C.R.S. § 25-17-709 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-709
25-17-709. Producer responsibility dues - inspection of records - annual reporting
Status: in_force

25-17-709. Producer responsibility dues - inspection of records - annual reporting. (1) (a) Except as set forth in a plan approved by the executive director pursuant to this part 7 on or after January 1, 2029, by a date determined by the organization that is no later than January 1, 2026, and annually thereafter by a date determined by the organization, a producer shall pay producer responsibility dues to the organization based on the funding mechanism described in the plan proposal pursuant to section 25-17-705 (4)(i).

(b) A producer shall make all documents and records related to the calculation and payment of producer responsibility dues, recycling rates, collection rates, postconsumer-recycled-content rates, and any other materials necessary for the executive director to determine compliance with this part 7 available for inspection by the executive director. In connection with enforcing a violation by a producer pursuant to section 25-17-710, the executive director may request in writing that the producer provide any such documents or records to the executive director.

(c) The organization, any additional producer responsibility organization, and any person administering a plan approved by the executive director pursuant to this part 7 shall maintain all documents and records necessary for the executive director to determine compliance with this part 7 and submit any such documents and records to the executive director upon a request by the executive director pursuant to subsection (1)(b) of this section.

(d) By January 1, 2026, and each year thereafter, the executive director shall develop an eco-modulation bonus schedule that is designed to reduce the producer responsibility dues of producers that meet certain benchmarks established by the executive director by rule. The executive director shall consult with the organization and the advisory board in developing the eco-modulation bonus schedule. The organization shall reduce the producer responsibility dues of producers in accordance with the eco-modulation bonus schedule developed by the executive director.

(2) (a) Before March 31 of the second year of the program's implementation, and by March 31 each year thereafter, the organization shall submit a report to the advisory board describing the progress of the program. Within two years after the implementation of the final plan or any updated plan proposals submitted to the advisory board pursuant to section 25-17-705 (4), the report must also include an evaluation of the impacts of the exemptions described in section 25-17-713 (1) on the performance of the program and the producer responsibility dues schedule. The advisory board shall review the report and forward the report to the executive director. The advisory board shall also review any proposed amendments to the final plan and any updates to the minimum recyclable list and forward the amendments and updates to the executive director with its recommendation for approval or rejection. The executive director shall post the report on the department's website. The program report must include the following information from the preceding calendar year:

(I) A detailed description of the progress toward each element of the final plan as described in section 25-17-705 (4);

(II) A list of all the producers, brands, and covered materials covered by the final plan;

(III) A list of producers that are not participating in the program and any producers that may be out of compliance with one or more obligations imposed by this part 7;

(IV) The total weight of the covered materials that producers used for products that are sold or distributed in the state;

(V) The total amount of producer responsibility dues collected under the program, including an annual schedule of producer responsibility dues assessed by weight for each type of covered material and any annual increases or decreases in the dues schedule and the reasons for these adjustments;

(VI) The total weight of each type of covered material that is collected and recycled under the program, with the data broken down by:

(A) Means of collection, including by curbside service or drop-off center or other means;

(B) The number of covered entities, by type and by county, serviced through curbside collection;

(C) The method used to handle the collected covered material; and

(D) Geographic area;

(VII) The recycling rate, collection rate, and postconsumer-recycled-content rate for each type of covered material and a description of the organization's process in achieving the minimum rate targets set forth in the final plan pursuant to section 25-17-705 (4)(p);

(VIII) The rate schedules for reimbursement to service providers, any proposed adjustments to the rate schedules, and a summary of any disputes arising between the organization and service providers concerning rates and how the disputes were addressed;

(IX) A summary of the education and outreach efforts implemented in accordance with section 25-17-707, including:

(A) Samples of any materials distributed; and

(B) A description of the methodology used and the results of the evaluation conducted pursuant to section 25-17-707 (4);

(X) A list of the names, locations, and hours of operation for curbside services, drop-off centers, and other entities accepting or collecting covered materials under the program;

(XI) A description of the organization's efforts to ensure that covered materials have been responsibly managed and delivered to responsible end markets under the program;

(XII) A list of the recycling end markets of any covered materials, and, if the covered materials are processed through a method other than mechanical recycling, the list must include:

(A) A description of how the method will affect the ability to recycle the covered material into feedstock for the manufacture of new products;

(B) A description of how the method will increase the types and amounts of recycled plastic for food and pharmaceutical-grade packaging and applications;

(C) A description of any applicable state and federal air, water, and waste permitting compliance requirements for the method; and

(D) An analysis of the environmental impacts of the method compared to the environmental impacts of incineration of solid waste in landfills;

(XIII) A copy of an independent third party's report auditing the program pursuant to section 25-17-708 (5);

(XIV) A description of the status of reserve funds, an assessment of the adequacy of those funds to cover program costs, and a description of how any program shortfalls will be addressed;

(XV) Any amendments to the final plan in accordance with section 25-17-705 (6);

(XVI) Any updates to the minimum recyclable list in accordance with section 25-17-706 (1)(b); and

(XVII) A description of the advisory board's feedback on any amendments to the final plan pursuant to section 25-17-705 (6)(a).

(b) Before March 31 of the second year of any plan approved by the executive director pursuant to this part 7 that is not the final plan, and by March 31 each year thereafter, an additional producer responsibility organization or other person responsible for administering a plan approved by the executive director pursuant to this part 7 shall submit a report to the advisory board describing the progress of the plan. The report must include the information described in subsection (2)(a) of this section, as applicable, from the preceding calendar year. The advisory board shall review the report and forward the report to the executive director. The advisory board shall also review any proposed amendments to the plan and forward the amendments to the executive director with its recommendation for approval or rejection. The executive director shall post the report on the department's website.

(c) The executive director shall annually compile the results of the reports received pursuant to subsections (2)(a) and (2)(b) of this section into a general report describing the progress of the program and any other plans approved by the executive director pursuant to this part 7. The executive director shall include the department's activities and expenses that were reimbursed pursuant to section 25-17-715 in the general report. Additionally, at least every three years starting in 2028, the executive director shall include in the general report the outcome of the consumer cost impact review conducted by the department pursuant to subsection (4) of this section. The executive director shall post the report on the department's website and submit the report to the governor and shall annually present the general report to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings held pursuant to part 2 of article 7 of title 2. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in this subsection (2)(c) continues indefinitely.

(3) If, based on the annual report submitted under subsection (2) of this section, the program or any other plan approved by the executive director pursuant to this part 7 is not on track to meet the minimum collection rates, minimum recycling rates, or minimum postconsumer-recycled-content rates set forth in the program or plan, the executive director may require the organization, with respect to the program, or the additional producer responsibility organization or other person responsible for administering the plan, with respect to any other plan approved by the executive director pursuant to this part 7, to amend its respective plan under section 25-17-705 (6).

(4) No less than every three years, starting in 2028, the department shall conduct a review of consumer cost impacts resulting from the program, including assessments of increased prices for covered materials relative to the prices for those materials in other states, as well as local government expenditures and consumer spending on recycling services and trash collection and disposal.
C.R.S. § 25-15-603 — CO Code / Title 25 / Article 15 / Part 6 / Section 25-15-603
25-15-603. Definitions - repeal
Status: repealed

25-15-603. Definitions - repeal. As used in this part 6, unless the context otherwise requires:

(1) "Adult mattress" means a mattress product that is not a crib or a toddler mattress.

(1.5) "Apparel" means:

(a) Clothing items intended for regular wear or formal occasions, including athletic wear, bibs, bodysuits, costumes, dancewear, diapers, dresses, everyday swimwear, everyday work uniforms, footwear, formal wear, leggings, leisurewear, onesies, overalls, pants, saris, scarves, school uniforms, shirts, skirts, sports uniforms, suits, tops, undergarments, and vests; and

(b) Outdoor apparel.

(1.7) (a) "Automotive cleaning product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.

(b) "Automotive cleaning product" does not include automotive paint or paint repair products.

(2) "Carpet or rug" means a fabric product marketed or intended for use as a floor covering in households or businesses.

(2.5) (a) "Cleaning product" means a finished product used primarily for domestic, commercial, or institutional cleaning purposes.

(b) "Cleaning product" includes an air care product, an automotive cleaning product, a general cleaning product, and a polish or floor maintenance product.

(3) "Consumer" means the end user of a product.

(4) (a) "Cookware" means a durable houseware product that is used in residences or kitchens to prepare, dispense, or store food or beverages.

(b) "Cookware" includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.

(c) "Cookware" does not include food equipment intended primarily for use in commercial settings, including food equipment sold to a business that has a retail food establishment license.

(5) (a) "Cosmetic" means a product that is intended to be rubbed or introduced into; poured, sprinkled, or sprayed on; or otherwise applied to the human body for cleaning, cleansing, beautifying, promoting attractiveness, or altering the appearance.

(b) "Cosmetic" includes a skin moisturizer, perfume, lipstick, nail polish, eye or facial makeup preparation, shampoo, conditioner, permanent wave, hair dye, and deodorant.

(c) "Cosmetic" does not include a product that requires a prescription for distribution or dispensation.

(d) (I) "Cosmetic" does not include hydrofluoroolefins used as propellants in cosmetics.

(II) This subsection (5)(d) is repealed, effective January 1, 2027.

(6) Repealed.

(7) "Drilling fluid" means a fluid that is circulated into the borehole of a well to lubricate and cool the drill bit.

(8) Repealed.

(9) (a) "Fabric treatment" means a product applied to fabric to give the fabric one or more characteristics, including stain resistance and water resistance.

(b) (I) "Fabric treatment" does not include hydrofluoroolefins used as propellants in fabric treatments.

(II) This subsection (9)(b) is repealed, effective January 1, 2027.

(10) "Food package" or "food packaging" means a package or packaging component used in direct contact with food and that is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.

(11) "Hydraulic fracturing fluid" means the fluid, including the applicable base fluid and any additives, injected into an oil or gas well to perform hydraulic fracturing operations.

(12) (a) "Intentionally added PFAS chemicals" means PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.

(b) "Intentionally added PFAS chemicals" includes PFAS chemicals that are intentional breakdown products of an added chemical.

(13) (a) "Juvenile product" means a product designed for use by infants or children under twelve years of age.

(b) "Juvenile product" includes:

(I) Bassinets and other bedside sleepers;

(II) Booster seats, car seats, and other child restraint systems;

(III) Changing pads;

(IV) Co-sleepers;

(V) Crib or toddler mattresses;

(VI) Floor play mats;

(VII) Highchairs and highchair pads;

(VIII) Infant bouncers;

(IX) Infant carriers;

(X) Infant or toddler foam pillows;

(XI) Infant seats;

(XII) Infant sleep positioners;

(XIII) Infant swings;

(XIV) Infant travel beds;

(XV) Infant walkers;

(XVI) Nap cots;

(XVII) Nursing pads and pillows;

(XVIII) Play mats;

(XIX) Playpens;

(XX) Play yards;

(XXI) Polyurethane foam mats, pads, or pillows;

(XXII) Portable foam nap mats;

(XXIII) Portable infant sleepers and hook-on chairs;

(XXIV) Soft-sided portable cribs; and

(XXV) Strollers.

(c) "Juvenile product" does not include:

(I) Electronic products, including:

(A) Personal computers and any associated equipment;

(B) Audio and video equipment;

(C) Calculators;

(D) Wireless phones;

(E) Gaming consoles;

(F) Handheld devices incorporating a video screen; and

(G) Any associated peripheral device such as a mouse, keyboard, power supply unit, or power cord;

(II) An internal component of a juvenile product that would not come into direct contact with a child's skin or mouth during reasonably foreseeable use and abuse of the product; or

(III) Adult mattresses.

(14) (a) "Manufacturer" means the person that manufactures or assembles a product or whose brand name is affixed to a product.

(b) "Manufacturer" includes, if a product is imported into the United States and the manufacturer does not have a presence in the United States, the importer or first domestic distributor of the product.

(15) "Oil and gas operations" has the meaning set forth in section 34-60-103.

(16) "Oil and gas products" means hydraulic fracturing fluids, drilling fluids, and proppants.

(16.5) (a) "Outdoor apparel" means apparel intended primarily for use in outdoor activities, including bicycling, camping, climbing, fishing, hiking, and skiing.

(b) "Outdoor apparel" does not include outdoor apparel for severe wet conditions.

(16.7) (a) "Outdoor apparel for severe wet conditions" means outdoor apparel that is:

(I) An extreme and extended use product that provides protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as snow conditions, in order to protect the health and safety of the user;

(II) Designed for use by outdoor sports experts; and

(III) Not marketed for general consumer use.

(b) "Outdoor apparel for severe wet conditions" includes outerwear intended for use in offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.

(c) "Outdoor apparel for severe wet conditions" does not include personal flotation devices made for the health and safety of the user.

(17) "Package" means material that is intended or used to contain, protect, handle, deliver, or present a product.

(18) "Packaging component" means an individual part of a package, including interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

(19) "PFAS chemicals" has the meaning set forth in section 25-5-1302 (7).

(20) (a) "Product" means an item that is manufactured, assembled, or otherwise prepared for sale or distribution to consumers and that is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.

(b) "Product" includes any product components.

(c) "Product" does not include:

(I) Drugs, medical devices, biologics, or diagnostics used in a medical setting or in medical applications regulated by the federal food and drug administration;

(II) Veterinary pesticide and parasiticide products approved by the federal environmental protection agency or the federal department of agriculture for use in animals;

(II.5) Biologics or diagnostics approved by the federal department of agriculture for use in a veterinary setting or in veterinary applications; or

(III) Packaging used for the products described in subsections (20)(c)(I), (20)(c)(II), or (20)(c)(II.5) of this section.

(d) "Product" does not include a used product offered for sale or resale.

(21) "Product category" means a class or division of products that share related characteristics.

(22) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

(23) "Proppants" means materials that are inserted or injected into an underground geologic formation during oil and gas operations in order to prevent fractures from closing.

(23.5) "Ski wax" means a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve the grip or glide properties of the snow runners.

(24) (a) "Textile" means any product made in whole or in part from a natural or synthetic fiber, yarn, or fabric.

(b) "Textile" includes leather, cotton, silk, jute, hemp, wool, nylon, and polyester.

(c) "Textile" does not include textiles used in medical, professional, or industrial settings.

(24.5) (a) "Textile article" means a textile that is primarily used in households and businesses.

(b) "Textile article" includes accessories, apparel, backpacks, and handbags.

(c) "Textile article" does not include:

(I) Outdoor apparel for severe wet conditions;

(II) Outdoor textile furnishings;

(III) Outdoor upholstered furniture; and

(IV) Textile articles used in medical, professional, or industrial settings.

(25) (a) "Textile furnishings" means textiles of a type customarily used in households and businesses, including draperies, floor coverings, furnishings, bedding, towels, and tablecloths.

(b) "Textile furnishings" does not include textile furnishings used in medical, professional, or industrial settings.

