C.R.S. § 25-20.5-801 — CO Code / Title 25 / Article 20.5 / Part 8 / Section 25-20.5-801
25-20.5-801. Community crime victims grant program - created - cash fund
Status: repealed

25-20.5-801. Community crime victims grant program - created - cash fund. (1) Subject to available appropriations, on and after July 1, 2018, the department shall develop and implement the community crime victims grant program, referred to in this part 8 as the "grant program", to provide funding to eligible entities that provide support services to crime victims, as defined in section 24-4.1-302 (5), and a victim's immediate family, as defined in section 24-4.1-302 (6), and other interventions that are intended to reduce repeat victimization. The department shall administer the grant program in accordance with policies developed by the executive director of the department pursuant to subsection (2) of this section.

(2) On or before July 1, 2018, the executive director of the department shall develop policies for the administration of the grant program, including but not limited to the following:

(a) A competitive process for the selection of a third-party grant administrator;

(b) The content and timing of status reports provided by the third-party grant administrator to the department; and

(c) Grant guidelines and eligibility criteria for applicants, including criteria that prioritize underserved crime victims, as defined in section 24-4.1-302 (5), and a victim's immediate family, as defined in section 24-4.1-302 (6), including people of color, young adults, and men.

(3) The third-party grant administrator must be selected on or before September 2, 2018, and the contract between the department and the third-party grant administrator must be finalized on or before January 1, 2019. The third-party grant administrator must:

(a) Be a nonprofit organization in good standing with the secretary of state's office;

(b) Have experience as a third-party administrator for a state, multistate, or federal grant program;

(c) Be capable of providing a unified case management, financial, and data collection system related to services and payments received under the grant program;

(d) Be capable of providing technical assistance and other organizational development to grantees to improve delivery of services, financial management, or data collection; and

(e) Have experience and competency in working in underserved communities, particularly communities of color.

(4) In awarding grants from the grant program each fiscal year, the department shall release as much as one-quarter of the amount annually appropriated to the grant program to the third-party grant administrator at the time the initial contract is executed and at the beginning of each fiscal year.

(5) On or before January 15, 2019, the third-party grant administrator shall develop the following, subject to approval by the department:

(a) A competitive request for proposal process and timeline whereby an eligible entity may apply for a grant consistent with the policies developed by the department;

(b) A process for determining the amount of each grant that is awarded; and

(c) Performance metrics and data collection to be required of grantees.

(6) The grant administrator shall make recommendations to the department on whether to award or deny a grant and shall provide written rationale each grant cycle to the department. After the review of the recommendations, the department shall award or deny a grant.

(7) Permissible uses of grant money provided pursuant to the grant program include direct services to crime victims, as defined in section 24-4.1-302 (5), and a victim's immediate family, as defined in section 24-4.1-302 (6), restorative justice, and other interventions intended to reduce repeat victimization.

(8) (a) To be eligible to receive a grant from the grant program, an entity must be:

(I) A nonprofit organization in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office;

(II) A school;

(III) A tribal agency or program; or

(IV) A professional who is regulated by the department of regulatory agencies.

(b) A grantee may not decline to serve a victim based upon:

(I) Whether the victim reported the crime to law enforcement or cooperated in any prosecution;

(II) The length of time that has elapsed since the victimization; or

(III) The location of the victimization.

(c) A grant applicant shall demonstrate that it has or will have a screening tool or screening process in place so that a credible determination can be made that the person seeking services has been a victim of crime, as defined in section 24-4.1-302 (5).

(9) (a) The community crime victims grant program cash fund, referred to in this subsection (9) as the "fund", is created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund. The fund is exempt from section 24-75-402.

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

(c) Money in the fund is annually appropriated to the department for the grant program developed pursuant to this section.

(c.5) Any money appropriated to the department that is not expended prior to July 1, 2023, is further appropriated to the department for the 2023-24 state fiscal year for the same purpose.

(c.7) The state treasurer shall transfer four million dollars from the general fund to the fund on March 1, 2024.

(d) Repealed.

(e) The state treasurer shall transfer all unexpended and unencumbered money in the fund on September 1, 2029, to the general fund.

(10) Repealed.
C.R.S. § 25-20.5-1203 — CO Code / Title 25 / Article 20.5 / Part 12 / Section 25-20.5-1203
25-20.5-1203. Gun violence prevention awareness and education - violence intervention grant pr
Status: in_force

25-20.5-1203. Gun violence prevention awareness and education - violence intervention grant program - rules. (1) The office shall increase the awareness of, and educate the general public about, state and federal laws and existing resources relating to gun violence prevention, including the following:

(a) The availability of, and the process for requesting, an extreme risk protection order pursuant to article 14.5 of title 13;

(b) The availability of, and the process for requesting, a protection order pursuant to article 14 of title 13;

(c) How to report a lost or stolen firearm, including reporting requirements in state law;

(d) Best practices for safe storage of firearms, including safe storage requirements described in section 18-12-114;

(e) Accessing available mental health and substance use resources and how to refer people to needed mental health and substance use treatment services, including suicide prevention; and

(f) Safe and responsible gun ownership, including increasing awareness of compliance with state and federal law.

(2) (a) To promote awareness and education as described in subsection (1) of this section, the office shall:

(I) Conduct awareness campaigns directed toward gun owners, parents and legal guardians of children, and professions that provide services to people and communities disproportionately affected by gun violence; and

(II) Develop and provide materials and training resources to local law enforcement agencies, health-care providers, and educators to assist those agencies, providers, and educators with educating the public about the laws and resources described in subsection (1) of this section and other effective gun violence prevention strategies.

(b) The office may focus public awareness campaigns in communities identified by the office as disproportionately affected by gun violence.

(c) The office shall conduct awareness and education campaigns in a culturally competent way, including by providing materials and resources in multiple languages.

(d) The office may use television messaging, radio broadcasts, print media, digital strategies, or any other form of messaging deemed effective and appropriate by the office to achieve the goals of this section.

(3) At the request of the executive director of the department, the office shall support and provide assistance for other education campaigns and programs conducted by the department that are related to gun violence, including education and programs relating to firearms safe storage and suicide prevention.

(4) (a) Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation by providing culturally competent intervention services.

(b) To be eligible for a grant award, an organization must demonstrate the ability to conduct effective community-based gun violence intervention initiatives that meet the criteria described in this section. The office shall prioritize awarding grants to organizations that conduct gun violence intervention initiatives with individuals and in communities identified as having the highest risk of perpetrating or being victimized by gun violence in the near future.

(c) An initiative conducted with a grant award must use strategies that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration, such as hospital-based violence intervention programs, group violence interventions, evidence-based street outreach programs, violence interruption and crisis management programs, and individualized wraparound services. To improve the effectiveness of a gun violence intervention initiative, a grant recipient shall conduct regular evaluations of each initiative, including facilitating community input and engagement.

(d) The department may promulgate rules necessary for the administration of the grant program, including grant application procedures, criteria for determining the amount and duration of the grants, and reporting requirements for organizations that receive grants.

(e) In administering the grant program, the office shall collaborate with stakeholders as needed to ensure equity in the distribution of grants. The office shall consult with stakeholders to develop grant priorities, set criteria for determining the amount and duration of grants, select grantees, and determine reporting requirements. Stakeholders must include individuals and families impacted by gun violence; organizations with expertise in gun violence prevention and gun safety, including gun dealers, shooting ranges, and firearms safety instructors; and communities of color.
C.R.S. § 25-15-218 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-218
25-15-218. State hazardous waste siting council - composition
Status: repealed

25-15-218. State hazardous waste siting council - composition. (Repealed)
C.R.S. § 25-3-403 — CO Code / Title 25 / Article 3 / Part 4 / Section 25-3-403
25-3-403. Department to administer federal mental health construction funds
Status: in_force

25-3-403. Department to administer federal mental health construction funds. The department of public health and environment is designated as the sole agency for carrying out the purposes of Part C of Title I and Title II of the federal "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963", Public Law 88-164 of the 88th congress of the United States, approved October 31, 1963, or any amendments thereto, and is authorized to administer a state plan for carrying out its provisions and to accept, on behalf of the state, all funds allotted to the state under the provisions of the federal act. The state mental health authority shall formulate the state plan. In carrying out the purposes of the federal act, the department of public health and environment is authorized to make such reports as may be required by the federal act, to do all things that may be required as a condition precedent to the proper application for the receipt of federal grants under the federal act, and to administer and supervise the expenditure of such grants in consultation with the mental health authority of the state of Colorado.
C.R.S. § 25-5.5-101 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-101
25-5.5-101. Definitions
Status: in_force

25-5.5-101. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Cheese" means the fresh or matured product obtained by the draining, after coagulation, of milk, cream, skimmed or partly skimmed milk, or a combination of some or all of these products, including any cheese that conforms to the provisions of the definitions and standards of identity for cheese and cheese products, a regulation of the food and drug administration, 21 CFR 133.3.

(2) "Cream" means the liquid milk product which is high in fat and separated from milk and which may have been adjusted by adding milk, concentrated milk, dry whole milk, or nonfat dry milk and which contains not less than eighteen percent milk fat.

(3) "Dairy farm" means the place or premises on which one or more lactating hooved animals are kept and from which a part or all of the milk produced thereon is delivered, sold, or offered for sale to a dairy plant for manufacturing purposes.

(4) (a) "Dairy plant" means any place, premises, or establishment where milk or dairy products are received or handled for processing or manufacturing and where they are prepared for distribution.

(b) For the purposes of this subsection (4), "dairy plant", when used in connection with the requirements therefor or the licensing thereof, means any establishment that manufactures dairy products; except that any "dairy plant" that is located in an establishment licensed pursuant to part 16 of article 4 of this title is exempt from the licensing requirements of this article if such establishment sells or serves dairy products exclusively and directly to the final consumer of the product.

(5) "Dairy products" means food products manufactured from milk or cream or from any combination of milk and cream with other food ingredients intended for human consumption, including, but not limited to, butter, natural or processed cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated whole milk or skim milk, condensed whole milk, condensed skim milk, or ice cream or other frozen desserts specified in part 3 of this article. "Dairy products" does not include milk or milk products as defined in the grade A pasteurized milk ordinance, 1978 recommendations of the United States public health service, food and drug administration, superintendent of documents number HE 20.4002:M59-3.

(6) "Department" means the department of public health and environment or its authorized representative.

(7) "Goat milk" means the lacteal secretion, practically free from colostrum, which is obtained by the complete milking of healthy goats.

(8) "HTST method" means the high temperature short-time method of pasteurization.

(9) "Manufacturing milk" means milk produced for processing and manufacturing into dairy products for human consumption but not subject to grade A or comparable requirements.

