data needed for gun violence prevention research and develop strategies to improve relevant data collection in Colorado;

(II) Use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities; and

(III) Improve the understanding of the disproportionate barriers to safety from gun violence by encouraging disaggregation of data by race and ethnicity when research is conducted; and

(c) Promote new and relevant research regarding gun violence prevention and, if possible, make this research accessible to researchers and the public.
C.R.S. § 25-13-112 — CO Code / Title 25 / Article 13 / Section 25-13-112
25-13-112. Citizen's complaint
Status: in_force

25-13-112. Citizen's complaint. Any person may initiate an action under the provisions of this article by signing a complaint, in accordance with the applicable rules of judicial procedure, that he has observed a violation of this article.
C.R.S. § 25-7-1206 — CO Code / Title 25 / Article 7 / Part 12 / Section 25-7-1206
25-7-1206. Coal-fired power plants
Status: in_force

25-7-1206. Coal-fired power plants. (1) (a) If the owner or operator of a coal-fired power plant or group of coal-fired power plants reduces the uncontrolled sulfur dioxide emission rate, measured in either pounds per million BTU or tons per year, by an average of at least seventy percent and the actual emission rate of sulfur dioxide by an average of at least fifty percent from one or more units located within the same airshed, regardless of whether the units are located on the same plant site, and such reductions are pursuant to a voluntary agreement entered into under section 25-7-1203, the assurance period for such units shall be a period ending fifteen years after the date established for achieving the voluntary emission limitations under the agreement.

(b) If the owner or operator of any coal-fired power plant that includes one or more units, each of which already has emission control technologies in place to reduce sulfur dioxide emissions by at least sixty-five percent from uncontrolled levels, significantly reduces the actual emission rate of sulfur dioxide and such reduction is pursuant to a voluntary agreement entered into under section 25-7-1203, the assurance period for such units shall be no more than fifteen years from the date the emissions reductions are achieved. Such a coal-fired power plant that is the subject of a certification of visibility impairment in a federally designated class 1 area as of July 1, 1998, may not enter into a voluntary agreement addressing the pollutants subject to the certification of visibility of impairment under section 25-7-1203 unless:

(I) The owner or operator of the plant has negotiated a settlement with the division that resolves all matters related to such certification of visibility impairment; and

(II) The voluntary agreement is fully consistent with the terms and conditions of the negotiated settlement.

(c) A coal-fired power plant or group of plants may achieve the emission reductions required by this section through a voluntary agreement that allows the plant or group of plants to control emissions by methods other than the installation and operation of pollution control equipment. Such methods may include but are not limited to burning low-sulfur coal, reducing the operation of units, retiring units, and changing fuels. If such methods are included in a voluntary agreement, the agreement shall include the procedure by which the division shall calculate the emission reductions to be obtained by such methods.

(2) It is the intent of the general assembly that the commission should consider any coal-fired power plant or power plants located within the same airshed that are achieving the emission limitations described in this section under a voluntary agreement to be in compliance with any emission limitation that is based on a technology requirement in the federal act. Such consideration should continue for a period of fifteen years after the date established in the voluntary agreement for achieving the emission limitations that are contained in the voluntary agreement. During the fifteen-year period, the commission, by rule, may require the coal-fired power plant to meet a different emission limitation based on a technology requirement in the federal act if:

(a) The commission finds that a different emission limitation is necessary to comply with the federal act; and

(b) The owner or operator of the coal-fired power plant is not required to begin installation of the required emission control technology unless and until the general assembly has acted to postpone the expiration of the commission's rule in accordance with section 24-4-103, C.R.S.

(3) The general assembly further intends that nothing in subsection (2) of this section shall be construed to create a precedent for the application or interpretation of either the "Colorado Air Pollution Prevention and Control Act", article 7 of title 25, C.R.S., or the federal act in any circumstance other than the execution of voluntary agreements between the state of Colorado and the owners and operators of coal-fired power plants in accordance with this part 12.
C.R.S. § 25-8.5-120 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-120
25-8.5-120. Exclusion of property
Status: in_force

25-8.5-120. Exclusion of property. (1) Any owner of property within the boundaries of the authority may petition to be excluded from the authority.

(2) In order for such property to be excluded, the board must determine that the property does not receive wastewater treatment services or have an on-site wastewater treatment system located within the authority and either:

(a) Was improperly included within the authority; or

(b) Is not tributary to the basin, waters, or watersheds governed by the authority or will not benefit from projects or improvements provided by the authority.

(3) Any petition for exclusion shall specify the property to be excluded and evidence that the property complies with the criteria of subsection (2) of this section.