(26) "Upholstered furniture" means any article of furniture that is:

(a) Designed for sitting, resting, or reclining; and

(b) Wholly or partially stuffed with filling material.
C.R.S. § 25-3.5-316 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-316
25-3.5-316. Ambulance services cash fund - created
Status: in_force

25-3.5-316. Ambulance services cash fund - created. (1) There is hereby created the ambulance services cash fund, referred to in this section as the "fund". The department shall transmit any fees collected pursuant to this part 3 to the state treasurer, who shall credit the fees to the fund. The fund consists of the credited fees and any money that the general assembly may transfer or appropriate to the fund.

(2) The money in the fund is subject to annual appropriation by the general assembly to the department for the department's direct and indirect costs in implementing and administering this part 3.

(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unencumbered or unexpended money in the fund at the end of a state fiscal year remains in the fund and is not transferred to the general fund or any other fund.
C.R.S. § 25-1.5-209 — CO Code / Title 25 / Article 1.5 / Part 2 / Section 25-1.5-209
25-1.5-209. Drinking water fee - drinking water cash fund - repeal
Status: repealed

25-1.5-209. Drinking water fee - drinking water cash fund - repeal. (1) Effective July 1, 2007, the division may assess an annual fee upon public water systems, and all such fees shall be in accordance with the following schedule:

Facility Categories and Subcategories for

Drinking Water FeesAnnual Fees

(a) Category 01 Community surface water systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 310

Subcategory 4 Population from 1,001 - 3,300$ 465

Subcategory 5 Population from 3,301 - 10,000$ 865

Subcategory 6 Population from 10,001 - 30,000$ 1,850

Subcategory 7 Population from 30,001 - 100,000$ 4,940

Subcategory 8 Population from 100,001 - 200,000$ 9,270

Subcategory 9 Population from 200,001 - 500,000$ 15,450

Subcategory 10 Population greater than 500,000$ 21,630

(b) Category 02 Community groundwater systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 220

Subcategory 4 Population from 1,001 - 3,300$ 310

Subcategory 5 Population from 3,301 - 10,000$ 680

Subcategory 6 Population from 10,001 - 30,000$ 1,545

Subcategory 7 Population greater than 30,001$ 4,450

(c) Category 03 Community-purchased surface water or groundwater systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 155

Subcategory 4 Population from 1,001 - 3,300$ 250

Subcategory 5 Population from 3,301 - 10,000$ 490

Subcategory 6 Population from 10,001 - 30,000$ 865

Subcategory 7 Population greater than 30,001$ 2,470

(d) Category 04 Nontransient, noncommunity surface water systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 280

Subcategory 4 Population from 1,001 - 3,300$ 400

Subcategory 5 Population from 3,301 - 10,000$ 620

Subcategory 6 Population from 10,001 - 30,000$ 1,670

Subcategory 7 Population greater than 30,001$ 4,450

(e) Category 05 Nontransient, noncommunity groundwater systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 155

Subcategory 4 Population from 1,001 - 3,300$ 245

Subcategory 5 Population from 3,301 - 10,000$ 495

Subcategory 6 Population from 10,001 - 30,000$ 1,360

Subcategory 7 Population greater than 30,001$ 3,650

(f) Category 06 Nontransient, noncommunity-purchased surface water or groundwater systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 125

Subcategory 4 Population from 1,001 - 3,300$ 185

Subcategory 5 Population from 3,301 - 10,000$ 325

Subcategory 6 Population from 10,001 - 30,000$ 805

Subcategory 7 Population greater than 30,001$ 1,980

(g) Category 07 Transient, noncommunity surface water systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 245

Subcategory 4 Population from 1,001 - 3,300$ 310

Subcategory 5 Population from 3,301 - 10,000$ 555

Subcategory 6 Population from 10,001 - 30,000$ 620

Subcategory 7 Population greater than 30,001$ 3,960

(h) Category 08 Transient, noncommunity groundwater systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 125

Subcategory 4 Population from 1,001 - 3,300$ 185

Subcategory 5 Population from 3,301 - 10,000$ 495

Subcategory 6 Population from 10,001 - 30,000$ 535

Subcategory 7 Population greater than 30,001$ 2,970

(i) Category 09 Transient, noncommunity-purchased surface water or groundwater systems

Subcategory 1 Population from 25 - 250$ 75

Subcategory 2 Population from 251 - 500$ 100

Subcategory 3 Population from 501 - 1,000$ 110

Subcategory 4 Population from 1,001 - 3,300$ 125

Subcategory 5 Population from 3,301 - 10,000$ 310

Subcategory 6 Population from 10,001 - 30,000$ 435

Subcategory 7 Population greater than 30,001$1,490

(2) (a) The drinking water cash fund is hereby created in the state treasury. The general assembly shall annually appropriate money in the cash fund to the department for allocation to the division of administration to operate the drinking water program established in this part 2. The general assembly shall review expenditures of the money to assure that the money is used only for such purposes. All interest earned on the investment or deposit of money in the cash fund and all unappropriated or unencumbered money in the cash fund remain in the cash fund and do not revert to the general fund or any other fund at the end of any fiscal year or any other time.

(b) All fees collected pursuant to this section before July 1, 2026, or before the date the rules adopted under section 25-8-210 (1)(a)(I) become effective shall be credited to the drinking water cash fund.

(c) On and after July 1, 2026, all fees collected pursuant to rules adopted under section 25-8-210 (1)(a)(I) shall be credited to the drinking water cash fund.

(3) Subsections (1) and (2)(b) of this section and this subsection (3) are repealed, effective July 1, 2026.
C.R.S. § 25-8-606 — CO Code / Title 25 / Article 8 / Part 6 / Section 25-8-606
25-8-606. Clean-up orders
Status: in_force

25-8-606. Clean-up orders. The division may issue orders to any person to clean up any material which he, his employee, or his agent has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters which may pollute them. The division may also request the district attorney to proceed and take appropriate action under section 16-13-305 and sections 16-13-307 to 16-13-315, C.R.S., or section 18-4-511, C.R.S.
C.R.S. § 25-3.5-1204 — CO Code / Title 25 / Article 3.5 / Part 12 / Section 25-3.5-1204
25-3.5-1204. Reports
Status: in_force

25-3.5-1204. Reports. (1) (a) If an authorized entity develops a program under this article, the authorized entity shall report to the department, in the form and manner determined by the department, on the progress of the program on or before December 31 in the year following the year in which the program commenced and on or before December 31 of each subsequent year in which the program continues to operate.

(b) An authorized entity's report must include:

(I) The number of residents who have used program services and the types of program services used;

(II) A measurement of any reduction in the use of the 911 system for nonemergency, nonurgent medical assistance by residents within the authorized entity's jurisdiction; and

(III) A measurement of any reduction in visits to the emergency department in a hospital for nonemergency, nonurgent medical assistance by residents within the authorized entity's jurisdiction.

(c) An authorized entity's report pursuant to this section must not include any personally identifiable information concerning a program client or prospective client.

(2) On or before March 31 of each year, the department shall compile annual reports received from authorized entities in the previous year into a single report and post the report on its website.
C.R.S. § 25-4-1705 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1705
25-4-1705. Department of public health and environment - powers and duties - rules
Status: in_force

25-4-1705. Department of public health and environment - powers and duties - rules. (1) The department shall negotiate for the purchase of and shall purchase vaccines to achieve the purposes of this part 17.

(2) The department shall secure and maintain such facilities as may be necessary for the safe and adequate preservation and storage of such vaccines.

(3) The department shall distribute such vaccines, in accordance with rules promulgated by the board of health, without purchase, shipping, handling, or other charges to practitioners who agree not to impose a charge for such vaccine on the infant recipient, the child's parent or guardian, third-party payer, or any other person; except that a practitioner may charge a reasonable administrative fee in connection with the administration of a vaccine. The board of health shall determine the amount of such administrative fee that a practitioner may charge.

(4) The department shall collect epidemiological information and shall establish a system for recording such information pursuant to rules and regulations adopted by the board of health.

(5) The board of health, in consultation with the medical services board in the state department of health care policy and financing, and such other persons, agencies, or organizations that the board of health deems advisable, shall formulate, adopt, and promulgate rules governing the implementation and operation of the infant immunization program. Such rules shall address the following:

(a) The purchase, storage, and distribution of the vaccines by the department;

(b) Requirements that providers, hospitals, and health-care clinics must meet before entering into a contract with the department, making such provider, hospital, or clinic an agent of the department for the purposes of the infant immunization program;

(c) Which vaccines shall be required to be administered;

(d) The route and frequency of the vaccine's administration;

(e) (Deleted by amendment, L. 2007, p. 655, § 3, effective April 26, 2007.)

(f) The issuance of immunization records to parents or guardians;

(g) The assessment of the vaccination status of infants;

(h) The dissemination of information about the operation of the infant immunization program, including the requirement that such information be distributed by hospitals to parents of newborns.

(6) The department is authorized to accept any gifts or grants or awards of funds from the federal government or private sources for the implementation and operation of the infant immunization program.

(7) The department is authorized to enter into contracts which are necessary for the implementation and operation of the infant immunization program.

(8) County, district, or municipal public health agencies and the department shall use the birth certificate of any infant to enroll such infant in an immunization tracking system established in section 25-4-2403. Such use of the infant's birth certificate shall be considered an official duty of county, district, and municipal public health agencies and the department.

(9) (a) (Deleted by amendment, L. 2003, p. 2198, § 1, effective August 6, 2003.)

(b) The department or any person who contracts with the department pursuant to subsection (7) of this section may establish a purchase system as described in section 25-4-2403 for the procurement of vaccines for privately insured persons under federal government contracts.

(10) Physicians, licensed health-care practitioners, clinics, schools, licensed child care providers, hospitals, managed care organizations or health insurers in which a student, as defined in section 25-4-901 (3), or an infant is enrolled as a member or insured, persons that have contracted with the department pursuant to subsection (7) of this section, and public health officials may release any immunization records in their possession, whether or not such records are in the immunization tracking system established in section 25-4-2403, to the persons or entities specified in section 25-4-2403 (1) to provide an accurate and complete immunization record for the child in order to verify compliance with state immunization law.
C.R.S. § 25-4-2403 — CO Code / Title 25 / Article 4 / Part 24 / Section 25-4-2403
25-4-2403. Department of public health and environment - powers and duties - immunization t
Status: in_force

25-4-2403. Department of public health and environment - powers and duties - immunization tracking system - rules - definitions. (1) In order to expand the immunization registry and increase access to immunizations, the department may address:

(a) Mechanisms for:

(I) Maximizing federal funds to purchase, distribute, and deliver vaccines for individuals in Colorado; and

(II) Statewide purchase, distribution, and prioritization of vaccines, including childhood immunizations and the seasonal influenza vaccine;

(b) Methods to reduce the administrative burden of providing immunizations to individuals in Colorado by reviewing current immunization activities and strategies and epidemiological data related to vaccine-preventable diseases and identifying opportunities to implement best practices for immunizations throughout Colorado using innovative strategies that are population-specific, culturally sensitive, and inclusive; address safety issues; and enhance current services;

(c) Options for Colorado to more effectively purchase, distribute, and deliver vaccines to insured, underinsured, and uninsured individuals;

(d) The pursuit of private and public partnerships for funding for the immunization registry infrastructure;

(e) Options for the most effective and cost-effective use of funds that may be available to the department of public health and environment to address vaccine delivery in the state; and

(f) The ability of the department of health care policy and financing to purchase vaccines recommended by ACIP through a purchasing system, if developed pursuant to this subsection (1) and subsection (1.3) of this section, for children who are enrolled in the children's basic health plan created in article 8 of title 25.5, C.R.S.

(1.3) (a) The department shall convene a task force of interested stakeholders to consider the issues identified in subsection (1) of this section. The task force must consist of at least the following persons or groups:

(I) Primary care providers, including essential community providers, pediatricians, family physicians, mid-level providers, and practice managers;

(II) Pharmacists from both independent and chain pharmacies;

(III) Local public health providers;

(IV) Child health advocates;

(V) Health insurers and other persons who pay for health-care services;

(VI) A representative from a Colorado-based innovative vaccine company;

(VII) Pharmaceutical manufacturers; and

(VIII) Representatives from the departments of public health and environment and health care policy and financing.

(b) The task force shall make recommendations to the department and the board on the financing, ordering, and delivery of childhood immunizations, including through any of the following methods:

(I) A public-private model of vaccine purchase and delivery;

(II) Just-in-time delivery;

(III) Inventory management, including vaccine choices, combination vaccines, and equivalent vaccines;

(IV) Outbreak response;

(V) Linkage between the immunization tracking system established pursuant to subsection (2) of this section and vaccine inventory;

(VI) Vaccine shortage response;

(VII) Preservation of vaccine delivery in a medical home model of care;

(VIII) Mechanisms for local public health entities to bill health insurance carriers; and

(IX) Continuation and preservation of current models of vaccine purchase, financing, and delivery and the ability of health-care providers to use those current models or any new models that may be developed pursuant to this subsection (1.3) and subsection (1) of this section.

(c) The board may adopt rules as necessary to implement the recommendations of the task force.

(d) No health-care provider is compelled to participate in a vaccine purchasing system, if such system is developed pursuant to this section.

(2) To enable the gathering of epidemiological information and investigation and control of communicable diseases, the department of public health and environment shall maintain a comprehensive immunization tracking system with immunization information gathered by state and local public health officials from the following sources:

(a) Practitioners;

(b) Clinics;

(c) Schools;

(d) Parents, legal guardians, or persons authorized to consent to immunization pursuant to section 25-4-1704;

(e) Individuals;

(f) Managed care organizations or health insurance plans in which an individual is enrolled as a member or insured, if such managed care organization or health insurer reimburses or otherwise financially provides coverage for immunizations;

(g) Hospitals;

(h) The department of health care policy and financing with respect to individuals who are eligible for coverage under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.; and

(i) Persons and entities that have contracted with the state pursuant to paragraph (d) of subsection (9) of this section.

(2.5) (a) A practitioner who is a licensed physician, a physician assistant authorized pursuant to section 12-240-107 (6), an advanced practice registered nurse, or a person authorized pursuant to title 12 to administer immunizations within his or her scope of practice shall submit immunization, medical exemption, or nonmedical exemption data to the tracking system.

(b) Notwithstanding subsection (2.5)(a) of this section, a practitioner who is a licensed physician, a physician assistant authorized pursuant to section 12-240-107 (6), an advanced practice registered nurse, or a person authorized pursuant to title 12 to administer immunizations within his or her scope of practice is not subject to a regulatory sanction for failing to submit immunization, medical exemption, or nonmedical exemption data to the immunization tracking system.

(3) Records in the immunization tracking system shall be strictly confidential and shall not be released, shared with any agency or institution, or made public upon subpoena, search warrant, discovery proceedings, or otherwise, except under the following circumstances:

(a) Medical and epidemiological information may be released in a manner such that no individual person can be identified.