(10) "Milk" means the lacteal secretion, practically free from colostrum, which is obtained by the complete milking of healthy cows, excluding that milk obtained less than eight days before and less than four days after calving or for such longer period as may be necessary to render the milk practically colostrum free, and which contains not less than eight and one-quarter percent nonfat milk solids and not less than three percent milk fat; except that, in those instances where the normal secretion of the cows is less than three percent milk fat, this product shall be accepted as milk for manufacturing purposes.

(11) "Milk sampler" means a person licensed by the department who is qualified and trained to sample or test milk or cream for the purpose of payment and includes a bulk milk hauler that collects milk from dairy farms.

(12) "Official methods" means official methods of analysis of the association of official analytical chemists, 13th edition, 1980, a publication of the association of official analytical chemists, as amended, supplemented, or republished.

(13) "Pasteurization" means the process of heating every particle of milk or milk product in properly designed and operated equipment to one of the temperatures provided in the following table and held continuously at or above that temperature for at least the corresponding specified time.

Temperature Time

*145 degrees F ( 63 degrees C) 30 minutes

*161 degrees F ( 72 degrees C) 15 seconds

191 degrees F ( 89 degrees C) 1 second

194 degrees F ( 90 degrees C) 0.5 second

201 degrees F ( 94 degrees C) 0.1 second

204 degrees F ( 96 degrees C) 0.05 second

212 degrees F (100 degrees C) 0.01 second

*If the fat content of the milk product is ten percent or more or if it contains added sweeteners, the specified temperature shall be increased by five degrees Fahrenheit (three degrees Celsius).

(14) "Pasteurized" means treated pursuant to the pasteurization process specified in subsection (13) of this section.

(15) "Person" means any individual, firm, association, corporation, or partnership doing business in this state, in whole or in part, and any officer, agent, servant, and employee thereof.

(16) "Producer" means the person who exercises control over the production of the milk delivered to a processing plant or receiving station and who receives payment for this product.

(17) To "sanitize" means to treat a clean surface with any effective method or substance acceptable to the department for the destruction of pathogens and other organisms as far as is practical without adversely affecting the equipment, the milk or milk product, or the health of consumers.

(18) "Standard methods" means the standard methods for the examination of dairy products, 13th edition, 1972, a publication of the American public health association, as amended, supplemented, or republished.

(19) "Test" means the process of determining the milkfat content of milk and milk products for the purpose of buying or selling milk or milk products. All tests shall be conducted and samples shall be collected in accordance with the standard methods specified in subsection (18) of this section or any other method approved by the department.

(20) "Transfer or receiving station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another or where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. The term "transfer or receiving station" shall not include a dairy farm.
C.R.S. § 25-16-306 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-306
25-16-306. Approval of voluntary clean-up plan - time limits - contents of notice - conditi
Status: in_force

25-16-306. Approval of voluntary clean-up plan - time limits - contents of notice - conditions under which approval is void - expiration of approval. (1) (a) The department shall provide formal written notification that a voluntary clean-up plan has been approved or disapproved within no more than forty-five days after a request by a property owner, unless the property owner and the department agree to an extension of the review to a date certain. Such review shall be limited to a review of the materials submitted by the applicant and documents or information readily available to the department. If the department fails to act on an application within the time limits specified in this subsection (1), the voluntary clean-up plan shall be deemed approved. If the department has received eight applications for review of voluntary clean-up plans or no action petitions in a calendar month, the department may notify any additional applicants in that month that their plan or petition will be considered the following month, and the forty-five day period for department review shall begin on the first day of the month following receipt of the plan or petition.

(b) The department shall approve a voluntary clean-up plan if, based on the information submitted by the property owner, the department concludes that the plan will:

(I) Attain a degree of clean-up and control of hazardous substances or petroleum products, or both, that complies with all promulgated applicable state requirements, regulations, criteria, or standards;

(II) For constituents not governed by subparagraph (I) of this paragraph (b), reduce concentrations such that the property does not present an unacceptable risk to human health or the environment based upon the property's current use and any future uses proposed by the property owner.

(c) In the event that a voluntary clean-up plan is not approved by the department, the department shall promptly provide the property owner with a written statement of the reasons for such denial. If the department disapproves a voluntary clean-up plan based upon the applicant's failure to submit the information required by section 25-16-304, the department shall notify the applicant of the specific information omitted by the applicant.

(d) The approval of a voluntary clean-up plan by the department applies only to conditions on the property and state standards that exist as of the time of submission of the application.

(2) Written notification by the department that a voluntary clean-up plan is approved shall contain the basis for the determination and the following statement:

Based upon the information provided by [insert name(s) of property owner(s)] concerning property located at [insert address], it is the opinion of the Colorado Department of Public Health and Environment that upon completion of the voluntary clean-up plan no further action is required to assure that this property, when used for the purposes identified in the voluntary clean-up plan, is protective of existing and proposed uses and does not pose an unacceptable risk to human health or the environment at the site.

(3) (a) Failure of a property owner to materially comply with the voluntary clean-up plan approved by the department pursuant to this section shall render the approval void.

(b) Submission of materially misleading information by the applicant in the context of the voluntary clean-up plan shall render the department approval void.

(4) (a) If a voluntary clean-up plan is not initiated within twelve months and completed within twenty-four months after approval by the department, such approval shall lapse; except that the department may grant an extension of the time limit for completion of the voluntary clean-up plan.

(b) A property owner desiring to implement a voluntary clean-up plan after the time limits permitted in paragraph (a) of this subsection (4) shall submit a written petition for reapplication accompanied by written certification of a qualified environmental professional that the conditions on the subject real property are substantially similar to those that existed at the time of the original approval.

(c) Reapplications pursuant to paragraph (b) of this subsection (4) shall be subject to limited review by the department, which shall complete such review within thirty days of receipt of a petition for reapplication; except that any reapplication that involves real property, the condition of which has substantially changed since approval of the original voluntary clean-up plan, shall be treated as a new application and shall be subject to all the requirements of this part 3.

(5) (a) Within forty-five days after the completion of the voluntary clean-up described in the voluntary clean-up plan approved by the department, the property owner shall provide to the department a certification from a qualified environmental professional that the plan has been fully implemented.

(b) If the owner is applying for the tax credit provided in section 39-22-526 (1), C.R.S., or to transfer a transferable expense amount pursuant to section 39-22-526 (2), C.R.S., the owner shall submit to the department the certification along with an application pursuant to section 25-16-303. The certification shall, in addition to certifying that the plan has been fully implemented, disclose the costs of implementation and include supporting documentation of those costs. The department shall then certify the accuracy of the costs and issue the property owner a certificate stating that the clean-up has occurred and the costs of such clean-up. The property owner may submit this certificate to the department of revenue to claim a tax credit or transfer a transferable expense amount under section 39-22-526, C.R.S.
C.R.S. § 25-20.5-2303 — CO Code / Title 25 / Article 20.5 / Part 23 / Section 25-20.5-2303
25-20.5-2303. Composition of overdose fatality review teams - required members - additional me
Status: in_force

25-20.5-2303. Composition of overdose fatality review teams - required members - additional members - responsibilities of the chair. (1) Each local team must consist of at least five of the following individuals, organizations, agencies, and areas of expertise, if available; except that there shall not be more than one representative from law enforcement:

(a) The county or district health officer, or the officer's designee;

(b) The director of the local department of human services, or the director's designee;

(c) The local district attorney, or the district attorney's designee;

(d) The director of behavioral health services in the county, or the director's designee;

(e) A state, county, or municipal law enforcement officer;

(f) A representative of a local jail or detention center;

(g) The local medical examiner or coroner, or their designee;

(h) A health-care provider who specializes in the prevention, diagnosis, and treatment of substance use disorders;

(i) A mental health provider who specializes in substance use disorders;

(j) A representative of an emergency medical services provider in the county;

(k) A representative from parole, probation, and community corrections;

(l) A representative from a harm reduction provider;

(m) A representative with lived or living experience; and

(n) A recovery coach, peer support worker, or other representative of the recovery community.

(2) A local team may include the following additional individuals, organizations, agencies, and areas of expertise, if available, as either permanent or auxiliary members:

(a) The local superintendent of schools, or the superintendent's designee;

(b) A representative of a local hospital;

(c) A health-care provider who specializes in emergency medicine;

(d) A health-care provider who specializes in pain management;

(e) A pharmacist with a background in prescription drug misuse and diversion;

(f) A substance use disorder treatment provider from a licensed substance use disorder treatment program;

(g) A poison control center representative;

(h) A mental health provider who is a generalist;

(i) A prescription drug monitoring program administrator;

(j) A representative from a local drug court; and

(k) Any other individual necessary for the work of the local team, recommended by the local team and appointed by the chair.

(3) (a) (I) The chair of the local team must be the county or district public health director. If the county or district public health director is unable to participate, the director may designate a person employed by the county or district health agency that houses the local team to serve as the chair of the local team.

(II) If a local team is a multicounty or multidistrict team, the members of the team may vote to appoint one of the county or district public health directors to serve as chair, or appoint the director's designee, or the county or district public health directors or designees may serve as co-chairs.

(b) The chair of the local team is responsible for the following:

(I) Soliciting and recruiting the necessary and appropriate members to serve on the local team pursuant to subsections (1) and (2) of this section;

(II) Facilitating each local team meeting and implementing the protocols and procedures of the local team;

(III) Ensuring that all members of the local team and all guest observers sign confidentiality forms;

(IV) Requesting and collecting the information needed for the local team's case review;

(V) Filling vacancies on the local team when a member is no longer able to fulfill the member's duties and obligations to the local team. When a member leaves, the member should be replaced with an individual from the same or equivalent position or discipline.

(VI) Serving as a liaison for the local team when necessary.
C.R.S. § 25-42-104 — CO Code / Title 25 / Article 42 / Section 25-42-104
25-42-104. Use of revenues derived from sales tax
Status: in_force

25-42-104. Use of revenues derived from sales tax. The revenues derived by a unit of government hospital care provider from the levy and collection of the sales tax authorized by this article shall be in addition to and shall not be used to replace any state funding that the unit of government hospital care provider or any other state or local government entity would otherwise be entitled to receive from the state. The unit of government hospital care provider may use said revenues for any purpose permitted by law or by the terms of its organizational documents.
C.R.S. § 25-7-1406 — CO Code / Title 25 / Article 7 / Part 14 / Section 25-7-1406
25-7-1406. Repeal of part
Status: repealed

25-7-1406. Repeal of part. This part 14 is repealed, effective September 1, 2034.
C.R.S. § 25-1-133.5 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-133.5
25-1-133.5. Office of environmental justice - created - powers and duties - definitions
Status: in_force

25-1-133.5. Office of environmental justice - created - powers and duties - definitions. (1) (a) There is created in the department the office of environmental justice, the head of which is the director of the office, who shall be appointed by the executive director of the department and may employ staff as necessary to carry out the powers and duties of the office. The office 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.