(4) The authority shall provide notice of the date, time, and place of the authority's meeting to consider the petition for exclusion.

(5) The authority may approve, modify, or deny a petition for exclusion.

(6) If the authority approves a petition for exclusion of property, the authority shall file a copy of said resolution with the division of local government and with the county, municipality, or special district authority members which includes within its boundaries the excluded property, record a copy of the resolution in the office of the county clerk and recorder in the county in which said excluded property is located, and file a copy with the county assessor in such county.
C.R.S. § 25-5-402 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-402
25-5-402. Definitions
Status: in_force

25-5-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(2) "Color" includes black, white, and intermediate grays.

(3) (a) "Color additive" means a material which:

(I) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; and

(II) When added or applied to a food, drug, or cosmetic or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which is exempted under the federal act.

(b) Nothing in this subsection (3) shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process or produce of the soil and thereby affecting its color, whether before or after harvest.

(4) "Consumer commodity", except as otherwise specifically provided in this subsection (4), means any food, drug, cosmetic, or device. Such term does not include:

(a) Any tobacco or tobacco product;

(b) Any commodity subject to packaging or labeling requirements imposed under article 9 of title 35, C.R.S., being known as the "Pesticide Act", or imposed by the secretary of agriculture under the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended (7 U.S.C. sec. 136 et seq.), or under the federal "Animal Virus, Serum, Toxin, Antitoxin Act" (21 U.S.C. secs. 151-158);

(c) Any drug subject to the provisions of section 25-5-415 (1)(m) or of 21 U.S.C. sec. 353 (b)(1) or 356;

(d) Any beverage subject to or complying with packaging or labeling requirements imposed under the "Federal Alcohol Administration Act" (27 U.S.C. secs. 201-211); or

(e) Any commodity subject to the provisions of article 27 of title 35, C.R.S., concerning seeds.

(5) "Contaminated with filth" applies to any food, drug, cosmetic, or device not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

(6) "Cosmetic" means articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance or articles intended for use as a component of any such articles; except that such term does not include soap.

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

(8) "Device", except when used in subsection (23) of this section and in sections 25-5-403 (1)(j), 25-5-411 (1)(g), 25-5-415 (1)(d), and 25-5-417 (1)(d), means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals.

(9) "Drug" means:

(a) Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them;

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;

(c) Articles, other than food, intended to affect the structure or any function of the body of man or other animals;

(d) Articles intended for use as a component of any article specified in paragraph (a), (b), or (c) of this subsection (9) but does not include devices or their components, parts, or accessories.

(10) "Federal act" means the "Federal Food, Drug, and Cosmetic Act" (21 U.S.C. sec. 301 et seq., 52 Stat. 1040).

(11) "Food" means articles used for food or drink for man or other animals, chewing gum, and articles used for components of any such article.

(12) "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and including any source of radiation intended for any such use) if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures (or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use. The term does not include:

(a) A pesticide chemical in or on a raw agricultural commodity;

(b) A pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity;

(c) A color additive; or

(d) Any substance used in accordance with a sanction or approval granted prior to the enactment of the amendment to the federal act known as the "Food Additives Amendment of 1958", the "Poultry Products Inspection Act" (21 U.S.C. secs. 451-470), or the "Federal Meat Inspection Act", as amended and extended (21 U.S.C. secs. 603-623).

(13) "Immediate container" does not include package liners.

(14) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article; and by or under the authority of this part 4 a requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper.

(15) "Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying such article.

(16) "Official compendium" means the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them.

(17) "Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include:

(a) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or

(b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers or wrappers bear no printed matter pertaining to any particular commodity.

(18) "Person" includes an individual, partnership, corporation, and association.

(19) "Pesticide chemical" means any substance which alone, in chemical combination, or in formulation with one or more other substances is a pesticide within the meaning of section 35-9-102 (21), C.R.S., and which is used in the production, storage, or transportation of raw agricultural commodities.

(20) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(21) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

(22) "Safe", as used in subsection (12) of this section, has reference to the health of man or animal.

(23) If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account all representations made or suggested by statement, work, design, device, sound, or any combination thereof, and also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(24) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as being, an antiseptic for inhibitory use which involves prolonged contact with the body.