(b) Immunization records and epidemiological information may be released to the extent necessary for the treatment, control, investigation, and prevention of vaccine-preventable diseases; except that every effort shall be made to limit disclosure of personal identifying information to the minimum amount necessary to accomplish the public health purpose.

(c) Immunization records and epidemiological information may be released to the individual who is the subject of the record, to a parent of a minor individual, to a guardian or person authorized to consent to immunization under section 25-4-1704, to the physician, clinic, hospital, or licensed health-care practitioner treating the person who is the subject of an immunization record, to a school in which such person is enrolled, or any entity or person described in paragraph (f), (h), or (i) of subsection (2) of this section.

(4) An officer, employee, or agent of the department of public health and environment or a county, district, or municipal public health agency shall not be examined in any judicial, executive, legislative, or other proceeding as to the existence or content of any individual's report obtained by such department without consent of the individual or the individual's parent or guardian. However, this subsection (4) shall not apply to individuals who are under isolation, quarantine, or other restrictive action taken pursuant to section 25-1.5-102 (1)(c).

(5) (a) An officer, employee, or agent of the department of public health and environment or any other person who violates this section by releasing or making public confidential immunization records or epidemiological information in the immunization tracking system or by otherwise breaching the confidentiality requirements of this section or releasing such information without authorization commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501 (1). The unauthorized release of each record shall constitute a separate offense.

(b) A natural person who, in exchange for money or any other thing of value, violates this section by wrongfully releasing or making public confidential immunization records or epidemiological information in the immunization tracking system or by otherwise breaching the confidentiality requirements of this section or releasing such information without authorization commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501 (1).

(c) A business entity who, in exchange for money or any other thing of value, violates this section by wrongfully releasing or making public confidential immunization records or epidemiological information in the immunization tracking system or by otherwise breaching the confidentiality requirements of this section or releasing such information without authorization shall be assessed a civil penalty of ten thousand dollars per sale of information per subject of such information.

(6) (a) The department of public health and environment or the department's contractor may directly contact the individual who is the subject of immunization records or the individual's parent or legal guardian for the purpose of notifying the individual, parent, or legal guardian if immunizations are due or overdue as indicated by the advisory committee on immunization practices of the United States department of health and human services or the American academy of pediatrics. The department or the department's contractor shall contact the individual, parent, or legal guardian if it is necessary to control an outbreak of or prevent the spread of a vaccine-preventable disease pursuant to section 25-1.5-102 (1)(a) or 25-4-908.

(b) A notice given to an individual or a parent or legal guardian of an individual under eighteen years of age pursuant to this subsection (6) shall also inform the individual, parent, or legal guardian of the option to refuse an immunization on the grounds of medical, religious, or personal belief considerations pursuant to section 25-4-903.

(7) An individual or a parent or legal guardian who consents to the immunization of an infant, a child, or a student pursuant to part 9 or 17 of this article 4 or this part 24 may exclude immunization information from the immunization tracking system. The individual, parent, or legal guardian may remove such immunization information from the immunization tracking system at any time. The department of public health and environment shall ensure that the process to exclude immunization information from the system is readily available and not burdensome. The physician, licensed health-care practitioner, clinic, hospital, or county, district, or municipal public health agency shall inform the individual, parent, or legal guardian of the option to exclude such information from such system and the potential benefits of inclusion in such system. In addition, the physician, licensed health-care practitioner, clinic, hospital, or county, district, or municipal public health agency shall inform such parent or legal guardian of a minor individual of the option to refuse an immunization on the grounds of medical, religious, or personal belief considerations pursuant to section 25-4-903. Neither refusing an immunization on the grounds of medical, religious, or personal belief considerations pursuant to section 25-4-903 nor opting to exclude immunization notification information from the immunization tracking system by itself constitutes child abuse or neglect by a parent or legal guardian for the purposes of part 3 of article 3 of title 19.

(8) A person licensed to practice medicine pursuant to article 240 of title 12; a person licensed to practice nursing or as a certified midwife pursuant to part 1 of article 255 of title 12; any other licensed health-care practitioner as defined in section 25-4-1703; providers of county nursing services; staff members of health-care clinics, hospitals, and offices of private practitioners; county, district, and municipal public health agencies; and all persons and entities listed in subsection (2) of this section are authorized to report to the immunization tracking system and to use the reminder and recall process established by the immunization tracking system.

(9) The department of public health and environment may:

(a) Issue immunization records to individuals, parents, or guardians authorized to consent to immunizations;

(b) Assess the vaccination status of individuals;

(c) Accept any gifts or grants or awards of funds from the federal government or private sources for the implementation and operation of the immunization tracking system, which shall be credited to the immunization fund created in section 25-4-1708; and

(d) Enter into contracts that are necessary for the implementation and operation of the immunization tracking system. A person who enters into a contract pursuant to this paragraph (d) shall only use the information gathered from the immunization tracking system in accordance with this part 24 and shall be subject to all applicable state and federal laws regarding the confidentiality of information.

(10) County, district, and municipal public health agencies and the department of public health and environment shall use the birth certificate of any person to enroll the person in an immunization tracking system. The use of the birth certificate shall be considered an official duty of local health departments and the department of public health and environment.

(11) Physicians, licensed health-care practitioners, clinics, schools, licensed child care providers, hospitals, managed care organizations or health insurance plans in which an individual is enrolled as a member or insured, persons that have contracted with the department of public health and environment pursuant to paragraph (d) of subsection (9) of this section, and public health officials may release any immunization records in their possession, whether or not such records are in the immunization tracking system, to the persons or entities specified in subsection (2) of this section to provide treatment for such individual or to provide an accurate and complete immunization record for the individual.

(12) The department of public health and environment shall disseminate information about the immunization tracking system, including providing notification pursuant to subsection (7) of this section to birthing hospitals. The hospitals shall provide the notices to the parents of newborns.

(13) As used in this section:

(a) "ACIP" means the advisory committee on immunization practices to the centers for disease control and prevention in the federal department of health and human services, or its successor entity.

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

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

(d) "Equivalent vaccines" means two or more vaccines that:

(I) Protect a recipient of the vaccine against the same infection;

(II) Have similar safety and efficacy profiles; and

(III) Are recommended for comparable populations by the federal centers for disease control and prevention.
C.R.S. § 25-4-2205 — CO Code / Title 25 / Article 4 / Part 22 / Section 25-4-2205
25-4-2205. Powers and duties of the office of health equity - rules - working group
Status: repealed

25-4-2205. Powers and duties of the office of health equity - rules - working group. (1) The purpose of the office is to serve in a coordinating, educating, and capacity-building role for state and local public health programs and community-based organizations promoting health equity in Colorado by implementing strategies tailored to address the varying complex causes of health disparities, including the economic, physical, and social environment. The office shall work collaboratively within the department and with affected stakeholders to set priorities, collect and disseminate data, and align resources within the department and across other state agencies.

(2) The office has the following powers, duties, and functions:

(a) Administering and coordinating the health disparities and community grant program created in section 25-4-2203;

(b) Leading and coordinating the department's health equity efforts;

(c) Publishing data reports documenting health disparities and establishing appropriate methods to collect and disaggregate data based on race, ethnicity, disability, sexual orientation, and gender identity for inclusion in data reports documenting health disparities;

(d) Providing education to the public on health equity, health disparities, and the social determinants of health;

(e) Coordinating the interpretation and translation services within the department and offering technical assistance to other state and local agencies;

(f) Building capacity within communities to offer or expand public health programs to better meet the needs of a diverse population;

(g) Conducting state-level strategic planning on minority health improvement, which includes those individuals who identify as racial and ethnic minorities, who have diagnosed disabilities, and whose sexual orientation or gender identity includes but is not limited to lesbian, gay, bisexual, transgender, and nonbinary;

(h) Providing technical assistance to:

(I) The department in carrying out its programs, including data collection and disaggregation of confidential health data, in accordance with federal and state data privacy laws, rules, and regulations and federal contracts, relating to race, ethnicity, disability, sexual orientation, and gender identity; and

(II) County, district, and municipal public health agencies, community-based organizations, and communities in the state;

(i) Promoting workforce diversity within public health systems;

(j) Coordinating and staffing the health equity commission created in section 25-4-2206;

(k) Repealed.

(l) Building collaborative partnerships with communities to identify and promote health equity strategies; and

(m) Developing communications strategies regarding health equity.

(2.3) (a) The state board shall promulgate rules necessary for the collection of data by the office for purposes of its reporting on health disparities pursuant to subsection (2)(c) of this section, including rules concerning:

(I) The requirement to collect data, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts, from entities identified in subsection (2)(h) of this section that serve individuals who choose to provide the data;

(II) The demographic information to be collected and the time frame for collecting the data to ensure consistency in the collection of data; and

(III) The disaggregation and reporting of confidential health data, in accordance with federal and state data privacy laws, rules, and regulations and federal contracts, to protect sensitive medical information or personally identifying information.

(b) The rules promulgated pursuant to subsection (2.3)(a) of this section must apply to all state and county, district, and municipal public health agencies, as described in section 25-1-506; public health directors, as described in section 25-1-509; and other persons required to collect and report data to the department.

(2.5) (a) (I) On or before July 1, 2022, and continuing every two years thereafter, the department shall conduct an assessment and publish a report concerning health disparities and inequities in Colorado that includes an assessment of the impact of social determinants of health on health disparities and inequities and recommended strategies to begin to address such inequities. The department shall collaborate with the commission, community partners working on health equity issues, local public health agencies, stakeholders from affected communities, data organizations, and other state and local partners in the creation of the report. In addition to providing information to the public about the impact of health disparities and inequities on Coloradans, each state agency that has representation on the commission shall use the report in their plan as described in subsection (2.5)(b)(I) of this section. In each report after the first published report, the department shall report the progress made by the commission pursuant to subsection (2.5)(b) of this section to address the social determinants of health and the strategies used to address health disparities and inequities.

(II) Not later than July 1, 2023, for any report published pursuant to subsection (2.5)(a)(I) of this section that does not include complete reporting on race, ethnicity, disability, sexual orientation, and gender identity, as that data becomes available, each state agency that is represented on the commission shall provide a supplemental report that includes progress made by the commission to address the social determinants of health and the strategies used to address health disparities and inequities based on race, ethnicity, disability, sexual orientation, and gender identity.

(a.5) (I) To assist with the department's assessment and reporting required pursuant to subsection (2.5)(a) of this section concerning health disparities and inequities, not later than November 1, 2022, the commission shall convene a data advisory working group to advise the commission in carrying out its duties under subsections (2)(c) and (2)(h) of this section.

(II) The data advisory working group shall make recommendations to the commission concerning the process for collecting and aggregating nonidentifying demographic data for Colorado residents relating to race, ethnicity, disability, sexual orientation, and gender identity:

(A) As part of public health programs;

(B) From information collected to evaluate public health conditions in the state; and

(C) From data acquired from data sources or submitted to the department.

(III) The data advisory working group shall include:

(A) One member of the department, appointed by the executive director of the department;

(B) Three serving members of the commission, appointed by the director of the office, with a preference for members having experience in data and reporting, working with county or district public health agencies in data collection, or working with or on behalf of department data collectors or vendors;

(C) One member of a nonprofit organization, appointed by the director of the office, who has experience in administering data collection instruments and reports relating to the COVID-19 virus, vaccines, and health care as it impacts individuals who identify as lesbian, gay, bisexual, transgender, or nonbinary and whose work is recognized at the state and national level;

(D) One member of a nonprofit organization, appointed by the director of the office, who has experience in administering data collection instruments and reports relating to the COVID-19 virus, vaccines, and health care as it impacts individuals who have been diagnosed with a disability and whose work is recognized at the state or national level; and

(E) Two members of nonprofit organizations, appointed by the director of the office, who have experience in administering data collection instruments and reports related to individuals who identify as Hispanic or Latino, African American or Black, Asian, American Pacific Islander, and indigenous and whose work is recognized at the state or national level.

(b) Within six months after the publication of the first report required in subsection (2.5)(a) of this section:

(I) The governor shall convene the commission to conduct a strategic planning process and develop an equity strategic plan, to respond to the report, and to ensure that there is coordination in equity-related work across state agencies to address the social determinants of health in each agency's respective areas. The strategic planning process must include input from community stakeholders and policymakers. The department may collaborate with the health disparities and community grant program created in section 25-4-2203 to address issues identified by the equity strategic plan.

(II) Each member of the commission that represents a state agency shall develop a plan to address the social determinants of health relevant to that state agency as they affect health disparities and inequities. Each state agency shall dedicate up to twenty hours of staff time to the development and implementation of the equity strategic plan.

(3) The office shall report to the executive director of the department or his or her designee, at the discretion of the executive director.
C.R.S. § 25-5-404 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-404
25-5-404. Injunction
Status: in_force

25-5-404. Injunction. In addition to the remedies provided in this part 4, the department is authorized to apply to the district court of the district wherein the defendant resides or has his place of business for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of section 25-5-403, irrespective of whether or not there exists an adequate remedy at law.
C.R.S. § 25-1.5-103 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-103
25-1.5-103. Health facilities - powers and duties of department - rules - limitations on rul
Status: repealed

25-1.5-103. Health facilities - powers and duties of department - rules - limitations on rules - definitions - repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a) (I) (A) To annually license and to establish and enforce standards for the operation of general hospitals, hospital units as defined in section 25-3-101 (2), freestanding emergency departments as defined in section 25-1.5-114, critical access hospitals as defined in section 25-1.5-114.5, psychiatric hospitals, community clinics, rehabilitation hospitals, convalescent centers, facilities for persons with intellectual and developmental disabilities, nursing care facilities, hospice care, assisted living residences, dialysis treatment clinics, ambulatory surgical centers, birthing centers, home care agencies, and other facilities of a like nature, except those wholly owned and operated by a governmental unit or agency.

(A.5) Notwithstanding the provisions of subsection (1)(a)(I)(A) of this section, after December 31, 2023, the department shall not issue a license to a community mental health center, an acute treatment unit, or a behavioral health entity. Prior to the expiration of any license issued by the department to such an entity, the entity shall apply to the behavioral health administration pursuant to part 5 of article 50 of title 27. This subsection (1)(a)(I)(A.5) is repealed, effective January 1, 2025.

(B) In establishing and enforcing such standards and in addition to the required announced inspections, the department shall, within available appropriations, make additional inspections without prior notice to the health facility, subject to sub-subparagraph (C) of this subparagraph (I). Such inspections shall be made only during the hours of 7 a.m. to 7 p.m.