(b) In carrying out its powers and duties, the office may collaborate with the environmental justice ombudsperson appointed pursuant to section 25-1-134 (1)(b), the environmental justice advisory board created in section 25-1-134 (2)(a), disproportionately impacted communities, local governments, other state agencies, the federal government, and other interested parties.

(2) The office shall:

(a) Increase state government engagement with and responsiveness to disproportionately impacted communities;

(b) Develop and manage the department's environmental justice goals, metrics, and objectives;

(c) Work with the environmental divisions within the department, the environmental justice ombudsperson, and the environmental justice advisory board to implement statutory environmental justice mandates, including benchmarks and targets set forth in the "Environmental Justice Act", as enacted in 2021 by House Bill 21-1266;

(d) Work with the division of administration to implement part 10 of article 8 of this title 25 concerning mobile home water quality by leading community engagement efforts with mobile home park residents;

(e) Coordinate environmental justice work within the department and with other state agencies as well as federal, local, and tribal government partners;

(f) Advance the department's language justice goals by providing translation and interpretation services for the department's environmental divisions; and

(g) Identify disproportionately impacted communities based on the best-available data and spatial analysis technology, including the Colorado EnviroScreen tool.

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

(a) "Colorado EnviroScreen tool" has the meaning set forth in section 24-4-109 (5)(a)(II).

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

(c) "Office" means the office of environmental justice created in subsection (1)(a) of this section.
C.R.S. § 25-5-303 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-303
25-5-303. Restrictions
Status: in_force

25-5-303. Restrictions. No person shall sell or distribute any bedding or bedding materials which are not clean or which may be deemed injurious to the public's health.
C.R.S. § 25-7-112 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-112
25-7-112. Air pollution emergencies endangering public health anywhere in this state
Status: in_force

25-7-112. Air pollution emergencies endangering public health anywhere in this state. (1) Whenever the division determines, after an investigation initiated either independently by the division or upon the request of an affected member of the public living or working in the vicinity of a suspected discharge, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activity or discharge constitutes a clear, present, and immediate danger to the environment or to the health of the public, or that any such activity or discharge of air pollutants, if permitted to continue unabated, will result in a condition of clear, present, and immediate danger to the health of the public, the division shall:

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

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

(c) Both issue such a cease-and-desist order and apply for any such restraining order or injunction.

(1.5) (a) If, upon the request of a member of the public as described in subsection (1) of this section, the division chooses to investigate a suspected discharge, the division shall report the result of its investigation to the person who made the request and shall make such result public no later than sixty days after the completion of the investigation. If the person who made the request is dissatisfied with the result of the investigation, or if no investigation was made, such person may complain to the commission by petition.

(b) Upon receipt of a petition filed under paragraph (a) of this subsection (1.5), the commission shall promptly give notice of receipt of the petition to the owner or operator of the source of the alleged discharge, and, after considering the petition, the response, if any, of such owner or operator, and the response of the division, the commission shall respond to the petition within forty-five days after receipt by:

(I) Ordering the division to proceed with a new or further investigation under this section or section 25-7-113; or

(II) Denying the petition and stating the reasons for denial, which may include, but are not limited to, the lack of a substantial factual basis, the allegation of facts substantially similar to those at issue in a previous or currently pending investigation, or a finding that the petition was interposed for purposes of harassment or delay; or

(III) Providing an opportunity to submit additional factual information in support of, or in response to, the petition. The commission may require any new information to be submitted in writing, or it may convene an informal hearing as soon as is practicable.

(c) A hearing held pursuant to subparagraph (III) of paragraph (b) of this subsection (1.5) shall be subject to the following procedural requirements:

(I) The hearing shall be conducted as an informal hearing, and, in particular, no sworn testimony shall be taken except as the commission deems necessary to clarify the factual basis of the petition;

(II) Parties may represent themselves or be represented by agents who need not be attorneys;

(III) Notice of such hearing shall be given at least twenty days prior to the hearing;

(IV) The purpose of the hearing shall be to enable the commission to decide whether to order an investigation as provided in subparagraph (I) of paragraph (b) of this subsection (1.5); and

(V) To preserve the commission's role as an appellate body, the hearing shall not be used as a forum for determining the merits of the petition.

(2) (a) Whenever the division determines, after investigation, that the condition of the ambient air in any portion of this state constitutes a clear, present, and immediate danger to the environment or to the health of the public, or that any activity or discharge of air pollutants, if permitted to continue unabated, will result in a condition of clear, present, and immediate danger to the health of the public, and that the procedures available to the division under subsection (1) of this section will not adequately protect the public, it shall immediately notify the governor of its determination of either of such conditions, and it shall request the governor to declare a state of air pollution emergency in such portion of this state.

(b) Upon such notification and request by the division, the governor is empowered to declare a state of air pollution emergency in such portion of the state and to take any and all actions necessary to protect the health of the public in such portion of the state, including, but not limited to:

(I) Ordering a halt or curtailment of the movement of all motor vehicles except emergency vehicles; and

(II) Ordering a halt or curtailment of all operations, activities, processes, or conditions which he reasonably believes to be contributing to such emergency.

(c) From time to time, whenever appropriate, the governor, in cooperation with his department heads, shall develop or modify such plans as will be necessary or appropriate to control and abate the air pollution conditions most likely to require the exercise of the powers granted in paragraph (b) of this subsection (2).
C.R.S. § 25-8-608.7 — CO Code / Title 25 / Article 8 / Part 6 / Section 25-8-608.7
25-8-608.7. Natural disaster grant fund - creation - rules
Status: repealed

25-8-608.7. Natural disaster grant fund - creation - rules. (1) The natural disaster grant fund is hereby created in the state treasury. Moneys in the fund, including interest earned on the investment of moneys in the fund, are continuously appropriated to the department of public health and environment for the purpose specified in subsection (2) of this section.

(2) (a) The division shall expend moneys in the fund to award grants to local governments, including local governments accepting grants on behalf of and in coordination with not-for-profit public water systems, for the planning, design, construction, improvement, renovation, or reconstruction of domestic wastewater treatment works or public drinking water systems that have been impacted, damaged, or destroyed in connection with a natural disaster, as defined in section 24-33.5-703 (3), C.R.S. The division may also award grants to local governments to assist with the repair and restoration of on-site wastewater treatment systems, as defined in section 25-10-103 (12), that have been impacted, damaged, or destroyed in connection with a natural disaster. The division may only award grants to be used in counties for which the governor has declared a disaster emergency by executive order or proclamation under section 24-33.5-704, C.R.S.

(b) Grant recipients may use the grant moneys to provide a portion of any matching funds required to secure federal or state funding for the planning, design, construction, improvement, renovation, or reconstruction of drinking water and wastewater infrastructure.

(c) For the 2014-15 fiscal year and, as needed, the 2015-16 fiscal year, the division shall award grants to local governments that are eligible under paragraph (a) of this subsection (2) and have domestic wastewater treatment works, public drinking water systems, or on-site wastewater treatment systems that have been impacted, damaged, or destroyed in connection with the flood of September 2013 to restore the facilities' compliance with this article or the Colorado primary drinking water regulations.

(d) The division may retain up to one hundred thousand dollars per fiscal year of the moneys in the fund to cover the cost of administering projects or grants under this section.

(e) Repealed.

(3) The commission shall promulgate rules in accordance with article 4 of title 24, C.R.S., as necessary to administer this section, including rules defining who is eligible to apply for grants and the criteria to be used in awarding grants. The criteria must give priority to applicants that have the lowest financial ability to pay for the necessary construction, improvements, renovation, or reconstruction.
C.R.S. § 25-5.5-302 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-302
25-5.5-302. Definitions
Status: in_force

25-5.5-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Confectionery" means candy, cakes, cookies, and glazed fruit.

(2) "Department" means the department of public health and environment or its authorized representative.

(3) "Mix" means the pasteurized unfrozen combination of all ingredients of a frozen dairy dessert with or without fruits, fruit juices, chocolate, cocoa, confectionery, nut meats, flavor, or harmless color.
C.R.S. § 25-32-105 — CO Code / Title 25 / Article 32 / Section 25-32-105
25-32-105. Department - poison control services - duties - contract
Status: in_force

25-32-105. Department - poison control services - duties - contract. (1) The department has the following powers and duties with respect to the provision of poison control services on a statewide basis and for the dissemination of information as provided in this article 32:

(a) To solicit, receive, and review contract bids for the provision of poison control services and the dissemination of poison control information by means of a toll-free telephone network;

(b) (I) To contract with private, nonprofit, or public entities for the continuing provision of statewide poison control services and the continuing dissemination of poison control information to the citizens of the state by means of a toll-free telephone network, the provision of which services initially commenced on July 1, 1995. The department shall review the contract at least once each year and shall solicit and receive bids on the provision of poison control services no less than once every five years. This paragraph (b) shall apply to contract years commencing July 1, 1995, and thereafter.

(II) On or after January 1, 2016, to contract with private, nonprofit, or public entities for the continuing provision of statewide poison control services and the continuing dissemination of poison control information to the citizens of the state by means other than a toll-free telephone network, such as text messaging, instant messaging, and e-mail. The entity or entities shall coordinate these services with the toll-free telephone network described in subsection (1)(b)(I) of this section. The general assembly shall appropriate at least one million dollars for the fiscal year 2015-16 to the department for it to contract with an entity to build the infrastructure necessary for the services identified in this subsection (1)(b)(II), and any unexpended and unencumbered money from the appropriation remains available for expenditure by the department in the next fiscal year without further appropriation. In addition, the general assembly may annually appropriate money from the marijuana tax cash fund created in section 39-28.8-501 to the department for the services identified in this subsection (1)(b)(II).

(c) To provide, by contract and for adequate reimbursement, poison control services and the dissemination of poison control information to the citizens of other states by this state;

(d) To contract with an auditor for a performance or financial audit at the discretion of the department. A copy of such audit, when performed, shall be sent to the joint budget committee.

(2) 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 transferred to the department of public health and environment, such reference or designation shall be deemed to apply to the department of public health and environment. All contracts entered into by the department of health care policy and financing prior to July 1, 2002, in connection with the duties and functions transferred to the department of public health and environment, are hereby validated, with the department of public health and environment succeeding to all the rights and obligations of such contracts. Any appropriation of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the department of public health and environment for the payment of such obligations.
C.R.S. § 25-2-107.5 — CO Code / Title 25 / Article 2 / Section 25-2-107.5
25-2-107.5. Reports of dissolution of civil unions, legal separation of civil unions, or dec
Status: in_force

25-2-107.5. Reports of dissolution of civil unions, legal separation of civil unions, or declarations of invalidity of civil unions - fee. (1) The clerk of each court shall prepare a report containing such information and using such form as may be prescribed and furnished by the state registrar with respect to every decree entered by the court for the dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union, and every decree amending or nullifying such a decree. On or before the tenth day of each month, or more frequently if so requested by the state registrar, the clerk shall forward to the state registrar the reports for all such decrees entered during the preceding period.