(25) The provisions of this part 4 regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.
C.R.S. § 25-1.5-504 — CO Code / Title 25 / Article 1.5 / Part 5 / Section 25-1.5-504
25-1.5-504. Colorado health service corps advisory council - creation - membership - duties
Status: repealed

25-1.5-504. Colorado health service corps advisory council - creation - membership - duties. (1) There is hereby created in the primary care office the Colorado health service corps advisory council to review applications for participation in the Colorado health service corps and for scholarships under section 25-1.5-503.5 and to make recommendations to the primary care office pursuant to section 25-1.5-503 (2) and 25-1.5-503.5 (4).

(2) The advisory council consists of sixteen members appointed by the governor as provided in this subsection (2). In appointing members of the advisory council, the governor shall ensure that the advisory council includes at least one representative from each of the following organizations or practice areas:

(a) The commission on family medicine created pursuant to part 6 of article 1 of title 25.5;

(b) A nonprofit statewide membership organization that provides programs and services to enhance rural health care in Colorado;

(c) A membership organization representing federally qualified health centers in Colorado;

(d) A foundation that funds a health-care professional loan forgiveness program in Colorado;

(e) An economic development organization in Colorado;

(f) A membership organization representing community behavioral health-care providers;

(g) An advanced practice registered nurse in a faculty position at an educational institution with health-care professional programs, who is licensed to practice in Colorado;

(h) A physician who has experience in rural health, safety net clinics, or health equity;

(i) A nurse who has experience in rural health, safety net clinics, or health equity;

(j) A mental health provider who has experience in rural health, safety net clinics, or health equity;

(k) An oral health provider who has experience in rural health, safety net clinics, or health equity;

(l) A physician who is a faculty member of a medical school in Colorado;

(m) A citizen representative who has knowledge in rural health, safety net clinics, or health equity;

(n) A membership organization representing substance use disorder service providers;

(o) A licensed or certified addiction counselor who has experience in rural health, safety net clinics, or health equity; and

(p) A physician who provides geriatric care or a geriatric advanced practice provider.

(3) (a) Members appointed to the advisory council may serve terms of three years.

(b) The governor may appoint the same person to serve as a member of the advisory council for consecutive terms.

(4) (a) Advisory council members shall serve without compensation and without reimbursement for expenses.

(b) The primary care office shall provide staff assistance to the advisory council as necessary for the advisory council to complete the duties specified in this section.

(5) (a) The advisory council shall review applications received from health-care professionals, behavioral health-care providers, candidates for licensure, geriatric advanced practice providers, nursing faculty members, and health-care professional faculty members to participate in the Colorado health service corps. Subject to available appropriations and federal requirements concerning eligibility for federal loan repayment matching funds, the advisory council shall annually select health-care professionals, behavioral health-care providers, candidates for licensure, geriatric advanced practice providers, nursing faculty members, and health-care professional faculty members to participate in the Colorado health service corps and shall forward its list of selected participants to the primary care office.

(b) The advisory council shall review applications received for participation in the scholarship program. Subject to available appropriations, the advisory council shall annually select addiction counselors to participate in the scholarship program and shall forward its list of selected participants to the primary care office.

(6) Repealed.
C.R.S. § 25-27.6-109 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-109
25-27.6-109. Employee or contracted service provider criminal history record check - rules
Status: in_force

25-27.6-109. Employee or contracted service provider criminal history record check - rules. A behavioral health entity shall require an applicant seeking employment with or seeking to contract to provide services to the behavioral health entity to submit to a criminal history record check before employment or execution of a contract. The behavioral health entity shall pay the costs of the criminal history record check. The criminal history record check must be conducted not more than ninety days before the employment of or contract with the applicant.
C.R.S. § 25-4-1703 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1703
25-4-1703. Definitions
Status: in_force

25-4-1703. Definitions. As used in this part 17, unless the context otherwise requires:

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

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

(3) "Infant" means any child up to twenty-four months of age or any child eligible for vaccination and enrolled under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.

(3.5) "Minor" means any child under eighteen years of age.

(4) "Practitioner" means a duly licensed physician or other person who is permitted and otherwise qualified to administer vaccines under the laws of this state.

(5) "Vaccine" means such vaccines as are determined by the board of health to be necessary to conform to recognized standard medical practices. Such term includes, but is not limited to, the following vaccines:

(a) Diphtheria-tetanus-pertussis (DTP);

(b) Polio: Oral polio vaccine (OPV) or inactivated polio vaccine (IPV);

(c) Measles-mumps-rubella (MMR);

(d) Haemophilus influenzae type B conjugate vaccines (HIB).
C.R.S. § 25-49-101 — CO Code / Title 25 / Article 49 / Section 25-49-101
25-49-101. Short title
Status: in_force

25-49-101. Short title. The short title of this article 49 is the "Transparency in Health Care Prices Act".