(C) The department shall extend the survey cycle or conduct a tiered inspection or survey of a health facility licensed for at least three years and against which no enforcement activity has been taken, no patterns of deficient practices exist, as documented in the inspection and survey reports issued by the department, and no substantiated complaint resulting in the discovery of significant deficiencies that may negatively affect the life, health, or safety of consumers of the health facility has been received within the three years prior to the date of the inspection. The department may expand the scope of the inspection or survey to an extended or full survey if the department finds deficient practice during the tiered inspection or survey. The department, by rule, shall establish a schedule for an extended survey cycle or a tiered inspection or survey system designed, at a minimum, to: Reduce the time needed for and costs of licensure inspections for both the department and the licensed health facility; reduce the number, frequency, and duration of on-site inspections; reduce the scope of data and information that health facilities are required to submit or provide to the department in connection with the licensure inspection; reduce the amount and scope of duplicative data, reports, and information required to complete the licensure inspection; and be based on a sample of the facility size. Nothing in this subsection (1)(a)(I)(C) limits the ability of the department to conduct a periodic inspection or survey that is required to meet its obligations as a state survey agency on behalf of the federal centers for medicare and medicaid services or the department of health care policy and financing to assure that the health facility meets the requirements for participation in the medicare and medicaid programs or limits the ability of the department to enter, survey, and investigate hospitals pursuant to section 25-3-128.

(D) In connection with the renewal of licenses issued pursuant to this subparagraph (I), the department shall institute a performance incentive system pursuant to section 25-3-105 (1)(a)(I)(C).

(E) The department shall not cite as a deficiency in a report resulting from a survey or inspection of a licensed health facility any deficiency from an isolated event identified by the department that can be effectively remedied during the survey or inspection of the health facility, unless the deficiency caused harm or a potential for harm, created a life- or limb-threatening emergency, or was due to abuse or neglect.

(F) Sections 24-4-104, C.R.S., and 25-3-102 govern the issuance, suspension, renewal, revocation, annulment, or modification of licenses. All licenses issued by the department must contain the date of issue and cover a twelve-month period. Nothing contained in this paragraph (a) prevents the department from adopting and enforcing, with respect to projects for which federal assistance has been obtained or is requested, higher standards as may be required by applicable federal laws or regulations of federal agencies responsible for the administration of applicable federal laws.

(II) To establish and enforce standards for the operation and maintenance of the health facilities named in subparagraph (I) of this paragraph (a), wholly owned and operated by the state or any of its political subdivisions, and no such facility shall be operated or maintained without an annual certificate of compliance;

(b) To suspend, revoke, or refuse to renew any license issued to a health facility pursuant to subparagraph (I) or (II) of paragraph (a) of this subsection (1) if such health facility has committed abuse of health insurance pursuant to section 18-13-119, C.R.S., or if such health facility has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that it will perform any act prohibited by section 18-13-119 (3), C.R.S., unless the health facility is exempted from section 18-13-119 (5), C.R.S.;

(c) (I) To establish and enforce standards for licensure of community mental health centers and acute treatment units as behavioral health entities.

(II) In performing its responsibilities pursuant to subsection (1)(c)(I) of this section, the department shall take into account changes in health-care policy and practice incorporating the concept and practice of integration of services and the development of a system that commingles and integrates health-care services.

(III) This subsection (1)(c) is repealed, effective January 1, 2025.

(d) (I) To ensure that each hospital that provides nonemergent perinatal care services is complying with the requirements specified in section 25-52-106.5, including participating in at least one maternal or infant health quality improvement initiative and submitting outcome data to the perinatal quality collaborative defined in section 25-52-103 (3).

(II) This subsection (1)(d) is repealed, effective September 1, 2029.

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

(a) Repealed.

(a.3) (I) "Behavioral health entity" means a facility or provider organization engaged in providing community-based health services, which may include behavioral health disorder services, alcohol use disorder services, or substance use disorder services, including crisis stabilization, acute or ongoing treatment, or community mental health center services as described in section 27-66-101 (2) and (3), but does not include:

(A) Residential child care facilities, as defined in section 26-6-903; or

(B) Services provided by a licensed or certified mental health-care provider under the provider's individual professional practice act on the provider's own premises.

(II) This subsection (2)(a.3) is repealed, effective January 1, 2025.

(a.5) "Community clinic" has the same meaning as set forth in section 25-3-101 and does not include:

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

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

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

(b) (I) "Community mental health center" means either a physical plant or a group of services under unified administration and including at least the following: Inpatient services; outpatient services; day hospitalization; emergency services; and consultation and educational services, which services are provided principally for persons with behavioral or mental health disorders residing in a particular community in or near which the facility is situated.

(II) This subsection (2)(b) is repealed, effective January 1, 2025.

(b.5) "Enforcement activity" means the imposition of remedies such as civil money penalties; appointment of a receiver or temporary manager; conditional licensure; suspension or revocation of a license; a directed plan of correction; intermediate restrictions or conditions, including retaining a consultant, department monitoring, or providing additional training to employees, owners, or operators; or any other remedy provided by state or federal law or as authorized by federal survey, certification, and enforcement regulations and agreements for violations of federal or state law.

(c) "Facility for persons with developmental disabilities" means a facility specially designed for the active treatment and habilitation of persons with intellectual and developmental disabilities or a community residential home, as defined in section 25.5-10-202, C.R.S., which is licensed and certified pursuant to section 25.5-10-214, C.R.S.

(d) "Hospice care" means an entity that administers services to a terminally ill person utilizing palliative care or treatment.

(3) (a) In the exercise of its powers pursuant to this section, the department shall not promulgate any rule, regulation, or standard relating to nursing personnel for rural nursing care facilities, rural intermediate care facilities, and other rural facilities of a like nature more stringent than the applicable federal standards and regulations.

(b) For purposes of this subsection (3), "rural" means:

(I) A county of less than fifteen thousand population; or

(II) A municipality of less than fifteen thousand population which is located ten miles or more from a municipality of over fifteen thousand population; or

(III) The unincorporated part of a county ten miles or more from a municipality of fifteen thousand population or more.

(c) A nursing care facility which is not rural as defined in paragraph (b) of this subsection (3) shall meet the licensing requirements of the department for nursing care facilities. However, if a registered nurse hired pursuant to department regulations is temporarily unavailable, a nursing care facility may use a licensed practical nurse in place of a registered nurse if such licensed practical nurse is a current employee of the nursing care facility.

(3.5) Repealed.

(4) In the exercise of its powers, the department shall not promulgate any rule, regulation, or standard that limits or interferes with the ability of an individual to enter into a contract with a private pay facility concerning the programs or services provided at the private pay facility. For the purposes of this subsection (4), "private pay facility" means a skilled nursing facility or intermediate care facility subject to the requirements of section 25-1-120 or an assisted living residence licensed pursuant to section 25-27-105 that is not publicly funded or is not certified to provide services that are reimbursed from state or federal assistance funds.

(5) (a) This subsection (5) applies to construction, including substantial renovation, and ongoing compliance with article 33.5 of title 24, C.R.S., of a health-care facility building or structure on or after July 1, 2013. All health facility buildings and structures shall be constructed in conformity with the standards adopted by the director of the division of fire prevention and control in the department of public safety.

(b) Except as provided in paragraph (c) of this subsection (5) but notwithstanding any other provision of law to the contrary, the department shall not issue or renew any license under this article unless the department has received a certificate of compliance from the division of fire prevention and control certifying that the building or structure of the health facility is in conformity with the standards adopted by the director of the division of fire prevention and control.

(c) The department has no authority to establish or enforce standards relating to building or fire codes. All functions, personnel, and property of the department as of June 30, 2013, that are principally directed to the administration, inspection, and enforcement of any building or fire codes or standards shall be transferred to the health facility construction and inspection section of the division of fire prevention and control pursuant to section 24-33.5-1201 (5), C.R.S.

(d) Notwithstanding any provision of law to the contrary, all health facilities seeking certification pursuant to the federal insurance or assistance provided by Title XIX of the federal "Social Security Act", as amended and commonly known as "medicaid", or the federal insurance or assistance provided by Title XVIII of the federal "Social Security Act", as amended and commonly known as "medicare", or any successor code adopted or promulgated by the appropriate federal authorities, shall continue to meet such certification requirements.

(e) Nothing in this subsection (5) divests the department of the authority to perform health survey work or prevents the department from accessing related funds.

(6) (a) The department shall collaborate with the department of education, the department of health care policy and financing, and the department of human services to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the department's statute, rule, or administrative procedures.

(b) The department shall prominently post the interagency resource guide created pursuant to subsection (6)(a) of this section on the department's website.
C.R.S. § 25-14-203 — CO Code / Title 25 / Article 14 / Part 2 / Section 25-14-203
25-14-203. Definitions
Status: repealed

25-14-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1) Repealed.

(2) "Auditorium" means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto.

(3) "Bar" means any indoor area that is operated and licensed under article 3 of title 44, primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such alcohol beverages.

(4) "Cigar-tobacco bar" means a bar that, in the calendar year ending December 31, 2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures.

(4.5) "Electronic smoking device" or "ESD":

(a) Means any product, other than a product described in subsection (4.5)(c) of this section, that contains or delivers nicotine or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product;

(b) Includes any product described in subsection (4.5)(a) of this section and any similar product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor; and

(c) Does not include:

(I) A humidifier or similar device that emits only water vapor; or

(II) An inhaler, nebulizer, or vaporizer that is approved by the federal food and drug administration for the delivery of medication.

(5) (a) "Employee" means any person who:

(I) Performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or

(II) Provides uncompensated work or services to a business or nonprofit entity.

(b) "Employee" includes every person described in paragraph (a) of this subsection (5), regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title.

(6) "Employer" means any person, partnership, association, corporation, or nonprofit entity that employs one or more persons. "Employer" includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency; or any other separate corporate instrumentality or unit of state or local government.

(7) "Entryway" means the outside of the front or main doorway leading into a building or facility that is not exempted from this part 2 under section 25-14-205. "Entryway" also includes the area of public or private property within a specified radius outside of the doorway. The specified radius may be determined by the local authority pursuant to section 25-14-207 (2)(a), but must be at least twenty-five feet unless section 25-14-207 (2)(a)(II)(B) or (2)(a)(II)(C) applies. If the local authority has not acted, the specified radius is twenty-five feet.

(8) "Environmental tobacco smoke", "ETS", or "secondhand smoke" means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as "sidestream smoke", and smoke exhaled by the smoker.

(9) "Food service establishment" means any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.

(10) "Indoor area" means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.

(11) "Local authority" means a county, city and county, city, or town.

(11.5) "Marijuana" shall have the same meaning as in section 16 (2)(f) of article XVIII of the state constitution.

(12) "Place of employment" means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.

(13) "Public building" means any building owned or operated by:

(a) The state, including the legislative, executive, and judicial branches of state government;

(b) Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency; or

(c) Any other separate corporate instrumentality or unit of state or local government.

(14) "Public meeting" means any meeting open to the public pursuant to part 4 of article 6 of title 24, C.R.S., or any other law of this state.

(15) "Smoke-free work area" means an indoor area in a place of employment where smoking is prohibited under this part 2.

(16) "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" also includes the use of an ESD.

(17) "Tobacco" means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. "Tobacco" also includes cloves and any other plant matter or product that is packaged for smoking.

(18) "Tobacco business" means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, including ESDs, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.

(19) "Work area" means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer.
C.R.S. § 25-16.5-105 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-105
25-16.5-105. Recycling resources economic opportunity program - grants - repeal
Status: repealed

25-16.5-105. Recycling resources economic opportunity program - grants - repeal. (1) To ensure continuity of operations, any grant agreement or contract that the department entered into pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board established pursuant to section 25-16.5-109 (3). The department may assign any contract or agreement to the Colorado circular communities enterprise board until January 31, 2025. The department may administer the services on the enterprise's behalf in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.

(2) The Colorado circular communities enterprise shall administer any grants that the pollution prevention advisory board has approved prior to the board's repeal pursuant to House Bill 24-1449, enacted in 2024.

(3) This section is repealed, effective October 1, 2025.
C.R.S. § 25-1-107.5 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-107.5
25-1-107.5. Additional authority of department - rules - remedies against nursing facilities
Status: repealed

25-1-107.5. Additional authority of department - rules - remedies against nursing facilities - criteria for recommending assessments for civil penalties - cooperation with department of health care policy and financing - nursing home penalty cash fund - nursing home innovations grant board - reports - transfer of contracts to the department. (1) For the purposes of this section, unless the context otherwise requires:

(a) Repealed.

(b) "Federal regulations for participation" means the regulations found in part 442 of title 42 of the code of federal regulations, as amended, for participation under Title XIX of the federal "Social Security Act", as amended.

(b.5) "Benefit residents of nursing facilities" means that a grant has a direct impact on the residents of nursing facilities or has an indirect impact on the residents through education of nursing facility staff.

(b.7) "Board" means the nursing home innovations grant board, authorized by subsection (6) of this section.

(c) "Nursing facility" means any skilled or intermediate nursing care facility that receives federal and state funds under Title XIX of the federal "Social Security Act", as amended.

(2) The department, as the state agency responsible for certifying nursing facilities, is authorized to adopt rules necessary to establish a series of remedies in accordance with this section and the federal "Omnibus Budget Reconciliation Act of 1987", Pub.L. 100-203, as amended, that may be imposed by the department of health care policy and financing when a nursing facility violates federal regulations for participation in the medicaid program. The remedies shall include any remedies required under federal law and the imposition of civil money penalties.

(3) (a) In accordance with rules promulgated under this section, the department is authorized to recommend to the department of health care policy and financing an appropriate civil money penalty based on the nature of the violation. Any penalties recommended shall not be less than one hundred dollars nor more than ten thousand dollars for each day the facility is found to be in violation of the federal regulations. Penalties assessed shall include interest at the statutory rate.

(b) The department shall adopt criteria for determining the amount of the penalty to be recommended for assessment. The criteria shall include, but need not be limited to, consideration of the following factors:

(I) The period during which the violation occurred;

(II) The frequency of the violation;

(III) The nursing facility's history concerning the type of violation for which the penalty is assessed;

(IV) The nursing facility's intent or reason for the violation;

(V) The effect, if any, of the violation on the health, safety, security, or welfare of the residents of the nursing facility;

(VI) The existence of other violations, in combination with the violation for which the penalty is assessed, that increase the threat to the health, safety, security, or welfare of the residents of the nursing facility;

(VII) The accuracy, thoroughness, and availability of records regarding the violation that the nursing facility is required to maintain; and

(VIII) The number of additional related violations occurring within the same period as the violation in question.

(c) (I) If the department finds that a violation is life threatening to one or more residents or creates a direct threat of serious adverse harm to the health, safety, security, rights, or welfare of one or more residents, the department of health care policy and financing shall impose a penalty for each day the deficiencies that constitute the violation are found to exist.

(II) Except as provided in subsection (3)(c)(I) of this section, the department of health care policy and financing shall not assess a penalty prior to the date a nursing facility receives written notice from the department of its recommendation to assess civil money penalties. The department shall provide the notice to the facility no later than ten days after the last day of the inspection or survey during which the deficiencies that constitute the violation were found. The notice shall:

(A) Set forth the deficiencies that are the basis for the recommendation to assess a penalty;

(B) Provide instructions for responding to the notice; and

(C) Require the nursing facility to submit a written plan of correction. The department shall adopt criteria for the submission of written plans of correction by nursing facilities and approval of the plans by the department. If the facility acts in a timely and diligent manner to correct the violation in accordance with an approved plan of correction, the department may recommend to the department of health care policy and financing that it suspend or reduce the penalty during the period of correction specified in the approved plan of correction.