(2) In order to defray the costs of maintenance of vital statistics records, the clerk of the court shall assess a fee of three dollars upon each action filed for a dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union that is filed in the office of each clerk of a court of record in this state on or after May 1, 2013. The clerk shall keep any fees so collected in a separate fund, and each month the clerk shall transmit those fees collected to the state treasurer, who shall credit the same to the vital statistics records cash fund created in section 25-2-121.
C.R.S. § 25-17-406 — CO Code / Title 25 / Article 17 / Part 4 / Section 25-17-406
25-17-406. Retail sales - requirements - paint stewardship assessment added to purchase pri
Status: in_force

25-17-406. Retail sales - requirements - paint stewardship assessment added to purchase price - customer information. (1) The executive director, upon the executive director's own motion, may, and, upon a person's written complaint, shall, investigate a producer to determine whether, on the date that the producer's architectural paint was sold at retail, the producer or the producer's brand was listed on the department's website as part of an approved paint stewardship program. If the executive director determines that the producer's architectural paint was sold in violation of this part 4, the executive director may order the producer to cease and desist from distributing the architectural paint until the producer is in compliance with this part 4.

(2) For each container of architectural paint sold in Colorado, a retailer shall add the amount of the producer's paint stewardship assessment, established under section 25-17-404 (2)(j), to the purchase price of the container of architectural paint.

(3) A retailer selling architectural paint or offering architectural paint for sale shall, at the time of sale of any of a producer's architectural paint, provide customers with information about the producer's paint stewardship program, as provided by the producer pursuant to section 25-17-405 (4). If a retailer fails to disseminate information about the producer's paint stewardship program pursuant to this subsection (3), but the retailer can demonstrate to the satisfaction of the executive director that the producer failed to provide the requisite education and outreach program information to the retailer, the retailer is neither liable nor prohibited from selling the producer's architectural paint.
C.R.S. § 25-7-122 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-122
25-7-122. Civil penalties - rules - definitions
Status: repealed

25-7-122. Civil penalties - rules - definitions. (1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions:

(a) (Deleted by amendment, L. 92, p. 1220, § 23, effective July 1, 1992.)

(b) Any person who violates any requirement or prohibition of a final order of the division or commission, an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration under part 2 of this article 7, any provision related to attainment under part 3 of this article 7, or any provision of or commission rule adopted pursuant to section 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141, 25-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation; except that:

(I) On or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index; and

(II) Civil penalties shall not be assessed or collected against persons who violate emission regulations promulgated by the commission for the control of odor until a compliance order issued pursuant to section 25-7-115 and ordering compliance with the odor regulation has been violated.

(c) Any person failing to comply with the provisions of section 25-7-114.1 shall be subject to a civil penalty of not more than one thousand dollars per day per violation.

(d) Any person who violates any requirement, prohibition, or order respecting an operating permit issued pursuant to section 25-7-114.3, including failure to obtain such a permit, to operate in compliance with any term or condition of the permit, or to pay the permit fee required under section 25-7-114.7 (2), or who commits a violation of section 25-7-109.6 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each violation; except that, on or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.

(e) Any person who violates any provision of section 25-7-139 shall be subject to a civil penalty of not more than one thousand dollars.

(f) Any person who owns or operates storage tanks at a gasoline dispensing facility, as defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain a vapor collection system pursuant to air quality control regulations shall be subject to a civil penalty of not more than fifteen thousand dollars per day for each day of such a violation.

(g) Any person who owns or operates a gasoline dispensing facility, as defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain records required pursuant to air quality control commission regulations and the air pollution control division shall be subject to a civil penalty of not more than five thousand dollars. For a second violation, the civil penalty shall be not more than ten thousand dollars. For a third or subsequent violation, the civil penalty shall be not more than fifteen thousand dollars.

(h) The division, in consultation with stakeholders from gasoline dispensing facilities and gasoline transport truck companies, as defined by regulations promulgated by the air quality control commission, shall develop design, operation, and maintenance guidelines by June 30, 2021. The guidelines will assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations.

(i) (I) On and after January 1, 2024, and except as provided in subsection (1)(i)(II) of this section, an owner of a covered building that violates section 25-7-142 (3) or (6) is subject to a civil penalty of up to five hundred dollars for a first violation and up to two thousand dollars for each subsequent violation. As part of the requirement that the commission adopt rules to establish performance standards pursuant to section 25-7-142 (8)(c), the commission shall establish by rule, with regard to a violation of the performance standards, civil penalties in an amount not to exceed two thousand dollars for a first violation and five thousand dollars for a subsequent violation.

(II) The division shall not assess a civil penalty for a violation related to a public building.

(III) Notwithstanding section 25-7-129, the division shall transmit civil penalties collected pursuant to this subsection (1)(i) to the state treasurer, who shall credit them to the climate change mitigation and adaptation fund created in section 24-38.5-102.6.

(IV) As used in this subsection (1)(i):

(A) "Covered building" has the meaning set forth in section 25-7-142 (2)(j).

(B) "Owner" has the meaning set forth in section 25-7-142 (2)(r).

(j) (I) A person who violates section 25-7-144 is subject to a civil penalty in the following amount:

(A) For each motor vehicle for which the violation was committed, a person who owns or operates ten or more motor vehicles as part of the person's business or commercial activities is subject to a penalty of up to one thousand dollars for a first violation, up to seven thousand five hundred dollars for a second violation, and up to fifteen thousand dollars for a third or subsequent violation; or

(B) For each motor vehicle for which the violation was committed, a person who owns or operates nine or fewer motor vehicles is subject to a penalty of up to two hundred dollars for the first violation, up to five hundred dollars for the second violation, and up to one thousand two hundred dollars for a third or subsequent violation.

(II) Notwithstanding subsection (1)(j)(I)(B) of this section, a person who violates section 25-7-144 by tampering with, or assisting another person in tampering with, an emission control system for profit is subject to a penalty under subsection (1)(j)(I)(A) of this section regardless of the number of motor vehicles owned or operated.

(III) Notwithstanding section 25-7-129, the division shall transmit civil penalties collected pursuant to this subsection (1)(j) to the state treasurer, who shall credit the money:

(A) On or before June 30, 2025, to the catalytic converter identification and theft prevention grant program cash fund created in section 24-33.5-230 (5.5). The Colorado state patrol shall use the money credited to the fund to implement the catalytic converter identification and theft prevention grant program created in section 24-33.5-230 (1).

(B) On or after July 1, 2025, to the AIR account in the highway users tax fund, which account is created in section 42-3-304 (18)(a).

(2) (a) In determining the amount of any civil penalty, the division shall consider the following factors:

(I) The violator's compliance history, including the compliance history of the violator's corporate affiliates, subsidiaries, and parent organizations;

(II) Lack of good faith efforts on behalf of the violator to comply;

(III) Whether the violator previously committed the same or a similar violation, regardless of whether the division or commission commenced an enforcement action pursuant to section 25-7-115 for any such violation;

(IV) Duration of the violation;

(V) Economic benefit of noncompliance to the violator;

(VI) Impact on, or threat to, the public health or welfare or the environment as a result of the violation;

(VII) Malfeasance;

(VIII) Whether legal and factual theories were advanced for purposes of delay;

(IX) The severity of the violation or noncompliance; and

(X) Whether the violation occurred within or impacted a disproportionately impacted community.

(b) In addition to the factors set forth in subsection (2)(a) of this section, the division shall consider the following circumstances as grounds for reducing or eliminating civil penalties:

(I) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery of the noncompliance;

(II) Full and prompt cooperation by the violator following disclosure of the violation including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts;

(III) The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program;

(IV) Substantial economic impact of a penalty on the violator; and

(V) Repealed.

(VI) Other mitigating factors.

(c) The imposition of civil penalties may be deferred or suspended where appropriate based on consideration of the factors set forth in this subsection (2).

(3) Repealed.
C.R.S. § 25-29-123 — CO Code / Title 25 / Article 29 / Section 25-29-123
25-29-123. This article not a limitation of powers
Status: in_force

25-29-123. This article not a limitation of powers. Nothing in this article shall be construed as a restriction or limitation upon any other powers which the authority might otherwise have under any other law of this state, and this article is cumulative to any such powers. This article does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes, and other obligations and refunding bonds under the provisions of this article need not comply with the requirements of any other state law applicable to the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval shall be required for the issuance of any bonds, notes, or other obligations or any instrument as security therefor, except as is provided in this article.
C.R.S. § 25-15-326 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-326
25-15-326. Validation
Status: in_force

25-15-326. Validation. (1) Any document recorded by the owner of real property that restricts or requires certain uses or activities relating to such real property, including any restrictions on drilling for or pumping groundwater, to protect human health or the environment by limiting exposure to hazardous substances or by ensuring the integrity of a response action, shall be considered valid and enforceable by its terms, regardless of whether such document is denominated an easement, covenant, deed restriction, or some other instrument.

(2) The provisions of subsection (1) of this section shall apply only to:

(a) Documents that were required as part of an environmental remediation decision that was rendered prior to July 1, 2001; and

(b) Documents recorded in connection with a voluntary cleanup plan approved under section 25-16-306 or petition for a no action determination approved under section 25-16-307.

(3) Nothing in this section shall impair the validity or enforceability of an environmental covenant created under section 25-15-321.
C.R.S. § 25-21.5-106 — CO Code / Title 25 / Article 21.5 / Section 25-21.5-106
25-21.5-106. Dental advisory committee - creation - repeal
Status: repealed

25-21.5-106. Dental advisory committee - creation - repeal. (Repealed)
C.R.S. § 25-4-404 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-404
25-4-404. Rules
Status: in_force

25-4-404. Rules. (1) The state board, with sufficient involvement and consultation from the state department, the community, and other interested stakeholders, shall adopt rules it deems necessary to carry out the provisions of this part 4, including rules addressing the control and treatment of sexually transmitted infections. The rules are binding on all public health agencies, health officers, and other persons affected by this part 4. The rules must include, at a minimum:

(a) The information that must be reported pursuant to section 25-4-405 and the form, manner, and time frame in which it must be reported; and

(b) The performance standards for anonymous and confidential HIV counseling and testing sites established pursuant to section 25-4-411. Standards must include performance standards for notifying and counseling a person who is diagnosed with a sexually transmitted infection and for notification of his or her partner or partners.