(d) Except as provided in sub-subparagraph (C) of subparagraph (II) of paragraph (c) of this subsection (3), the department of health care policy and financing shall continue to assess any penalty recommended under this section until the department verifies to the department of health care policy and financing that the violation is corrected or until the nursing facility notifies the department that correction has occurred, whichever is earlier. If the penalty has been suspended or reduced pursuant to sub-subparagraph (C) of subparagraph (II) of paragraph (c) of this subsection (3) and the nursing facility has not corrected the violation, the department of health care policy and financing shall reinstate the penalty at an increased amount and shall retroactively assess the penalty to the date the penalty was suspended.

(4) (a) The department of health care policy and financing, after receiving a recommendation from the department, is authorized to assess, enforce, and collect the civil money penalty pursuant to section 25.5-6-205, C.R.S., for credit to the nursing home penalty cash fund, created pursuant to section 25.5-6-205 (3)(a), C.R.S.

(b) (I) The department and the department of health care policy and financing have joint authority for administering the nursing home penalty cash fund; except that final authority regarding the administration of money in the fund is in the department.

(II) (A) The authority of both departments includes establishing circumstances under which funds may be distributed in order to protect the health or property of individuals residing in nursing facilities that the department of health care policy and financing has found to be in violation of federal regulations for participation in the medicaid program.

(B) The departments shall collaborate at least annually, and more often as needed, to assess and review emergency funding needs and response plans for potential nursing facility closures. The departments shall jointly administer emergency funding.

(III) The state board of health may promulgate rules necessary to ensure proper administration of the nursing home penalty cash fund.

(c) The departments shall consider, as a basis for distribution from the nursing home penalty cash fund, the following:

(I) The need to pay costs to:

(A) Relocate residents to other facilities when a nursing facility closes;

(B) Maintain the operation of a nursing facility pending correction of violations;

(C) Close a nursing facility;

(D) Reimburse residents for personal funds lost;

(II) Grants to be approved for measures that will benefit residents of nursing facilities by fostering innovation and improving the quality of life and care at the facilities, including, but not limited to:

(A) Consumer education to promote resident-centered care in nursing facilities;

(B) (Deleted by amendment, L. 2014.)

(C) Initiatives in nursing facilities related to the quality measures promoted by the federal centers for medicare and medicaid services and other national quality initiatives;

(D) Education and consultation for purposes of identifying and implementing resident-centered care initiatives in nursing facilities; and

(E) Projects that support or compliment statewide quality and safety goals of the departments.

(d) (I) Repealed.

(II) The department, after receiving a recommendation from the board and approval from the federal centers for medicare and medicaid services, shall consider grants issued as sole source procurements that are not subject to the "Procurement Code", articles 101 to 112 of title 24.

(II.5) (A) The board shall make recommendations for the approval of grants that benefit residents of nursing facilities for at least one year and not more than three-year cycles. The projects awarded via grants must be portable, sustainable, and replicable in other nursing facilities.

(B) The department and the board shall develop processes for grant payments, which processes may allow grant payments to be made in advance of the delivery of goods and services to grantees. Grantees receiving advance payments shall report progress to the board. No state agency, nor any other governmental entity, with the exception of a facility that is owned or operated by a governmental agency and that is licensed as a nursing care facility under section 25-1.5-103 (1)(a)(I)(A), may apply for or receive a grant under this subsection (4).

(C) Any moneys remaining in the fund at the end of a fiscal year may be held over and used by the board in the next fiscal year. Unexpended and unencumbered moneys from an appropriation in the annual general appropriation act to the departments for the purpose of carrying out the nursing home innovations grant program under this section remain available for expenditure by the departments in the next fiscal year without further appropriation. This sub-subparagraph (C) applies to appropriations made by the general assembly for fiscal years ending on and after June 30, 2014. On or before June 30, 2014, and on or before June 30 of each year thereafter, the departments shall notify the state controller of the amount of the appropriation from the annual general appropriation act for the current fiscal year the departments need to remain available for expenditure in the next fiscal year. The departments may not expend more than the amount stated in the notice under this sub-subparagraph (C).

(D) Other policies of the board must conform with practices of other granting organizations. The work product from grants funded through the nursing home penalty cash fund is the intellectual property of the department and must be made available without charge to all nursing homes in the state. The state board of health may adopt rules as necessary to govern the procedure for awarding grants under this section.

(II.7) The department shall adhere to all state and federal requirements for the encumbrance and payment of grants under this subsection (4)(d). In addition, the department shall:

(A) Document necessary federal permissions for the use of moneys from the nursing home penalty cash fund, created under section 25.5-6-205, C.R.S., prior to making any payment or encumbrance; and

(B) Adhere to the written determination of the board under subsection (6) of this section in releasing state moneys for payment to grantees under this section. The department's adherence to the written determination of the board is sufficient evidence to ensure that work was completed fully and adequately.

(III) The state board of health shall establish a minimum reserve amount to be maintained in the nursing home penalty cash fund to ensure that there is sufficient money for the departments to distribute in accordance with subsection (4)(b)(II) of this section, if needed. The departments shall not expend money from the fund for the purposes described in subsection (4)(c)(II) of this section if the expenditure would cause the fund balance to fall below the minimum reserve amount.

(IV) In determining how to allocate the money authorized to be distributed pursuant to this subsection (4)(d), the departments shall take into consideration the recommendations of the board made pursuant to subsection (6)(c) of this section. If the departments disagree with the recommendations of the board, they shall meet with the board to explain their rationale and shall seek to achieve a compromise with the board regarding the allocation of the money. If a compromise cannot be achieved with regard to all or a portion of the money to be distributed, the state board of health shall have the final authority regarding the distribution of money for which a compromise has not been reached.

(e) (I) The departments shall not utilize money from the nursing home penalty cash fund for costs of administration associated with any specific movement, association, or organization; except that the appropriation for administration of the grants authorized under this section shall not exceed ten percent of the appropriation for the disbursed grants. The department and the department of heath care policy and financing shall use any such appropriation for administration to administer the grant program described in this section and to improve nursing facility innovation and quality with the goal of reducing future penalties.

(II) For purposes of this section, the departments shall jointly develop an annual administrative budget utilizing money from the nursing home penalty cash fund for the purposes of administering the fund and supporting the board. These purposes may include, but are not limited to:

(A) All required state and federal reporting;

(B) Public website maintenance;

(C) Marketing the nursing home penalty cash fund and grantee recruitment;

(D) Grant development, monitoring, and payment processing;

(E) Outcome measurement utilizing state and federal data sources;

(F) Coordination with quality programs already in place by the departments;

(G) Grantee monitoring and support;

(H) Costs associated with emergency closures and payment auditing; and

(I) Maintenance of access to complete projects, including trainings, recordings, and project deliverables.

(5) Repealed.

(6) (a) The nursing home innovations grant board is created. On and after July 1, 2021, the board is transferred from the department of health care policy and financing to the department. The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The department, in consultation with stakeholders, shall determine the appropriate entity to administer the board. The board consists of ten members as follows:

(I) The state long-term care ombudsman or his or her designee;

(II) The executive director of the department of health care policy and financing or the executive director's designee;

(III) The executive director of the department of public health and environment or the executive director's designee;

(IV) Seven members appointed by the governor as follows:

(A) Four members currently employed in long-term care nursing facilities;

(B) One member who is or represents a consumer of long-term care;

(C) One member representing the disability community who is either a resident of a nursing facility or a family member of a nursing facility resident; and

(D) One member representing the business community.

(E) (Deleted by amendment, L. 2014.)

(b) The members of the board shall serve without compensation.

(c) The board shall review all grant projects, determine whether the grantees completed their grant projects and grant objectives, and shall provide written recommendations to the department to make or withhold payment to grantees.

(d) By October 1 of each year, the departments, with the assistance of the board, shall jointly submit a report to the governor and the health and human services committee of the senate and the public health care and human services committee of the house of representatives of the general assembly, or their successor committees, regarding the expenditure of moneys in the nursing home penalty cash fund for the purposes described in subparagraph (II) of paragraph (c) of subsection (4) of this section. The report must detail the amount of moneys expended for such purposes, the recipients of the funds, the effectiveness of the use of the funds, and any other information deemed pertinent by the departments or requested by the governor or the committees. Notwithstanding the requirement in section 24-1-136 (11), C.R.S., the report required in this paragraph (d) continues indefinitely.

(7) Repealed.

(8) On and after July 1, 2021, whenever the department of health care policy and financing is referred to or designated by any contract or other document in connection with the duties and functions under this section, such reference or designation shall be deemed to apply to the department. All contracts entered into by the departments prior to July 1, 2021, in connection with the duties and functions under this section are hereby validated, with the department succeeding to all rights and obligations under such contracts.
C.R.S. § 25-1.5-108 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-108
25-1.5-108. Regulation of dialysis treatment clinics - training for hemodialysis technicians
Status: repealed

25-1.5-108. Regulation of dialysis treatment clinics - training for hemodialysis technicians - state board of health rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Dialysis treatment clinic" means a health facility or a department or unit of a licensed hospital that is planned, organized, operated, and maintained to provide outpatient hemodialysis treatment or hemodialysis training for home use of hemodialysis equipment.

(b) "End-stage renal disease" means the stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or a kidney transplant to maintain life.

(c) "Hemodialysis technician" means a person who is not a physician or a licensed professional nurse and who provides dialysis care.

(d) "National credentialing program" means any national program for credentialing or determining the competency of hemodialysis technicians that is recognized by the national association of nephrology technicians/technologists (NANT), or a successor association.

(2) The state board of health shall adopt rules to establish a process to verify that persons performing the duties and functions of a hemodialysis technician at or for a dialysis treatment clinic have been credentialed by a national credentialing program. The verification process shall be part of the department's licensing of dialysis treatment clinics and part of each routine survey of licensed dialysis clinics conducted by the department. As part of the rules adopted pursuant to this section, the state board shall establish fees consistent with section 25-3-105 to be assessed by the department against dialysis treatment clinics to cover the department's administrative costs in implementing this section.

(3) (a) A person shall not act as, or perform the duties and functions of, a hemodialysis technician unless the person has been credentialed by a national credentialing program and is under the supervision of a licensed physician or licensed professional nurse experienced or trained in dialysis treatment.

(b) A dialysis treatment clinic licensed by the department shall not allow a person to perform the duties and functions of a hemodialysis technician at or for the dialysis treatment clinic if the person has not been credentialed by a national credentialing program.

(c) Nothing in this subsection (3) prohibits:

(I) A person from providing dialysis care to himself or herself or in-home, gratuitous dialysis care provided to a person by a friend or family member who does not represent himself or herself to be a hemodialysis technician;

(II) A person participating in a hemodialysis technician training program from performing the duties and functions of a hemodialysis technician if:

(A) The person is under the direct supervision of a physician, or a licensed professional nurse experienced or trained in dialysis treatment, who is on the premises and available for prompt consultation or treatment; and

(B) The person receives his or her credentials from a national credentialing program within eighteen months after the date the person enrolled in the training program.

(4) In connection with its regulation of dialysis treatment clinics pursuant to section 25-1.5-103 (1)(a)(I) and 25-3-101 (1) and rules adopted by the state board of health pursuant to subsection (2) of this section, on and after January 1, 2009, the department shall verify that a dialysis treatment clinic only employs hemodialysis technicians who have been credentialed by a national credentialing program. Compliance by a dialysis treatment clinic with this section shall be a condition of licensure by the department.

(5) Each dialysis treatment clinic licensed by the department and operating in this state shall post a clear and unambiguous notice in a public location in the clinic specifying that the clinic is licensed, regulated, and subject to inspection by the Colorado department of public health and environment. The dialysis treatment clinic shall also inform consumers, either in the public notice required by this subsection (5) or in written materials provided to consumers, about the ability to provide feedback to the clinic and to the department, including the method by which consumers can provide feedback. The state board may adopt rules, as necessary, to specify the contents of the notice or written materials required by this subsection (5).

(5.5) A dialysis treatment clinic shall not provide outpatient hemodialysis treatment to a non-end-stage renal disease patient without a referral for treatment from a board-certified or board-eligible nephrologist licensed as a physician in Colorado. When making the referral, the nephrologist and other licensed physicians who cared for the patient in the hospital shall use their professional judgment to determine when the patient no longer requires hospitalization and may receive outpatient dialysis.

(6) This section is repealed, effective September 1, 2026. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.
C.R.S. § 25-3-303 — CO Code / Title 25 / Article 3 / Part 3 / Section 25-3-303
25-3-303. Organization of trustees
Status: in_force

25-3-303. Organization of trustees. (1) The members of the board of public hospital trustees within ten days after their appointment shall qualify by taking the oath of office. On the second Tuesday of each January, they shall organize and operate as follows:

(a) Unless otherwise authorized under the provisions of paragraph (b) of this subsection (1), they shall elect one of their number as president, one as vice-president, and one as secretary. No bond shall be required of them. The county treasurer of the county shall be treasurer of the board of trustees and shall receive and pay out all moneys under the control of said board as ordered by it but shall receive no compensation from such board. No trustee shall receive any compensation for services performed but may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee. An itemized statement of all such expenses and money paid out shall be made under oath by such trustee and filed with the secretary and allowed only by the affirmative vote of all the trustees present at a meeting of the board.

(b) If approved by resolution of the board of county commissioners, the board may organize and operate by electing one of their number as president, one as vice-president, and one as secretary-treasurer. The trustees may appoint an assistant secretary-treasurer from outside the membership of the board of trustees. No bond shall be required of the trustees, except of the secretary-treasurer and assistant secretary-treasurer who shall each file with the board of trustees, at the expense of the hospital, a corporate fidelity bond in an amount not less than ten thousand dollars, conditioned on the faithful performance of the duties of his office. The secretary-treasurer shall receive and pay out all the moneys under the control of the board of trustees as ordered by it. No trustee shall receive any compensation for services performed, but may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee. An itemized statement of all such expenses and money paid out shall be made under oath by such trustee and filed with the secretary-treasurer and allowed only by the affirmative vote of all the trustees present at a meeting of the board.

(2) For purposes of part 4 of article 6 of title 24, C.R.S., any board of public hospital trustees created pursuant to section 25-3-302 shall continue to be a local public body, as defined in section 24-6-402 (1)(a), C.R.S., regardless of whether the hospital governed by such board of trustees is designated an enterprise pursuant to section 25-3-304 (3).
C.R.S. § 25-7-903 — CO Code / Title 25 / Article 7 / Part 9 / Section 25-7-903
25-7-903. Clean air transit options for state employees
Status: in_force

25-7-903. Clean air transit options for state employees. Any state agency may provide clean air transit options to state employees of that agency, including, but not limited to, the use of available mass transit. The financing of any transit option offered by a state agency to state employees shall be from existing appropriations to that state agency. A transit option shall be considered a perquisite that is subject to the state controller's fiscal rules controlling perquisites under section 24-30-202 (22), C.R.S.
C.R.S. § 25-3.5-201 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-201
25-3.5-201. Training programs
Status: in_force

25-3.5-201. Training programs. (1) The department shall design and establish specialized curricula for personnel who respond routinely to emergencies. The board of county commissioners may select from the various curricula available those courses meeting the minimum requirements established by said board.