(2) The state department shall create and maintain guidelines, subject to approval by the state board, concerning the public health procedures described in sections 25-4-412 and 25-4-413.
C.R.S. § 25-4-2102 — CO Code / Title 25 / Article 4 / Part 21 / Section 25-4-2102
25-4-2102. Penalties for violations
Status: in_force

25-4-2102. Penalties for violations. Upon a finding by the department of public health and environment or a local board of health that a body art facility is in violation of any rule adopted pursuant to section 25-4-2101, the department or local board of health may assess a penalty not to exceed two hundred fifty dollars for each day of a violation. Each day of a violation shall be considered a separate offense. The department or local board of health shall consider the degree of danger to the public caused by the violation, the duration of the violation, and whether such facility has committed any similar violations.
C.R.S. § 25-4-508 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-508
25-4-508. Inspection of records
Status: in_force

25-4-508. Inspection of records. Authorized department personnel may inspect and have access to all medical records of all medical practitioners, hospitals, institutions, and clinics, both public and private, where persons with known or suspected tuberculosis are treated and shall provide consultation services regarding the control of tuberculosis and the care of persons having tuberculosis to health-care providers or any other persons having responsibility for the care of persons with tuberculosis. Authorized department personnel shall also have access to laboratory records of persons tested for tuberculosis.
C.R.S. § 25-4-1708 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1708
25-4-1708. Fund created
Status: in_force

25-4-1708. Fund created. (1) (a) There is hereby established in the state treasury a fund to be known as the immunization fund, which fund is subject to annual appropriation by the general assembly to the department of public health and environment for the purposes of:

(I) Purchasing vaccines, including purchasing vaccines through a vaccine purchasing system, if such a system is developed pursuant to section 25-4-2403 (1) and (1.3), which system may include vaccines for privately insured individuals;

(II) Assisting users of the immunization tracking system established in section 25-4-2403 to connect to the system;

(III) Utilizing the reminder and recall process of the immunization tracking system; and

(IV) Implementing, developing, and operating immunization programs.

(b) The fund consists of:

(I) Moneys appropriated by the general assembly from the general fund for immunization programs;

(II) Any gifts, grants, or awards received pursuant to sections 25-4-1705 (6) and 25-4-2403 (9)(c) or for purposes of expanding access to childhood immunizations; and

(III) Moneys received from the state department of health care policy and financing as reimbursement pursuant to section 25-4-1707.

(c) The state treasurer shall credit to the fund all income from the investment of moneys in the fund.

(d) The department shall use the moneys in the immunization fund to pay the department's direct and indirect costs of administering the programs described in paragraph (a) of this subsection (1).

(2) If federal funds are not received to implement and operate the immunization programs created in this part 17 and part 24 of this article, no additional general fund moneys shall be appropriated for such purposes.

(3) All moneys credited to the immunization fund that are not expended during the fiscal year shall be retained in the fund for its future use and shall not be credited or transferred to the general fund or any other fund.

(4) (Deleted by amendment, L. 2007, p. 658, § 5, effective April 26, 2007.)
C.R.S. § 25-4-401 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-401
25-4-401. Legislative declaration
Status: in_force

25-4-401. Legislative declaration. (1) The general assembly declares that:

(a) Sexually transmitted infections, regardless of the mode of transmission, impact the public health of the state and are a matter of statewide concern;

(b) Coloradans have a right to receive accurate, confidential, and timely information to make informed decisions that promote their individual physical and mental health and well-being. This right applies to all Coloradans, regardless of geographic location, ethnic or racial background, income, ability, gender, gender identity, gender expression, or sexual orientation.

(c) Positive, stigma-free messages and comprehensive, evidence-based information must be available to create healthy, safe relationships and a healthier Colorado; and

(d) It is the responsibility of any individual who has knowledge or reasonable grounds to suspect that he or she has a sexually transmitted infection to not intentionally transmit the infection to another individual.

(2) The general assembly further declares that:

(a) Reporting sexually transmitted infections to public health agencies is essential to enable a better understanding of the scope of exposure and the impact of the exposure on the community and to optimize means of sexually transmitted infection control;

(b) Efforts to control sexually transmitted infections include public education, counseling, voluntary testing, linkage to treatment, prevention, and access to services;

(c) Restrictive enforcement measures may be used only when necessary to protect the public health;

(d) Having a sexually transmitted infection, being presumed to have one, or seeking testing for the presence of such an infection must not serve as the basis for discriminatory actions or prevent access to services; and

(e) It is the policy of the state to encourage voluntary testing for sexually transmitted infections and promote linkage to care without perpetuating stigma.

(3) Therefore, the general assembly further declares that the purpose of this part 4 is to protect the public health, empower individuals to take personal responsibility for their sexual health, and to prevent infections that may be sexually transmitted.
C.R.S. § 25-2-110.5 — CO Code / Title 25 / Article 2 / Section 25-2-110.5
25-2-110.5. Fetal deaths - treatment of remains
Status: in_force

25-2-110.5. Fetal deaths - treatment of remains. (1) In every instance of fetal death, the pregnant woman shall have the option of treating the remains of a fetal death pursuant to article 135 of title 12.

(2) In every instance of fetal death, the health-care provider, upon request of the pregnant woman, shall release to the woman or the woman's designee the remains of a fetal death for final disposition in accordance with applicable law. Such request shall be made by the pregnant woman or her authorized representative prior to or immediately following the expulsion or extraction of the fetal remains. Unless a timely request was made, nothing in this section shall require the health-care provider to maintain or preserve the fetal remains.

(3) (a) Nothing in this section shall prohibit a health-care provider from conducting or acquiring medical tests on the remains of a fetal death prior to release.

(b) Upon a request pursuant to subsection (2) of this section, whenever a medical test is conducted pursuant to paragraph (a) of this subsection (3), the health-care provider conducting the test shall, where medically permissible and otherwise permitted by law, release to the pregnant woman or the woman's designee the remains of a fetal death for final disposition.

(4) Nothing in this section shall prohibit the health-care provider from requiring a release of liability for the release of the remains of a fetal death prior to such release.

(5) A health-care provider shall be immune from all civil or criminal liability, suit, or sanction with regard to any action taken in good-faith compliance with the provisions of this section.
C.R.S. § 25-15-209.5 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-209.5
25-15-209.5. Inspection required
Status: in_force

25-15-209.5. Inspection required. A department employee shall inspect each off-site hazardous waste disposal site during times when hazardous wastes are ordinarily received. Such inspection shall be conducted at intervals determined by rule and regulation of the commission based on the volume and toxicity of the wastes being received. Such department employee shall be permitted reasonable access to disposal operations for the purpose of monitoring and inspecting such operations. Such department employee, whose salary and benefits shall be paid out of the department's share of the annual fee collected by the county or municipality pursuant to section 25-15-214 (1), shall have training and experience in relevant aspects of hazardous waste management.
C.R.S. § 25-27.5-106 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-106
25-27.5-106. License or registration - application - inspection - issuance - rules
Status: repealed

25-27.5-106. License or registration - application - inspection - issuance - rules. (1) A person applying for a home care agency license or a home care placement agency registration shall submit an application to the department annually upon a form and in a manner prescribed by the department.

(2) (a) (I) The department shall investigate and review each original application and each renewal application for a home care agency license or home care placement agency registration. The department shall determine an applicant's compliance with this article and the rules adopted pursuant to section 25-27.5-104 before the department issues a license or registration.

(II) The department shall make inspections as it deems necessary to ensure that the health, safety, and welfare of the home care agency's or home care placement agency's home care consumers are being protected. Inspections of a home care consumer's home are subject to the consent of the home care consumer to access the property. The home care agency or home care placement agency shall submit in writing, in a form prescribed by the department, a plan detailing the measures that will be taken to correct any violations found by the department as a result of inspections undertaken pursuant to this subsection (2).

(III) The department may inspect, as it deems necessary, a home care placement agency's records on weekdays between 9 a.m. and 5 p.m. to ensure that the home care placement agency is in compliance with the criminal history record check, general liability insurance, and disclosure requirements set forth in sections 25-27.5-103 (2)(b), 25-27.5-104 (1)(c) and (1)(h), and 25-27.5-107.

(a.5) Repealed.

(b) The department shall keep all medical information or documents obtained during an inspection or investigation of a home care agency, home care placement agency, or home care consumer's home confidential. All records, information, or documents so obtained are exempt from disclosure pursuant to sections 24-72-204, C.R.S., and 25-1-124.

(3) (a) With the submission of an application for a license or registration granted pursuant to this article 27.5 or within ten days after a change in the owner, manager, or administrator, each owner of a home care agency or home care placement agency and each manager or administrator of a home care agency or home care placement agency must submit a complete set of the person's fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each owner and each manager or administrator is responsible for paying the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the department.

(a.5) When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(b) The department shall use the information from the record check in ascertaining whether the person applying for licensure or registration has been convicted of a felony or of a misdemeanor, which felony or misdemeanor involves conduct that the department determines could pose a risk to the health, safety, or welfare of home care consumers of the home care agency or home care placement agency. The department shall maintain information obtained in accordance with this section.

(4) The department shall not issue a license or registration if the owner, manager, or administrator of the home care agency or home care placement agency has been convicted of a felony or of a misdemeanor, which felony or misdemeanor involves 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.

(5) Except as otherwise provided in subsections (6) and (7) of this section, the department shall issue or renew a license or registration when it is satisfied that the applicant, licensee, or registrant is in compliance with the requirements set out in this article and the rules promulgated pursuant to this article. Except for provisional licenses issued in accordance with subsections (6) and (7) of this section, a license or registration issued or renewed pursuant to this section expires one year after the date of issuance or renewal.

(6) The department may issue a provisional license to an applicant for the purpose of operating a home care agency for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required under this article 27.5; except that no license shall be issued to an applicant if the operation of the applicant's home care agency will adversely affect the health, safety, or welfare of the home care consumers of such home care agency. As a condition of obtaining a provisional license, the applicant shall show proof to the department that attempts are being made to conform and comply with applicable standards. No provisional license shall be granted prior to the completion of a background check in accordance with subsection (3) of this section and a finding in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.

(7) If requested by the Colorado department of health care policy and financing, the department may issue a provisional license for a period of ninety days to an agency that has applied to be a certified home care agency as defined in section 25-27.5-102. A provisional license shall not be granted prior to the completion of a record check in accordance with subsection (3) of this section and a finding in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.
C.R.S. § 25-1.5-105 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-105
25-1.5-105. Detection of diseases - powers and duties of department
Status: in_force

25-1.5-105. Detection of diseases - powers and duties of department. (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) To establish and operate programs which the department determines are important in promoting, protecting, and maintaining the public's health by preventing, delaying, or detecting the onset of environmental and chronic diseases;

(b) To develop and maintain a system for detecting and monitoring environmental and chronic diseases within the state and to investigate and determine the epidemiology of those conditions which contribute to preventable or premature sickness and to death and disability;

(c) To establish programs of community and professional education relevant to the detection, prevention, and control of environmental and chronic diseases.

(2) For purposes of this section, "chronic disease" means impairment or deviation from the normal functioning of the human body which:

(a) Is permanent;

(b) Leaves residual disability;

(c) Is caused by nonreversible pathological alterations;

(d) Requires special patient education and instruction for rehabilitation; or

(e) May require a long period of supervision, observation, and care.

(3) For the purposes of this section, "environmental disease" means an impairment or deviation from the normal functioning of the human body which:

(a) May be either temporary or permanent;

(b) May leave residual disability;

(c) May result in birth defects, damage to tissues and organs, and chronic illness; and

(d) Is caused by exposure to hazardous chemical or radiological materials present in the environment.

(4) For the purposes of this section, the board shall determine, by rule and regulation, those environmental and chronic diseases that are dangerous to the public health. The board is authorized to require reports relating to such designated diseases in accordance with the provisions of section 25-1-122 and to have access to medical records relating to such designated diseases in accordance with the provisions of section 25-1-122.
C.R.S. § 25-8-205 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205
25-8-205. Control regulations
Status: in_force

25-8-205. Control regulations. (1) The commission may promulgate control regulations for the following purposes:

(a) To describe prohibitions, standards, concentrations, and effluent limitations on the extent of specifically identified pollutants, including, but not limited to, those mentioned in section 25-8-204, that any person may discharge into any specified class of state waters;

(b) To describe pretreatment requirements, prohibitions, standards, concentrations, and effluent limitations on wastes any person may discharge into any specified class of state water from any specified type of facility, process, activity, or waste pile including, but not limited to, all types specified in section 306 (b)(1)(A) of the federal act;

(c) To describe precautionary measures, both mandatory and prohibitory, that must be taken by any person owning, operating, conducting, or maintaining any facility, process, activity, or waste pile that does cause or could reasonably be expected to cause pollution of any state waters in violation of control regulations or that does cause the quality of any state waters to be in violation of any applicable water quality standard;

(d) To adopt toxic effluent standards and pretreatment standards for pollutants which interfere with, pass through, or are otherwise incompatible with sewage treatment works;

(e) [Editor's note: This version of subsection (1)(e) is effective until July 1, 2026.] To describe requirements, prohibitions, standards, and concentration limitations on the use and disposal of biosolids to protect public health and to prevent the discharge of pollutants into state waters, except as authorized by permit. The commission requirements described pursuant to this paragraph (e) shall be no more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S., except as necessary to be consistent with section 405 of the federal act. Fees shall be established as set forth in section 30-20-110.5, C.R.S., and the commission shall have no authority to levy additional or duplicative fees.

(e) [Editor's note: This version of subsection (1)(e) is effective July 1, 2026.] To describe requirements, prohibitions, standards, and concentration limitations on the use and disposal of biosolids to protect public health and to prevent the discharge of pollutants into state waters, except as authorized by permit. The commission requirements described pursuant to this subsection (1)(e) must not be more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, except as necessary to be consistent with section 405 of the federal act. Fees must be established as set forth in rules adopted by the commission pursuant to section 25-8-210.

(f) In accordance with sections 25-8-205.7, 25-8-205.8, and 25-8-205.9, to describe requirements, prohibitions, standards, and concentration limitations on the reuse of reclaimed domestic wastewater for purposes other than drinking that will protect public health and encourage the reuse of reclaimed domestic wastewater;

(g) [Editor's note: This version of subsection (1)(g) is effective until January 1, 2026.] (I) To describe requirements, prohibitions, and standards for the use of graywater for nondrinking purposes, to encourage the use of graywater, and to protect public health and water quality.

(II) Except as authorized in section 25-8-205.3, graywater may be used only in areas where the local city, city and county, or county has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m). The city, city and county, or county that has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m) has exclusive enforcement authority regarding compliance with the ordinance or resolution.

(III) Use of graywater shall be allowed only in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom, and no use of graywater shall be allowed that would not be allowed under such decrees, contracts, or permits if the graywater ordinance or resolution did not exist.

(IV) A local city, city and county, or county may only authorize the use of graywater in accordance with federal, state, and local requirements.

(g) [Editor's note: This version of subsection (1)(g) is effective January 1, 2026.] (I) To describe requirements, prohibitions, and standards for the use of graywater for nondrinking purposes, to encourage the use of graywater, and to protect public health and water quality.

(II) A city, city and county, or county that has adopted an ordinance or resolution regarding the use of graywater pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m) has exclusive enforcement authority regarding compliance with the ordinance or resolution.

(III) Use of graywater is allowed only in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows from the source water, and graywater use shall not be allowed in a manner that is not allowed under such decrees, contracts, or permits.

(h) In accordance with section 25-8-205.1, to establish requirements, prohibitions, and standards for the discharge of dredged or fill material into state waters.

(2) In the formulation of each control regulation, the commission shall consider the following:

(a) The need for regulations that control discharges of specified pollutants that are the subject of water quality standards for the receiving state waters;

(b) The need for regulations that specify treatment requirements for various types of discharges;

(c) The degree to which any particular type of discharge is subject to treatment, the availability, practicality, and technical and economic feasibility of treatment techniques, and the extent to which the discharge to be controlled is significant;

(d) Control requirements promulgated by agencies of the federal government;

(e) The continuous, intermittent, or seasonal nature of the discharge to be controlled;

(f) Whether a regulation that is to be applicable to discharges into flowing water should be written in such a way that the degree of pollution tolerated or treatment required will be dependent upon the volume of flow of the receiving water or the extent to which the discharge is diluted therein, or the capacity of the receiving water to assimilate the discharge; and

(g) The need for specification of safety precautions that should be taken to protect water quality including, but not limited to, requirements for the keeping of logs and other records, requirements to protect subsurface waters in connection with mining and the drilling and operation of wells, and requirements as to settling ponds, holding tanks, and other treatment facilities for water that will or might enter state waters.

(3) Control regulations may be promulgated for use in connection with any one or more of the classes of state waters authorized pursuant to section 25-8-203 and may be made applicable with respect to any designated portion of state waters or to all state waters.

(4) The commission shall coordinate and cooperate with the state engineer, the Colorado water conservation board, the energy and carbon management commission created in section 34-60-104.3 (1), the state board of health, and other state agencies having regulatory powers in order to avoid adopting control regulations that would be either redundant or unnecessary.

(5) The commission shall not adopt control regulations that require agricultural nonpoint source dischargers to utilize treatment techniques that require additional consumptive or evaporative use which would cause material injury to water rights. With regard to nonpoint source water pollution control related to agricultural practices, the commission and division shall pursue incentive, grant, and cooperative programs in preference to the promulgation of control regulations. When interested water conservation districts, water conservancy districts, and conservation districts recommend nonpoint source control activities related to agricultural practices to the division and commission, the division and commission, after consultation with such districts, shall give substantial weight to the recommendations of such districts into the approved program. Except as provided by section 25-8-205.5, control regulations related to agricultural practices shall be promulgated only if incentive, grant, and cooperative programs are determined by the commission to be inadequate and such regulations are necessary to meet state law or the federal act. This subsection (5) does not allocate wasteloads or relieve any source from participation in wasteload allocations determined necessary under any duly promulgated regulations established by the water quality control commission under this section.

(6) The division may issue a variance from a control regulation of general applicability, based upon a determination that the benefits derived from meeting the control regulation do not bear a reasonable relationship to the economic, environmental, or energy impacts or other factors which are particular to the applicant in complying with the control regulation; except that such variance shall be consistent with the purposes of this article including the protection of existing beneficial uses. No variance shall be issued for longer than five years. Variances shall be granted or renewed according to the procedure established in section 25-8-401 (5).
C.R.S. § 25-3-102.5 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-102.5
25-3-102.5. Nursing facilities - consumer satisfaction survey - pilot survey
Status: repealed

25-3-102.5. Nursing facilities - consumer satisfaction survey - pilot survey. (1) (a) The department shall develop and implement a consumer satisfaction survey based on the results of the pilot survey implemented pursuant to paragraph (a.5) of this subsection (1). The pilot survey and the resulting consumer satisfaction survey shall be implemented to determine the level of satisfaction among residents and residents' families regarding the quality of care and quality of living in nursing facilities. "Nursing facility", as used in this section, means a nursing facility as defined in section 25.5-4-103 (14), C.R.S. The department shall appoint an advisory committee to develop the consumer satisfaction survey. The advisory committee shall include, but not be limited to, the state ombudsman, representatives of senior groups, representatives of the disabled community, representatives of providers of long term care services, and long term care consumers or their family members. The advisory committee shall develop recommendations for the development of an assessment tool for the consumer satisfaction survey and shall develop recommendations for the implementation of the pilot survey and the consumer satisfaction survey. The advisory committee shall ensure that a representative sample of participants are chosen and surveyed in a manner that will yield accurate and useful results. The department shall ensure that every nursing facility licensed by the department participates in the assessment of consumer satisfaction; except that any nursing facility that accepts exclusively private pay residents shall not be required to participate. Information about results of the most recent consumer satisfaction survey and how such survey was conducted shall be included by the facility in all informational materials provided to persons who inquire about the facility. The department shall assure confidentiality for residents during the survey process. The department shall make the results of consumer satisfaction surveys available to the public.

(a.5) (I) The department shall develop and implement a pilot consumer satisfaction survey to aid in the determination of the level of satisfaction among residents and residents' families regarding the quality of care and quality of living in nursing facilities. The pilot survey shall be used exclusively for the development of the consumer satisfaction survey to be implemented pursuant to paragraph (d) of this subsection (1) and shall not be used to penalize any participating facility. The pilot survey shall be used to assess:

(A) The validity of the questionnaire for use in the consumer satisfaction survey implemented pursuant to paragraph (d) of this subsection (1);

(B) The nursing facilities residents' cognition levels in order to determine the ability of the residents to complete the survey in a meaningful manner;

(C) The techniques employed to obtain the number of completed survey questionnaires needed to achieve a statistical validity of plus or minus ten percent on the final consumer satisfaction survey; and

(D) The survey data to ensure that such data is meaningful to consumers.

(II) The pilot survey shall involve the participation of no more than ten percent of all nursing facilities licensed by the department. The department shall select nursing facilities to participate in the pilot survey based on characteristics including, but not limited to, the rural or urban location of the facilities, and the cross-section of the resident population of the facilities. Facilities that volunteer to participate in the pilot survey shall be given priority in the selection process so long as the required characteristics are met.

(III) (A) The individual nursing facility results of the pilot survey shall be confidential and not made available to the public; except that each nursing facility shall be provided with the pilot survey results from its own facility.

(B) Aggregate statistical results of the pilot survey may be made available to the public.

(C) Repealed.

(IV) Repealed.

(b) The consumer satisfaction survey shall be easy to understand so that each resident or resident's family member or representative who participates may fill out the survey unassisted; except that the department or its designated representative may assist a resident or resident's family with filling out the survey. Nursing facility volunteers and employees shall be prohibited from assisting participants with the completion of the survey. The names of the participants in the survey shall be kept confidential, and all surveys shall be returned directly to the department.