(2) The department shall distribute the curricula and teaching aids to training institutions and hospitals upon request from a recognized training group or hospital. If a county is unable to arrange for necessary training programs, the department shall arrange a training program within the immediate vicinity of the agency requesting the program. The department shall issue emergency medical service provider certificates or licenses in accordance with section 25-3.5-203 (1) and may issue certificates of successful course completion to those individuals who successfully complete other emergency medical services training programs of the department. The programs may provide for the training of emergency medical dispatchers, emergency medical services instructors, emergency medical services coordinators, and other personnel who provide emergency medical services. The receipt of the certificate of course completion is not deemed state licensure, approval, or a determination of competency.

(3) The department shall consider including in the department's training curriculum for personnel who respond routinely to emergencies the training curriculum concerning interactions with persons with disabilities recommended by the commission on improving first responder interactions with persons with disabilities pursuant to section 24-31-1004.
C.R.S. § 25-1-111 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-111
25-1-111. Revenues of department
Status: repealed

25-1-111. Revenues of department. (Repealed)
C.R.S. § 25-7-511 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-511
25-7-511. Enforcement - repeal
Status: repealed

25-7-511. Enforcement - repeal. (1) Whenever the division has reason to believe that any person has violated any of the provisions of this part 5 or the rules and regulations promulgated thereunder, the division may issue a notice of violation and cease-and-desist order. The notice of violation shall set forth the provision, rule, or regulation alleged to have been violated and the facts constituting such violation. The cease-and-desist order shall set forth the measures which the person shall take to eliminate the violation and the time within which these measures shall be performed. The order may require that the person stop work at the asbestos abatement project until the violation has been eliminated or may require a school to submit and implement an asbestos management plan by a date specified by the division.

(2) If the recipient of a cease-and-desist order issued pursuant to subsection (1) of this section fails to comply with the terms of the order within the time specified, the division may file an action in the district court of the county where the violation is alleged to have occurred requesting that the court order the person to comply with the cease-and-desist order. When the division alleges that the violation poses a significant danger to the health of any person, the court shall grant such action priority.

(3) Unless the division has filed an action in the district court pursuant to subsection (2) of this section, a recipient of a cease-and-desist order may request a hearing before the commission to contest the cease-and-desist order. Such request shall be filed within thirty days after the cease-and-desist order has been issued. A hearing on the cease-and-desist order shall be held pursuant to section 25-7-119.

(4) Upon a finding by the division that a person is in violation of any of the provisions of this part 5 or the rules and regulations promulgated thereunder, the division may assess a penalty of up to twenty-five thousand dollars per day of violation or such lesser amount as may be required by applicable federal law or regulation. In determining the amount of the penalty to be assessed, the division shall consider the seriousness of the danger to the public's health caused by the violation, whether or not the violation was willful, the duration of the violation, and the record of the person committing such violation.

(5) A person subject to a penalty assessed pursuant to subsection (4) of this section may appeal the penalty to the commission by requesting a hearing before the commission. Such request shall be filed within thirty days after the penalty assessment is issued. A hearing pursuant to this subsection (5) shall be conducted pursuant to section 25-7-119.

(6) (a) Except as described in subsection (6)(b) of this section, all penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.

(b) (I) On and after July 1, 2025, all receipts from penalties collected under this section shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (6)(b) continue only until such time as the total amount of penalties and fines collected pursuant to this section and sections 25-15-309 and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars.

(II) This subsection (6)(b) is repealed, effective June 30, 2027.
C.R.S. § 25-37-101 — CO Code / Title 25 / Article 37 / Section 25-37-101
25-37-101. Applicability of article
Status: in_force

25-37-101. Applicability of article. A person or entity that contracts with a health-care provider shall comply with this article and shall include the provisions required by this article in the contract.
C.R.S. § 25-11-110 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-110
25-11-110. Financial assurance warranties - definitions
Status: in_force

25-11-110. Financial assurance warranties - definitions. (1) As a part of any license, certificate, or authorization issued under this article and pursuant to regulations promulgated by the state board of health, the department may require financial assurance warranties.

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

(a) "Decommissioning warranty" means a financial assurance arrangement provided by a person licensed, certified, or authorized pursuant to this article that is required to ensure decommissioning and decontamination of a facility and proper disposal of radioactive materials to meet the requirements of this part 1, the regulations promulgated pursuant thereto, or the license.

(b) "Financial assurance warranty" means a decommissioning warranty or a long-term care warranty.

(c) "Indirect costs" means those costs established annually in accordance with federal circular A-87, or any applicable successor document.

(d) "Long-term care warranty" means a financial assurance arrangement provided by a person licensed, certified, or authorized pursuant to this article that is required to cover the costs incurred by the department in conducting surveillance of a disposal site in perpetuity subsequent to the termination of the radioactive materials license for that site.

(3) (a) Financial assurance warranties may be provided by the licensee or by a third party or combination of persons.

(b) Any financial assurance warranty required pursuant to this section shall be in a form prescribed by the state board of health by regulation.

(c) The department may refuse to accept any financial assurance warranty if:

(I) The form, content, or terms of the warranty are other than as prescribed by the state board of health by regulation;

(II) The financial institution providing the financial assurance instrument is an off-shore, nondomestic institution or does not have a registered agent in the state of Colorado;

(III) The value of the financial assurance warranty offered is dependent upon the success, profitability, or continued operation of the licensed business or operation; or

(IV) The department determines that the financial assurance warranty cannot be converted to cash within thirty days after forfeiture.

(4) (a) The department shall determine the amount of financial assurance warranties required, taking into account the nature, extent, and duration of the licensed activities and the magnitude, type, and estimated cost for proper disposal of radioactive materials, decontamination, and decommissioning or long-term care.

(b) The amount of a decommissioning warranty shall be sufficient to enable the department to dispose of radioactive materials and complete decontamination and decommissioning of affected buildings, fixtures, equipment, personal property, and lands if necessary.

(c) The amount of the decommissioning warranty shall be based upon cost estimates of the total costs that would be incurred if an independent contractor were hired to perform the decommissioning, decontamination, and disposal work, and may include reasonable administrative costs, including indirect costs, incurred by the department in conducting or overseeing disposal, decontamination, and decommissioning and to cover the department's reasonable attorney costs that may be incurred in successfully revoking, foreclosing, or realizing the decommissioning warranty as authorized in section 25-11-111 (4).

(d) The amount of a long-term care warranty must be enough that, with an assumed one percent annual real interest rate, the annual interest earnings will be sufficient to cover the annual costs of site surveillance by the department, including reasonable administrative costs incurred by the department, in perpetuity, subsequent to the termination of the radioactive materials license for that site.

(e) If the state of Colorado is the long-term caretaker for the disposal facility pursuant to section 25-11-103 (7)(h), long-term care moneys shall be transferred, pursuant to section 25-11-113 (3), to the long-term care fund, created in section 25-11-113, prior to license termination and shall be used by the department to perform site surveillance and to cover the department's administrative and reasonable attorney costs.

(f) The department is authorized to transfer a long-term care warranty to the United States department of energy or another federal agency if that agency will be the long-term caretaker for the disposal facility.

(5) (a) The department shall take reasonable measures to assure the continued adequacy of any financial assurance warranty and may annually or for good cause increase or decrease the amount of required financial assurance warranties or require proof of the value of existing warranties.

(b) The licensee shall submit an annual report to the department demonstrating proof of the value of existing warranties. The annual report shall describe any changes in operations, estimated costs, or any other circumstances that may affect the amount of the required financial assurance warranties, including any increased or decreased costs attributable to inflation.

(c) Public notice of the submittal of the licensee's annual report shall be posted on the department's website and published by the operator in the local paper of general circulation. Any person may submit written comments to the department concerning the adequacy of any financial assurance warranties. The act of submitting such comments does not provide a right to administrative appeal concerning the financial assurance warranties.

(d) The licensee shall have sixty days after the date of written notification by the department of a required adjustment to establish a warranty fulfilling all new requirements unless granted an extension by the department. If the licensee disputes the amount of the required financial assurance warranties, the licensee may request a hearing to be conducted in accordance with section 24-4-105, C.R.S.

(e) If the licensee requests a hearing, no new ore or other radioactive material may be brought on site for processing or disposal and no new radioactive material may be processed until the licensee's dispute over the financial assurance warranty is resolved, unless the licensee posts a bond in a form approved by the department equal to the amount in dispute.

(6) (a) Financial assurance warranties shall be maintained in good standing until the department has authorized in writing the discontinuance of such warranties.

(b) (I) If a financial warranty is provided by a corporate surety, the department shall require the surety to be A.M. Best rated "A-V" or better and listed on the United States treasury's federal register of companies holding certificates of authority as acceptable sureties on federal bonds; except that, the corporate surety shall notify the department and the licensee, in writing, as soon as practicable in the event its A.M. Best, or equivalent, rating deteriorates below an "A-V" rating or such corporate surety is removed from the department of the treasury's list of companies holding certificates of authority as acceptable sureties on federal bonds.

(II) The board may promulgate rules and regulations concerning other circumstances that may constitute an impairment of the warranties referenced in this article that would require reasonable notice to the department by the warrantor.

(III) A financial warrantor shall notify the department not less than ninety days prior to any cancellation, termination, or revocation of the warranty, unless the department has authorized in writing the discontinuance of such warranties.
C.R.S. § 25-7.5-103 — CO Code / Title 25 / Article 7.5 / Section 25-7.5-103
25-7.5-103. Clean fleet enterprise - creation - board - powers and duties - fees - fund
Status: in_force

25-7.5-103. Clean fleet enterprise - creation - board - powers and duties - fees - fund. (1) (a) The clean fleet enterprise is hereby created in the department. The enterprise is and operates as a government-owned business within the department in order to execute its business purpose as specified in subsection (3) of this section by exercising the powers and performing the duties set forth in this section.

(b) 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.

(2) (a) The governing board of the enterprise consists of nine members as follows:

(I) The governor shall appoint six members with the advice and consent of the senate for terms of the length specified in subsection (2)(b) of this section. One member shall represent a disproportionately impacted community, one member shall have expertise in air pollution reduction, one member shall have expertise in transportation, one member shall have expertise in motor vehicle fleet electrification, one member shall have expertise in business or supply chain management, and one member shall represent a business that owns or operates a motor vehicle fleet. The governor shall make reasonable efforts, to the extent such applications have been submitted for consideration for the board, to consider members that reflect the state's geographic diversity when making appointments and shall make initial appointments no later than October 1, 2021.

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

(III) The director of the Colorado energy office or the director's designee; and

(IV) The executive director of the department of transportation or the executive director's designee.

(b) Members of the board appointed by the governor serve for terms of four years; except that four of the members initially appointed shall serve for initial terms of three years. A member who is appointed to fill a vacancy on the board shall serve the remainder of the unexpired term of the former member. The other board members serve for as long as they hold their positions or are designated to serve.

(c) Members of the board serve without compensation but must be reimbursed from money in the fund for actual and necessary expenses incurred in the performance of their duties pursuant to this article 7.5.

(3) The business purpose of the enterprise is to incentivize and support the use of electric motor vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles, and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology for certain fleet uses, compressed natural gas motor vehicles that are fueled by recovered methane, by businesses and governmental entities that own or operate fleets of motor vehicles, including fleets composed of personal motor vehicles owned or leased by individual contractors who provide prearranged rides for transportation network companies or deliver goods for a third-party delivery service. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:

(a) Impose a clean fleet per ride fee and a clean fleet retail delivery fee as authorized by subsections (7) and (8) of this section;

(b) Issue grants, loans, and rebates as authorized by subsection (9) of this section; and

(c) Issue revenue bonds payable from the revenue and other available money of the enterprise.

(4) 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 annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution.

(5) (a) The clean fleet enterprise fund is hereby created in the state treasury. The fund consists of clean fleet per ride fee revenue and clean fleet retail delivery fee revenue credited to the fund pursuant to subsections (7) and (8) of this section, any monetary gifts, grants, donations, or other payments received by the enterprise, any federal money that may be credited to the fund, 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. Money in the fund is continuously appropriated to the enterprise for the purposes set forth in this article 7.5 and to pay the enterprise's reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.

(b) The department may transfer money from any legally available source to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the department to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the clean fleet enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the clean fleet enterprise initial expenses fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the clean fleet enterprise initial expenses fund to the fund. The clean fleet enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the department for the principal amount of any loan made by the department plus interest at a rate set by the department. Upon receipt of such reimbursement, the department shall remit to the state treasurer for crediting to the general fund the amount needed to fully repay the amount of any general fund money appropriated to the department for the purpose of funding the loan made pursuant to this subsection (5)(b) plus the interest included in the reimbursement.

(6) In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To acquire, hold title to, and dispose of real and personal property;

(c) In consultation with the executive director of the department, or the executive director's designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose;

(d) To contract with any public or private entity, including state agencies, consultants, and the attorney general's office, for professional and technical assistance, office space, and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The enterprise is encouraged to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications. The board shall generally avoid using sole-source contracts.

(e) To seek, accept, and expend gifts, grants, donations, or other payments from private or public sources for the purposes of this article 7.5 so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund.

(f) To provide services as set forth in subsection (9) of this section;

(g) To publish the processes by which the enterprise accepts applications, the criteria for evaluating applications, and a list of grantees or program participants pursuant to subsection (9) of this section;

(h) To promulgate rules for the sole purpose of setting the amounts of the clean fleet per ride fee and the clean fleet retail delivery fee at or below the maximum amounts authorized in this section; and

(i) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section.

(7) (a) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the enterprise shall impose a clean fleet per ride fee to be paid by a transportation network company for each prearranged ride requested and accepted through the company's digital network. For the purpose of minimizing compliance costs for transportation network companies and administrative costs for the state, the department of revenue shall collect the clean fleet per ride fee on behalf of the enterprise, and a transportation network company shall pay the fee to the department of revenue as required by section 40-10.1-607.5 (2). The enterprise shall ensure that during the first ten state fiscal years of fee collections, expenditures that support transportation network company operations equal or exceed cumulative clean fleet per ride fee revenue.

(b) For prearranged rides requested and accepted during state fiscal year 2022-23, the enterprise shall impose the clean fleet per ride fee in a maximum amount of:

(I) Three and three-quarters cents for each prearranged ride that is a car share ride or for which the driver transports the rider in a zero emissions motor vehicle; and

(II) Seven and one-half cents for every other prearranged ride.