(c) Repealed.

(d) The department shall administer the consumer satisfaction survey based on the recommendations of the advisory committee in all licensed nursing facilities that are required to participate in accordance with paragraph (a) of this subsection (1). The department shall commence implementation of the survey on or before July 1, 2003. After the pilot survey is complete, the department shall evaluate the effectiveness of the pilot survey instruments, adopt any recommendations, and continue to survey all licensed facilities on a three-year cycle with one-third of the participating licensed nursing facilities completing the initial survey in one of the three years. Each participating licensed nursing facility shall perform a new consumer satisfaction survey every three years thereafter; except that the department may require, or a participating licensed nursing facility may request, that a new consumer satisfaction survey be performed more often if conditions warrant. If the licensed nursing facility requests such a survey, the department shall perform the survey if the licensed nursing facility pays the department for the costs associated with performing the survey. A licensed nursing facility may comment on the results of a consumer satisfaction survey and have such comments included in any publication or distribution of the results by the department.

(e) Hospice residents and their family members and transitional care unit residents and their family members, shall be exempt from participation in the pilot survey and consumer satisfaction survey conducted in each nursing facility.

(f) Nursing facilities shall release the name, address, and telephone number of each family member or party responsible for a nursing facility resident to the department for the sole use of conducting the pilot survey and the consumer satisfaction survey.

(2) (a) The department shall respond to a complaint from a nursing facility resident or resident's family member or representative within five working days after receipt of the complaint and, for sixty days after the date the department received the complaint, the department shall update the complainant on the status of the complaint investigation at least every fourteen days until the complaint is resolved and an investigation is finalized. If the complaint is not resolved within sixty days after the date the department received the complaint, the department shall continue to update the complainant on the status of the complaint every thirty days until the complaint is resolved and an investigation report is resolved and an investigation is finalized. At the request of the complainant, the department shall not maintain such contact.

(b) (I) The state and local long-term care ombudsman, established pursuant to article 11.5 of title 26, C.R.S., in compliance with the federal "Older Americans Act of 1965", ("ombudsman") shall refer to the state department for investigation and resolution all complaints received by the ombudsman involving possible licensure violations in nursing homes that are exclusively private pay facilities.

(II) Information about the ombudsman, including the ombudsman's role in dealing with resident complaints and all contact information and telephone numbers for the ombudsman, shall be included in the information provided to a resident upon admission to a facility that is not a private pay facility.
C.R.S. § 25-1.5-603 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-603
25-1.5-603. Applicability to volunteer health practitioners
Status: in_force

25-1.5-603. Applicability to volunteer health practitioners. This part 6 applies to volunteer health practitioners registered with a registration system that complies with section 25-1.5-605 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
C.R.S. § 25-8-310 — CO Code / Title 25 / Article 8 / Part 3 / Section 25-8-310
25-8-310. Education program - storm water
Status: in_force

25-8-310. Education program - storm water. (1) The division may develop education programs for use by state and local governmental entities.

(2) The educational programs developed in accordance with subsection (1) of this section shall be designed to inform the public about storm water quality problems resulting from:

(a) The washing of motor vehicles on nonpermeable surfaces and the advantages of washing motor vehicles at car wash facilities that comply with recognized industry water conservation and water quality control standards;

(b) The disposal of leaves, litter, pet wastes, and debris in street gutters and storm drains;

(c) The disposal of used oil, antifreeze, paints, and other household chemicals in storm sewers or drains; and

(d) Soil erosion on property due to lack of planting of ground cover and stabilization of erosion-prone areas.

(3) The division may obtain gifts, grants, and donations to fund the costs of developing the education programs described in subsection (1) of this section. If the funding necessary to comply with said subsection (1) is not obtained, the division shall not be required to comply with said subsection (1) until such funding is obtained.
C.R.S. § 25-4-1709 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1709
25-4-1709. Limitations on liability
Status: in_force

25-4-1709. Limitations on liability. (1) No person who administers a vaccine required under the provisions of this part 17 shall be held liable for injuries sustained pursuant to such vaccine if:

(a) The vaccine was administered according to the schedule of immunization established by the board of health;

(b) There were no medical contraindications for administering such vaccine; and

(c) The vaccine was administered using generally accepted clinical methods.

(2) An action shall not be maintained for a vaccine-related injury or death until action for compensation for such alleged injury has been exhausted under the terms of the federal "National Childhood Vaccine Injury Act of 1986", 42 U.S.C. secs. 300aa-10 to 300aa-33, as such law is from time to time amended, provided the federal "National Childhood Vaccine Injury Act of 1986" applies to the particular vaccine administered.

(3) If the injury or death which is sustained does not fall within the parameters of the vaccine injury table as defined in 42 U.S.C. sec. 300aa-14, as enacted on November 14, 1986, a rebuttable presumption is established that the injury sustained or the death was not due to the administration of the vaccine. Such presumption shall be overcome by a preponderance of the evidence.

(4) Where a claim against a hospital, clinic, or provider arises from injuries resulting from the handling, storage, or distribution of vaccines required by this part 17, such hospital, clinic, or provider shall not be liable unless such injuries are the result of the negligent failure of an employee of such hospital, clinic, or provider to conform to recognized standards of practice which are necessary for the protection of public health.

(5) A practitioner licensed to practice medicine pursuant to article 240 of title 12 or licensed to practice nursing or as a certified midwife pursuant to part 1 of article 255 of title 12 or the health-care clinic, hospital, office of a private practitioner, or county public health clinic at which the immunization was administered that relies on the health history and other information given by a person who has been delegated the authority to consent to the immunization of a minor pursuant to section 25-4-1704 (2.5) is not liable for damages related to an immunization resulting from factual errors in the health history or information given to the practitioner or the health-care clinic, hospital, office of a private practitioner, or county public health clinic at which the immunization was administered by the person when such practitioner or health-care clinic, hospital, office of a private practitioner, or county public health clinic reasonably relies upon the health history information given and exercises reasonable and prudent care in administering the immunization.
C.R.S. § 25-3.5-102 — CO Code / Title 25 / Article 3.5 / Part 1 / Section 25-3.5-102
25-3.5-102. Legislative declaration
Status: in_force

25-3.5-102. Legislative declaration. (1) The general assembly hereby declares that it is in the public interest to provide available, coordinated, and quality emergency medical and trauma services to the people of this state. It is the intent of the general assembly in enacting this article to establish an emergency medical and trauma services system, consisting of at least treatment, transportation, communication, and documentation subsystems, designed to prevent premature mortality and to reduce the morbidity that arises from critical injuries, exposure to poisonous substances, and illnesses.

(2) To effect this end, the general assembly finds it necessary that the department of public health and environment assist, when requested by local government entities, in planning and implementing any one of such subsystems so that it meets local and regional needs and requirements and that the department coordinate local systems so that they interface with an overall state system providing maximally effective emergency medical and trauma systems.

(3) The general assembly further finds that the provision of adequate emergency medical and trauma services on highways in all areas of the state is a matter of statewide concern and requires state financial assistance and support.

(4) The general assembly also finds that:

(a) Colorado's emergency medical services system not only provides individuals who are ill or injured emergency medical and trauma care twenty-four hours per day and three hundred sixty-five days per year, but also serves as a critical safety net for many Coloradans who might not have immediate access to other health-care services;

(b) As highlighted by the COVID-19 pandemic, Colorado's emergency medical services system augments community health, preventative health, and public health programs throughout the state;

(c) Despite the essential nature of the emergency medical services system and the assumption held by members of the public that, once a 911 call is placed, an ambulance will quickly arrive, emergency medical services are not a required service in Colorado;

(d) While emergency medical services are generally available throughout the state, some Coloradans no longer have access to a Colorado-based emergency medical services system, and other Colorado communities are at risk of losing their emergency medical services;

(e) The instability and unsustainability of emergency medical services in some parts of the state puts lives at risk;

(f) Ground ambulance service is the only component of Colorado's emergency medical system that is not subject to statewide standardization and regulation, which statewide standardization and regulation would provide medical and operational benefits and consumer protections;

(g) The lack of statewide standardization and regulation for ground ambulance services inhibits consumer protections and investigations and adjudication of consumer complaints because the department lacks authority to investigate and adjudicate any complaints related to ground ambulances; and

(h) To ensure sustainability of, and equitable access to, emergency medical services in Colorado, a comprehensive assessment of the emergency medical services system, along with recommendations for modernizing and sustaining the emergency medical services system, should be performed.
C.R.S. § 25-3.5-301 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-301
25-3.5-301. Number of individuals needed for ambulance operation - exception
Status: repealed

25-3.5-301. Number of individuals needed for ambulance operation - exception. (1) and (2) Repealed.

(3) No patient shall be transported in an ambulance in this state after January 1, 1978, unless there are two or more individuals, including the driver, present and authorized to operate said ambulance except under unusual conditions when only one authorized person is available.

(4) (Deleted by amendment, L. 2002, p. 696, § 1, effective May 29, 2002.)

(5) and (6) Repealed.
C.R.S. § 25-1.5-401 — CO Code / Title 25 / Article 1.5 / Part 4 / Section 25-1.5-401
25-1.5-401. Legislative declaration
Status: in_force

25-1.5-401. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) There is a shortage of qualified health-care professionals in most areas of the state, particularly in rural and low-income communities;

(b) Lack of access to health care increases health inequities in Colorado and increases the overall cost of health-care services;

(c) Communities designated as health professional shortage areas, medically underserved areas, or medically underserved populations may benefit from:

(I) Federal, state, and private programs that enhance reimbursement for medical services, provide grants for health service infrastructure, and create incentives for the placement of additional health-care professionals in those communities; and

(II) The placement of physicians through federal waiver programs such as the national interest waiver program, the Conrad 30 J-1 visa waiver program, and the national health service corps; and

(d) Assessing the health service needs of the state and coordinating workforce programs to address those needs is an important strategy for increasing access to health services in Colorado.

(2) The general assembly therefore finds that it is in the best interests of the citizens of the state of Colorado to create the primary care office within the department of public health and environment for the purpose of identifying the areas within the state that lack sufficient health-care resources and coordinating available resources to maximize medical reimbursements, grants, and placements of health-care professionals within those areas.
C.R.S. § 25-18.5-109 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-109
25-18.5-109. Judicial review
Status: in_force

25-18.5-109. Judicial review. The department's decisions are subject to judicial review in accordance with section 24-4-106, C.R.S.
C.R.S. § 25-11-102 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-102
25-11-102. Agreements for transfer of functions from federal government to state government
Status: in_force

25-11-102. Agreements for transfer of functions from federal government to state government. (1) The governor, on behalf of this state, is authorized, from time to time, to enter into agreements with the federal government providing for the assumption by this state through the department, and the discontinuance by the federal government, of any responsibilities within the state of Colorado relating to the protection of persons and property from the hazards of radioactive materials and other sources of radiation.