(c) (I) Except as otherwise provided in subsection (7)(c)(II) of this section, for prearranged rides requested and accepted during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the clean fleet per ride fee in a maximum amount that is the applicable maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the clean fleet per ride fee to be collected for rides requested and accepted during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

(II) The enterprise is authorized to adjust the amount of the clean fleet per ride fee for prearranged rides requested and accepted during a state fiscal year only if the rate of inflation is positive and cumulative inflation from the time of the last adjustment in the amount of the fee, when applied to the sum of the current clean fleet per ride fee and the current air pollution mitigation per ride fee imposed as required by section 43-4-1303 (7) and rounded to the nearest whole cent, will result in an increase of at least one whole cent in the total amount of the clean fleet per ride fee and the air pollution mitigation per ride fee paid by a person who requests and accepts a prearranged ride. The amount of cumulative inflation to be applied to the sum of the current clean fleet per ride fee and the current air pollution mitigation per ride fee and rounded to the nearest whole cent is the lesser of actual cumulative inflation or five percent.

(d) As required by section 40-10.1-607.5 (3)(a), the department of revenue shall transmit all net clean fleet per ride fee revenue collected to the state treasurer, who shall credit the revenue to the fund.

(8) (a) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, a clean fleet retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the clean fleet retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the clean fleet retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

(b) For retail deliveries of tangible personal property purchased during state fiscal year 2022-23, the enterprise shall impose the clean fleet retail delivery fee in a maximum amount of five and three-tenths cents.

(c) (I) Except as otherwise provided in subsection (8)(c)(II) of this section, for retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the clean fleet retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the clean fleet retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.

(II) The enterprise is authorized to adjust the amount of the clean fleet retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.

(9) (a) In furtherance of its business purpose, and subject to the requirements set forth in this subsection (9), the enterprise is authorized to incentivize, support, and accelerate the adoption of electric motor vehicles in motor vehicle fleets.

(b) The enterprise may provide funding or financing through grant programs, rebate programs, revolving loan funds, or such other strategies as the board finds effective:

(I) To help public and private owners and operators of motor vehicle fleets finance electric motor vehicle acquisitions to reduce the up-front costs of acquiring electric motor vehicles, through December 31, 2026, to help public and private owners and operators of motor vehicle fleets finance acquisitions of compressed natural gas motor vehicles that are trucks if at least ninety percent of the fuel for the trucks will be recovered methane, and, on and after January 1, 2027, for so long as the enterprise determines that electric motor vehicles are not yet practically available or do not meet the operational requirements such as cargo carrying capacity and driving range for specific categories of trucks, to help public and private owners and operators of motor vehicle fleets finance acquisitions of compressed natural gas motor vehicles that are trucks if at least ninety percent of the fuel for the trucks will be recovered methane;

(II) To assess and implement cleaner mobile source technology to support electrification of motor vehicles and electric motor vehicle fleets;

(III) To coordinate engagement with public entities and owners and operators of motor vehicle fleets to develop strategies for electrifying motor vehicle fleets and other not yet electrified freight transportation and retail delivery operations that can be electrified;

(IV) To research and assess innovative and emerging motor vehicle emission strategies for motor vehicles and engines and modernize and improve current testing, inspection, and readjustment services offered by the department;

(V) To provide training and development of a clean transportation workforce to support the adoption of electric motor vehicles for use in motor vehicle fleets;

(VI) To research and develop strategies, business plans, and guidance to support the consistent application of grants and other enterprise business services, including remediation services;

(VII) To provide outreach, education, or training to support the successful application and performance by entities receiving funds;

(VIII) To provide or support the delivery of companion services such as fleet motor vehicle testing, inspection, and readjustment services;

(IX) To reduce health disparities in disproportionately impacted communities resulting from increased exposure to motor vehicle fleet emissions;

(X) To help companies that maintain motor vehicle fleets and rent motor vehicles in the fleets to transportation network company drivers for use in providing transportation network company services purchase or lease electric motor vehicles for that use;

(XI) To help transportation network companies provide incentives for transportation network company drivers to provide prearranged rides in electric motor vehicles; and

(XII) To provide additional remediation services to fee payers as may be provided by law, including but not limited to incentivizing the use of clean mobile equipment, provide planning services to support communities, including but not limited to disproportionately impacted communities, or provide scrappage services.

(10) The enterprise shall contract with the air pollution control division of the department to develop proposed rules for the consideration of the commission that will support the enterprise's business services, including remediation services, in a manner that maintains compliance with the federal and state statutes, rules, and regulations governing air quality. The division shall collaborate with the Colorado energy office and the department of transportation when developing the rules.

(11) (a) To ensure transparency and accountability, the enterprise shall:

(I) No later than June 1, 2022, publish and post on its website a ten-year plan that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42.

(II) Create, maintain, and regularly update on its website a public accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures;

(III) Engage regularly regarding its projects and activities with the public, specifically reaching out to and seeking input from communities, including but not limited to disproportionately impacted communities, and interest groups that are likely to be interested in the projects and activities; and

(IV) Prepare an annual report regarding its activities and funding and present the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (11)(a)(IV) to the specified legislative committees continues indefinitely.

(b) The enterprise is subject to the open meetings provisions of the "Colorado Sunshine Act of 1972", contained in part 4 of article 6 of title 24, and the "Colorado Open Records Act", part 2 of article 72 of title 24.

(c) For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.

(d) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.
C.R.S. § 25-20.5-1103 — CO Code / Title 25 / Article 20.5 / Part 11 / Section 25-20.5-1103
25-20.5-1103. Rules
Status: in_force

25-20.5-1103. Rules. The department may promulgate rules as necessary for the implementation of this part 11.
C.R.S. § 25-15-319 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-319
25-15-319. Contents of environmental covenants and notices of environmental use restriction
Status: in_force

25-15-319. Contents of environmental covenants and notices of environmental use restrictions. (1) Environmental covenants and notices of environmental use restrictions shall include provisions regarding:

(a) Duration and any conditions under which the environmental covenant or restrictive notice may be modified or terminated;

(b) Any environmental use restrictions relied on in the remediation decision for the environmental remediation project for the subject property;

(c) A requirement that the owner of the property subject to the environmental covenant or restrictive notice notify the department at least fifteen days in advance of any transfer of ownership of some or all of the real property subject to the environmental covenant or restrictive notice;

(d) A requirement that the owner of the property notify the department simultaneously with submitting any application to a local government for a building permit or change in land use;

(e) A requirement to allow the department right of entry at reasonable times with prior notice for the purpose of determining compliance with the terms of the environmental covenant or restrictive notice. Nothing in this section shall impair any other authority the department may otherwise have to enter and inspect property subject to the environmental covenant or restrictive notice.

(f) (I) For environmental covenants, inclusion of the following statement on the first page of the instrument creating the environmental covenant in fifteen-point, bold-faced type: "This property is subject to an environmental covenant held by the Colorado department of public health and environment pursuant to section 25-15-321, Colorado Revised Statutes."

(II) For restrictive notices, inclusion of the following statement on the first page of the restrictive notice in fifteen-point, bold-faced type: "This property is subject to a notice of environmental use restrictions imposed by the Colorado department of public health and environment pursuant to section 25-15-321.5, Colorado Revised Statutes."

(g) A requirement to incorporate, either in full or by reference, the environmental covenant or restrictive notice in any leases, licenses, or other instruments granting a right to use the property that may be affected by the environmental covenant or restrictive notice;

(h) Modification or termination of the environmental covenant or restrictive notice consistent with this subsection (1). The owner of land subject to an environmental covenant or restrictive notice may request that the department approve modification or termination of the covenant or restrictive notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The department shall review any submitted information and may request additional information. If the department determines that the proposal to modify or terminate the environmental covenant or restrictive notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of an environmental covenant or restrictive notice shall be effective unless it has been approved in writing by the department. Information to support a request for modification or termination may include one or more of the following:

(I) A proposal to perform additional remedial work;

(II) New information regarding the risks posed by the residual contamination;

(III) Information demonstrating that residual contamination has diminished;

(IV) Information demonstrating that an engineered feature or structure is no longer necessary;

(V) Information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and

(VI) Other appropriate supporting information; and

(i) Such other subjects as may be appropriate.
C.R.S. § 25-7-103 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-103
25-7-103. Definitions
Status: repealed

25-7-103. Definitions. As used in this article 7, unless the context otherwise requires:

(1) "Administrator" means the administrator of the federal environmental protection agency.

(1.3) "Adverse environmental effect", as a term used in the context of regulating hazardous air pollutants, means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.

(1.5) "Air pollutant" means any fume, smoke, particulate matter, vapor, or gas or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter, but "air pollutant" does not include water vapor or steam condensate or any other emission exempted by the commission consistent with the federal act. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the United States environmental protection agency or the commission has identified such precursor or precursors for the particular purpose for which the term "air pollutant" is used.

(2) "Air pollution control authority" means the division, or any person or agency given authority by the division, or a local governmental unit duly authorized with respect to air pollution control.

(3) "Air pollution source" means any source whatsoever at, from, or by reason of which there is emitted or discharged into the atmosphere any air pollutant.

(4) "Allowable emissions" means the emission rate calculated for a stationary source using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

(a) The applicable standards promulgated pursuant to the federal act for new source performance or hazardous air pollutants;

(b) The applicable Colorado emission control regulation; or

(c) The emission rate specified as a permit condition.

(5) "Ambient air" means that portion of the atmosphere, external to the sources, to which the general public has access.

(5.5) "Appliance" means any device which contains and uses as a refrigerant a class I or class II ozone depleting compound as defined by the administrator and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.

(5.7) "Approved motor vehicle refrigerant recycling equipment" means any equipment models certified by the administrator, or any independent standards testing organization approved by such administrator, to meet the standards established by the administrator which are applicable to equipment for the extraction of refrigerants from motor vehicle air conditioners. Equipment for such purpose purchased prior to the promulgation of regulations pursuant to section 25-7-105 (11)(c) shall be considered certified if it is substantially identical to equipment which is certified by the administrator.

(6) Repealed.

(6.5) "CFC" means any of the chlorofluorocarbon chemicals CFC-11, CFC-12, CFC-112, CFC-113, CFC-114, CFC-115, or CFC-502.

(6.7) "Colorado generally available control technology" or "Colorado GACT" means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements utilizing generally available control technologies or management practices by area sources for the reduction of emissions of hazardous air pollutants considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.

(6.8) "Colorado maximum achievable control technology" or "Colorado MACT" means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements which provide for the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.

(7) "Commission" means the air quality control commission created by section 25-7-104.

(8) "Construction" means fabrication, erection, installation, or modification of an air pollution source.

(8.5) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(9) "Division" means the division of administration of the department of public health and environment.

(9.5) "Effects on public welfare" means all language referring to effects on public welfare, which includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transformation, conversion, or combination with other air pollutants.

(9.7) "Emergency event" means a situation arising from a sudden and reasonably unforeseen natural disaster or other unforeseen event, including the loss of utility service, that requires the use of emergency stationary engines to alleviate a threat to health, safety, and welfare pursuant to 40 CFR 60 or 63, as in effect on January 1, 2022. A threat to health, safety, and welfare includes national security threats.

(9.8) "Emergency stationary engine" means an engine that is not mobile and that is used to provide electric power to or mechanical work for critical infrastructure during an emergency event.

(10) "Emission" means the discharge or release into the atmosphere of one or more air pollutants.

(11) "Emission control regulation" means and includes any standard promulgated by regulation that is applicable to all air pollution sources within a specified area and that prohibits or establishes permissible limits for specific types of emissions in such area; any regulation that by its terms is applicable to a specified type of facility, process, or activity for the purpose of controlling the extent, degree, or nature of pollution emitted from such type of facility, process, or activity; any regulation adopted for the purpose of preventing or minimizing emission of any air pollutant in potentially dangerous quantities; and any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards that describe maximum ambient air concentrations of specifically identified pollutants or that describe varying degrees of pollution of ambient air. Emission control regulations pertaining to hazardous air pollutants, as defined in subsection (13) of this section, and toxic air contaminants designated pursuant to section 25-7-109.5, shall be consistent with the emission standards promulgated under section 112 of the federal act or section 25-7-109.3 or 25-7-109.5 in reducing or preventing emissions and may include application of measures, processes, methods, systems, or techniques, including, but not limited to, measures that:

(a) Reduce the volume of, or eliminate emissions of, such pollutants through process changes, emissions limitations, control technologies, substitution of materials, or other modifications;

(b) Enclose systems or processes to eliminate emissions;

(c) Collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emissions point;

(d) Are design, equipment, or work practice standards (including requirements for operator training or certification); or

(e) Are a combination of the provisions of paragraphs (a) to (d) of this subsection (11).

(11.5) "Emission data" means, with reference to any source of emission of any substance into the air:

(a) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been, or will be, emitted by the source (or of any pollutant resulting from any emission by the source), or any combination thereof;

(b) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emission which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source), or any combination thereof;

(c) A general description of the location or nature, or both, of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C. sec. 7401 et seq., as amended.

(12.1) "Generally available control technology" or "GACT" means standards promulgated pursuant to section 112 of the federal act which provide for the use of generally available control technologies or management practices for the control of hazardous air pollutants for area sources, as defined in section 112 of the federal act, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.

(13) "Hazardous air pollutant" means an air pollutant which presents through inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which has been listed pursuant to section 112 of the federal act or section 25-7-109.3.

(14) "Indirect air pollution source" means any facility, building, structure, or installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity which results in emissions of air pollutants which might reasonably be expected to interfere with the attainment and maintenance of national ambient air standards.

(15) "Issue" or "issuance" means the mailing, including by electronic mail, of any order, permit, determination, or notice, other than notice by publication, or personal service on the person. The date of issuance of the order, permit, determination, or notice must be the date of the mailing or service or such later date as is stated in the order, permit, determination, or notice.

(16) "Local air pollution law" means any law, ordinance, resolution, code, rule, or regulation adopted by the governing body of any city, town, county, or city and county, pertaining to the prevention, control, and abatement of air pollution.

(16.5) "Maximum achievable control technology" or "MACT" means emission standards promulgated under section 112 of the federal act requiring the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.

(17) "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

(18) "Motor vehicle" means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways.

(18.3) "Motor vehicle air conditioner" means any air conditioner designed for installation in a motor vehicle which uses as a refrigerant any class I or class II ozone depleting compound as defined by the administrator.

(18.4) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary source.

(18.5) "Ozone depleting compound" means any substance on the list of class I and class II ozone depleting compounds as defined by the administrator and as referenced in section 602 of the federal "Clean Air Act Amendments of 1990".

(19) "Person" means any individual, public or private corporation, partnership, association, firm, trust, estate, the United States or the state or any 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.

(19.5) "Refrigeration system" includes refrigerators, freezers, cold storage warehouse refrigeration systems, and air conditioners, any of which hold more than one hundred pounds of refrigerant or more than one hundred pounds total if more than one refrigeration unit or system exists at the same location.

(20) "Shutdown" means the cessation of operation of any air pollution source for any purpose.

(21) "Start-up" means the setting in operation of any air pollution source for any purpose.

(22) "State implementation plan" or "SIP" means a plan required by and described in section 110 (a) or 169A of the federal act.

(22.5) "Statewide greenhouse gas pollution" means the total net statewide anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride, expressed as carbon dioxide equivalent calculated using a methodology and data on radiative forcing and atmospheric persistence deemed appropriate by the commission.

(23) "Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant.
C.R.S. § 25-6-402 — CO Code / Title 25 / Article 6 / Part 4 / Section 25-6-402
25-6-402. Definitions
Status: in_force

25-6-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Abortion" means any medical procedure, instrument, agent, or drug used to terminate the pregnancy of an individual known or reasonably believed to be pregnant with an intention other than to increase the probability of a live birth.

(2) "Pregnancy" means the human reproductive process, beginning with the implantation of an embryo.

(3) "Public entity" has the same meaning as set forth in section 24-10-103 (5) and includes private contract prisons, as defined in section 17-1-102.

(4) "Reproductive health care" means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life. It includes, but is not limited to, family planning and contraceptive care; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers.
C.R.S. § 25-27.5-108 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-108
25-27.5-108. License or registration denial - suspension - revocation
Status: repealed

25-27.5-108. License or registration denial - suspension - revocation. (1) Upon denial of an application for an original license or registration, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on his or her application. Any applicant aggrieved by the denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if the applicant, within thirty days after receiving the notice of denial, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of original licenses or registrations must be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S.

(2) (a) The department may suspend, revoke, or refuse to renew the license or registration of a home care agency or home care placement agency that is out of compliance with the requirements of this article or the rules promulgated pursuant to this article. Before taking final action to suspend, revoke, or refuse to renew a license or registration, the department shall conduct a hearing on the matter in conformance with the provisions and procedures specified in article 4 of title 24, C.R.S.; except that the department may implement a summary suspension prior to a hearing in accordance with article 4 of title 24, C.R.S. If the department suspends, revokes, or refuses to renew a home care placement agency registration, the department shall remove the home care placement agency from the registry maintained by the department pursuant to section 25-27.5-103 (2)(a)(I).

(b) (I) The department may impose intermediate restrictions or conditions on a licensed home care agency or registered home care placement agency that may include at least one of the following:

(A) Retaining a consultant to address corrective measures;

(B) Monitoring by the department for a specific period;

(C) Providing additional training to employees, owners, or operators of the home care agency or home care placement agency;

(D) Complying with a directed written plan to correct the violation; or

(E) Paying a civil fine not to exceed ten thousand dollars per calendar year for all violations.

(II) (A) If the department imposes an intermediate restriction or condition that is not a result of a serious and immediate threat to health or welfare, the department shall provide written notice of the restriction or condition to the licensed home care agency or registered home care placement agency. No later than ten days after the date the notice is received from the department, the licensed home care agency or registered home care placement agency shall submit a written plan that includes the time frame for completing the plan and addresses the restriction or condition specified.

(B) If the department imposes an intermediate restriction or condition that is the result of a serious and immediate threat to health, safety, or welfare, the department shall notify the licensed home care agency or registered home care placement agency in writing, by telephone, or in person during an on-site visit. The licensed home care agency or registered home care placement agency shall remedy the circumstances creating harm or potential harm immediately upon receiving notice of the restriction or condition. If the department provides notice of a restriction or condition by telephone or in person, the department shall send written confirmation of the restriction or condition to the licensed home care agency or registered home care placement agency within two business days.

(III) (A) After submission of an approved written plan, a licensed home care agency or registered home care placement agency may first appeal any intermediate restriction or condition on its license or registration to the department through an informal review process as established by the department.

(B) If the restriction or condition requires payment of a civil fine, the licensed home care agency or registered home care placement agency may request, and the department shall grant, a stay in payment of the fine until final disposition of the restriction or condition.

(C) If a licensed home care agency or registered home care placement agency is not satisfied with the result of the informal review or chooses not to seek informal review, the department shall not impose an intermediate restriction or condition on the licensed home care agency or registered home care placement agency until after the licensed home care agency or registered home care placement agency is afforded an opportunity for a hearing pursuant to section 24-4-105, C.R.S.

(IV) If the department assesses a civil fine pursuant to this subsection (2)(b), the department shall transmit the fines to the state treasurer, who shall credit the fines to the general fund.

(V) Repealed.

(3) The department shall revoke or refuse to renew the license of a home care agency or the registration of a home care placement agency where the owner, licensee, or registrant has been convicted of a felony or misdemeanor involving conduct that the department determines could pose a risk to the health, safety, or welfare of the home care consumers of the home care agency or home care placement agency. The department may revoke or refuse to renew a license or registration only after conducting a hearing on the matter in accordance with article 4 of title 24, C.R.S.
C.R.S. § 25-3-314 — CO Code / Title 25 / Article 3 / Part 3 / Section 25-3-314
25-3-314. Charge for professional services
Status: in_force

25-3-314. Charge for professional services. Any hospital which is owned by a county, or by a city and county, having a population in excess of two hundred fifty thousand persons and which is a teaching hospital duly accredited as such by the joint commission on accreditation of hospitals and by the council on medical education of the American medical association may employ physicians and surgeons licensed to practice medicine in the state of Colorado for the performance of professional services in such hospital or in any related outpatient facility which is owned by such county or city and county. Charges for the services so rendered by any such physician or surgeon, excluding professional trainees, may be collected through the medium of such hospital in the name of the physician or surgeon and, upon collection, may be placed in a medical practice fund to be established, maintained, and used by such hospital solely for the purpose of payment of compensation to the physicians and surgeons so employed and for the payment of consultation fees to other physicians and surgeons not so employed, or directly to physicians and surgeons who are directly engaged in medical research or medical education.
C.R.S. § 25-4-501 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-501
25-4-501. Tuberculosis declared to be an infectious and communicable disease
Status: in_force

25-4-501. Tuberculosis declared to be an infectious and communicable disease. It is hereby declared that tuberculosis is an infectious and communicable disease, that it endangers the population of this state, and that the treatment and control of such disease is a state and local responsibility. It is further declared that the emergence of multidrug-resistant tuberculosis requires that this threat be addressed with a coherent and consistent strategy in order to protect the public health. To the end that tuberculosis may be brought better under control and multidrug-resistant tuberculosis prevented, it is further declared that the department and local public health agencies shall, within available resources, cooperatively promote control and treatment of persons suffering from tuberculosis.
C.R.S. § 25-1-503 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-503
25-1-503. State board - public health duties
Status: in_force

25-1-503. State board - public health duties. (1) In addition to all other powers and duties conferred and imposed upon the state board, the state board has the following specific powers and duties:

(a) To establish, by rule, the core public health services that each county and district public health agency must provide or arrange for the provision of said services;

(b) To establish, by rule, the minimum quality standards for public health services;

(c) To establish, by rule, the minimum qualifications for county and district public health directors and medical officers;

(d) To ensure the development and implementation of a comprehensive, statewide public health improvement plan;

(e) To review all county and district public health agency public health plans, which review shall be based on criteria established by rule by the state board and against which each county or district public health plan shall be evaluated; and

(f) To establish, by rule, for the fiscal year beginning July 1, 2009, if practicable, and for each fiscal year thereafter, a formula for allocating moneys to county or district public health agencies based on input from the state department and from county or district public health agencies.
C.R.S. § 25-7-109.1 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-109.1
25-7-109.1. Emergency rule-making
Status: in_force

25-7-109.1. Emergency rule-making. In addition to all other powers of the commission, the commission, pursuant to section 24-4-103 (6), C.R.S., shall have the authority to conduct emergency rule-making for the purpose of adopting an interim emission control regulation to apply for a specified period of time in place of an existing emission control regulation or to create an emission control regulation whenever federal regulations have been adopted and become effective pursuant to section 111 of the federal act and which add to the list of categories of stationary sources, or add new or more restrictive standards of performance for new sources, or whenever federal regulations are adopted and effective pursuant to section 112 of the federal act and which modify or adopt MACT or GACT for new or existing sources, and such regulations are required to be implemented by the states. Interim emission control regulations adopted pursuant to this section shall not be effective for a period greater than twelve months from the date of adoption.
C.R.S. § 25-7-503 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-503
25-7-503. Powers and duties of commission - rules - delegation of authority to division
Status: repealed

25-7-503. Powers and duties of commission - rules - delegation of authority to division. (1) The commission has the following powers and duties:

(a) To promulgate rules pursuant to section 24-4-103 regarding the following, as are necessary to implement the provisions of this part 5:

(I) Performance standards and practices for asbestos abatement;

(II) (A) Determination of a maximum allowable asbestos level, which shall be the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).

(B) If airborne asbestos fiber levels exceed such a level, a second test of samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.

(C) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (II), if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.

(III) Exemptions in emergency situations from the requirements of section 25-7-505 regarding the certificate to perform asbestos abatement;

(IV) Requirements for air pollution permits. Permits shall be required for asbestos abatement projects in any building, facility, or property, or any portion thereof, having public access; except that the requirements of this subsection (1)(a)(IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling that is the individual's primary residence.

(V) Fees for air pollution permits, site inspections, and any necessary monitoring for compliance with this part 5;

(VI) Fees for certification as: A trained supervisor, worker, project designer, inspector, management planner, and air monitoring specialist; and a general abatement contractor;

(VII) and (VIII) Repealed.

(IX) Assessment procedures that determine the need for response actions for friable asbestos-containing materials. Such procedures shall include, but not be limited to, an initial inspection to determine if asbestos-containing materials are present, visual inspection, and air monitoring that shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subsection (1)(a)(IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.

(X) Requirements for asbestos management plans to be submitted and implemented by schools;

(XI) Fees to be collected from schools for review and evaluation of asbestos management plans;

(b) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the following, as are necessary to implement the provisions of this part 5, as required by the federal "Clean Air Act", 42 U.S.C. sec. 7412 et seq., as amended:

(I) Determination of the minimum scope of asbestos abatement to which the provisions of this part 5 shall apply, but not less than:

(A) With regard to asbestos abatement projects on a single-family residential dwelling, fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fifty-five-gallon drum;

(B) With regard to asbestos abatement projects not subject to sub-subparagraph (A) of this subparagraph (I), two hundred sixty linear feet on pipes or one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;

(II) Requirements of notification, as consistent with the federal act, to demolish, renovate, or perform asbestos abatement in any building, facility, or property, or any portion thereof, that contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;

(III) (A) Procedures for the inspection and monitoring of sites where demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal "Asbestos Hazardous Emergency Response Act of 1986", 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in "measuring airborne asbestos following an abatement action", published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.

(B) The division shall provide information to local governments to be used in connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, facility, or property that may contain asbestos.

(IV) (A) Fees for notifications to demolish, renovate, or perform asbestos abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.

(B) Fees pursuant to this subparagraph (IV) shall be paid on an annual basis for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.

(V) Requirements to prevent any real or potential conflict of interest between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.

(c) To approve the examination administered to applicants for certification as a trained supervisor pursuant to section 25-7-506;

(d) To authorize the division to:

(I) Establish procedures regarding applications, examinations, and certifications required under this part 5;

(II) Enforce compliance with the provisions of this part 5, the rules and regulations promulgated thereunder, and any order issued pursuant thereto.

(e) To promulgate rules setting minimum standards for sampling the asbestos in the air and standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term "air sampling professional" in such standards.

(f) (I) To adopt rules pursuant to section 24-4-103, C.R.S., setting out required training for persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.

(II) Training required pursuant to this paragraph (f) shall not be unduly duplicative or excessive.

(III) Refresher courses shall be required annually.

(2) Repealed.
C.R.S. § 25-5.5-112 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-112
25-5.5-112. Weight ticket to be furnished
Status: in_force

25-5.5-112. Weight ticket to be furnished. An itemized daily weight ticket covering every shipment of milk or cream shall be furnished with each settlement to the producer or his agent.
C.R.S. § 25-5.5-111 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-111
25-5.5-111. Treated milk to be labeled
Status: in_force

25-5.5-111. Treated milk to be labeled. It is unlawful for any milk or cream to be sold or offered for sale which has been homogenized, viscolized, emulsified, or treated in any manner which will give it the appearance of containing more butterfat than it actually contains, unless it is so labeled as such.
C.R.S. § 25-7-1204 — CO Code / Title 25 / Article 7 / Part 12 / Section 25-7-1204
25-7-1204. Regulatory assurances
Status: in_force

25-7-1204. Regulatory assurances. (1) Except as provided in this section and in section 25-7-1205, the owner or operator of a stationary source or group of stationary sources who enters into a voluntary agreement pursuant to section 25-7-1203 shall be granted the regulatory assurances provided in this section. For the assurance period set forth in the voluntary agreement, not to exceed fifteen years, a stationary source or group of stationary sources subject to the voluntary agreement shall not be required to install additional pollution control equipment or implement additional pollution control strategies to reduce emissions of the air pollutant subject to the emission limitations contained in the voluntary agreement in order to comply with:

(a) State regulatory requirements that are based exclusively on state authority and that, either directly or indirectly, necessitate reductions in the air pollutant subject to the voluntary agreement; or

(b) Federal regulatory requirements that:

(I) Either directly or indirectly necessitate reductions in emissions of the air pollutant subject to the voluntary agreement;

(II) Establish generally applicable goals for the reductions of ambient concentrations of the air pollutant subject to the voluntary agreement or its chemical products; and

(III) Do not establish requirements that apply specifically to the stationary source or group of stationary sources.

(2) Notwithstanding subsection (1) of this section, the owner or operator of the stationary source or group of stationary sources may be required to comply with federal regulatory requirements if:

(a) The owner or operator has agreed in writing to abide by the requirements; or

(b) The commission promulgates the requirements in regulations that first require all other sources, including mobile sources, of the air pollutant within the affected region within Colorado to implement all available cost-effective measures to reduce emissions of the air pollutant. Such regulations, including the requirements contained therein applicable to the stationary source or group of stationary sources subject to the voluntary agreement, shall not apply to any stationary source or group of stationary sources unless and until the general assembly acts to postpone the expiration of the regulations in accordance with section 24-4-103, C.R.S.
C.R.S. § 25-15-215 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-215
25-15-215. Contracts with governmental units authorized
Status: in_force

25-15-215. Contracts with governmental units authorized. (1) Any governmental unit may contract for the operation of a hazardous waste disposal site.

(2) Any city, city and county, county, or incorporated town acting by itself or in association with any other such governmental unit may establish and operate a hazardous waste disposal site under such terms and conditions as may be approved by the governing bodies of the governmental units involved. In the event such site is not operated by the governmental unit involved, any contract to operate such a site shall be awarded on a competitive bid basis if there is more than one applicant for a contract to operate such site.

(3) Any hazardous waste disposal site established in accordance with this section shall be required to obtain a certificate of designation pursuant to this part 2.