(2) The governor, on behalf of this state, is authorized, from time to time, to enter into agreements with the federal government, other states, or interstate agencies whereby the department shall perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of radiation.

(3) No such agreement entered into pursuant to the provisions of subsections (1) or (2) of this section shall transfer to, delegate to, or impose upon the department any power, authority, or responsibility that is not fully consistent with the provisions of this article.
C.R.S. § 25-17-101 — CO Code / Title 25 / Article 17 / Part 1 / Section 25-17-101
25-17-101. Legislative declaration
Status: in_force

25-17-101. Legislative declaration. (1) The general assembly hereby finds and declares that the recycling of materials and products is a matter of statewide concern and that such recycling should be promoted in cooperation with units of local government in light of its economic and environmental benefits. The general assembly further finds that the recycling of materials and products will decrease the amount of materials and products which is disposed of in landfills and will also spur economic development in the recycling industry in Colorado. It is the intent of the general assembly in adopting this act to encourage the development of the recycling industry and the development of markets for recycled materials and products.

(2) The general assembly further finds and declares that:

(a) Proper management of waste in all forms is necessary to protect the public health and environment for the citizens of this state;

(b) The diversion of waste from the waste stream by encouraging available, affordable, and innovative alternatives to disposal is a key strategy in any state-local waste management policy;

(c) A comprehensive, cooperative, and integrated approach to waste management is necessary to achieve the goal of diverting waste from the municipal waste stream;

(d) Such an approach should foster public and private initiatives to reduce and divert waste through: Source reductions; recycling, including the secondary use of waste material or products in all forms; composting as a recycling option for materials such as yard debris, food scraps, and soiled or otherwise unrecyclable paper which are not recovered using traditional recycling methods; and other waste management strategies and disposal alternatives; and

(e) The state's waste management policies should include a combination of tax incentives, procurement policies, and economic development incentives: To encourage government entities and businesses and individuals to reduce sources of waste, recycle, and compost; to encourage the development of the recycling industry; and to encourage the development of markets for reusable, recycled, and composted products and materials.
C.R.S. § 25-15-502 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-502
25-15-502. Definitions
Status: in_force

25-15-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Existing hazardous waste incinerator" means a hazardous waste incinerator that was in active operation, as authorized by applicable federal and state laws and regulations, on or before August 21, 1991.

(1.5) "Existing hazardous waste processor" means a hazardous waste processing facility that was in active operation, regardless of the amount of hazardous waste treated annually, as authorized by applicable federal and state laws and rules, on or before March 22, 2002.

(2) "Governing body having jurisdiction" means the board of county commissioners if a hazardous waste incinerator or processor site is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a hazardous waste incinerator or processor site is located within an incorporated area.

(3) (a) "Hazardous waste incinerator" means:

(I) Any hazardous waste incinerator as defined in regulations of the commission promulgated pursuant to section 25-15-302; or

(II) Any boiler or industrial furnace that burns hazardous waste, as defined in subpart B of part 260 of title 40, code of federal regulations, as from time to time amended, until such time as the commission, pursuant to section 25-15-302, promulgates a definition of boiler or industrial furnace, at which time such state definition shall operate in lieu of the foregoing federal definition. Such term shall include, but is not limited to, any cement kiln, lime kiln, aggregate kiln, or blast furnace.

(b) The term "hazardous waste incinerator" excludes any facility for incineration of a hazardous waste performing on-site remediation pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980".

(4) (a) "Hazardous waste processing" means both of the following, except as provided in paragraph (b) of this subsection (4):

(I) Any treatment method, technique, or process designed to change the physical, chemical, or biological character or composition of acute hazardous waste, as defined in rules of the commission promulgated pursuant to part 3 of this article, in order to neutralize such waste, reduce the volume of such waste, or render such waste less hazardous, safer for transport, amenable to recovery or use, or amenable to storage; and

(II) Any acute hazardous waste processing, as defined in rules of the commission promulgated pursuant to section 25-15-302.

(b) "Hazardous waste processing" does not include:

(I) The treatment of less than one thousand kilograms of acute hazardous waste per year;

(II) The treatment, storage, or disposal of hazardous waste pursuant to a certificate of designation issued under, or otherwise regulated by, part 2 of this article;

(III) The processing of hazardous waste that is not listed as acute hazardous waste in rules of the commission promulgated pursuant to part 3 of this article;

(IV) The processing of any hazardous waste pursuant to any record of decision, consent decree, or administrative order authorized by or made pursuant to applicable federal or state laws and rules, as amended or revised, or any record of decision issued pursuant to a periodic revision of a record of decision that was made on or before March 22, 2002;

(V) The performance of on-site processing or treatment of hazardous waste associated with efforts to clean up contaminated soil, groundwater, or surface water pursuant to federal or state environmental laws;

(VI) The processing of hazardous waste incidental to commercial manufacturing;

(VII) The treatment, storage, management, or processing of solid waste pursuant to a certificate of designation issued under article 20 of title 30, C.R.S.;

(VIII) The conduct of any activities pursuant to an approved reclamation plan contained in a permit issued under, or otherwise regulated by, article 32 or 33 of title 34, C.R.S.; or

(IX) The conduct of any activities regulated under article 60 of title 34, C.R.S.

(5) "Hazardous waste processor" means a facility that engages in hazardous waste processing subject to the requirement for a part B permit or interim status under rules of the commission promulgated pursuant to section 25-15-302.

(6) "Hazardous waste processor site" means a location where hazardous waste is:

(a) Processed; or

(b) Generated or stored by the owner of a hazardous waste processor or by an affiliate or customer of a hazardous waste processor who produces hazardous waste.
C.R.S. § 25-1-114.1 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-114.1
25-1-114.1. Civil remedies and penalties
Status: in_force

25-1-114.1. Civil remedies and penalties. (1) The division of administration of the department may institute a civil action or administrative action, as described in subsection (2.5) of this section, against any person who violates a final enforcement order of the department issued for a violation of any minimum general sanitary standard or regulation adopted pursuant to section 25-1.5-202. Such civil action shall be brought in the district court of the county in which the violation of the standard or regulation is alleged to have occurred.

(2) Upon finding that a final enforcement order of the department has been violated and that the violation of the standard or regulation described in the order in fact occurred, the court shall:

(a) Impose a civil penalty on the violator of not more than one thousand dollars per day for each day the violation of the standard or regulation occurred if the court determines the violation was willful; or

(b) Enter such order as the public health may require, taking into consideration, where appropriate, the cost and time necessary to comply; or

(c) Impose such civil penalty and enter such order.

(2.5) (a) Any person who violates any minimum general sanitary standard and regulation promulgated pursuant to section 25-1.5-202 or 25-1-114 (1)(h), or any final enforcement order issued by the department, shall be subject to an administrative penalty as follows:

(I) For systems that serve a population of more than ten thousand people, an amount not to exceed one thousand dollars per violation per day; or

(II) For systems that serve a population of ten thousand people or less, an amount not to exceed one thousand dollars per violation per day, but only in an amount, as determined by the division, that is necessary to ensure compliance.

(b) Penalties under this subsection (2.5) shall be determined by the executive director or the executive director's designee and may be collected by the division of administration by an action instituted in a court of competent jurisdiction for collection of such penalty. The final decision of the executive director or the executive director's designee may be appealed to the water quality control commission, created pursuant to section 25-8-201. A stay of any order of the division ending judicial review shall not relieve any person from any liability with respect to past or continuing violations of any minimum general sanitary standard or any regulation promulgated pursuant to section 25-1.5-202 or 25-1-114 (1)(h), but the reason for the request for judicial review shall be considered in the determination of the amount of the penalty. In the event that such an action is instituted for the collection of such penalty, the court may consider the appropriateness of the amount of the penalty, if such issue is raised by the party against whom the penalty was assessed. Any administrative penalty collected under this section shall be credited to the general fund.

(3) The department may request the attorney general to bring a suit for a temporary restraining order or a preliminary or permanent injunction to prevent or abate any violation of a minimum general sanitary standard or regulation adopted pursuant to section 25-1.5-202 or to prevent or abate any release or imminent release that causes or is likely to cause contamination resulting in liability under section 25-1.5-207, and the department, in such a suit, may collect, on behalf of political subdivisions or public water systems, the damages incurred by such political subdivisions or public water systems under section 25-1.5-207. The department shall pay to such political subdivisions or public water systems all damages collected on their behalf. The department is not required to issue an enforcement order prior to institution of such a suit. Upon a de novo finding by the court that such a violation has occurred, is occurring, or is about to occur or that such release or imminent release exists, the court may enjoin such violation, release, or imminent release and enter such order as the public health may require, taking into consideration, where appropriate, the cost and time necessary to comply. An enforcement settlement with the state under the provisions of this subsection (3) shall bar a separate action by a political subdivision or public water system under section 25-1.5-207 whenever notice and adequate opportunity to comment on the proposed settlement have been given to the political subdivision or public water system, damages have been collected on behalf of and paid to such political subdivision or public water system by the state, and the release or imminent release has been prevented or abated by means of the settlement.

(4) Suits brought pursuant to subsection (3) of this section shall be brought in the district court of the county in which the violation is alleged to have occurred. The institution of such a suit by the division of administration shall confer upon such court exclusive jurisdiction to determine finally the subject matter of the proceeding; except that the exclusive jurisdiction of the court shall apply only to such proceeding and shall not preclude assessment of any civil penalties or any other enforcement action or sanction authorized by this section.

(4.5) An action for civil penalties under this section may be joined with a civil action to recover the state's costs pursuant to subsection (3) of this section.

(5) The powers of the department established by this section shall be in addition to, and not in derogation of, any powers of the department.

(6) (a) The attorney general, at the request of the department, or the district attorney of the county in which an affected public water system is located or the attorney of the supplier of water may institute a civil action against any person, association, or corporation, or the officers thereof, who tampers, attempts to tamper, or threatens to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system. Such action shall be brought in the district court of the county in which the violation is alleged to have occurred. As used in this subsection (6), "tamper" means to introduce a contaminant into a public water system or into drinking water or to otherwise interfere with drinking water or the operation of a public water system with the intention of harming persons or public water systems. "Tamper" does not include the standardized and accepted treatment procedures performed by a supplier of water in preparing water for human consumption.

(b) Upon finding that tampering, attempting to tamper, or threatening to tamper has occurred, the court shall have the authority to:

(I) Order appropriate injunctive relief;

(II) Impose a civil penalty on the violator of not more than fifty thousand dollars for each act of tampering or of not more than twenty thousand dollars for each act of attempting to tamper or threatening to tamper;

(III) Impose on the violator all costs incurred by the state and by the affected public water system in assessing and remedying all consequences of the tampering, attempting to tamper, or threatening to tamper; and

(IV) Impose on the violator all court costs associated with remedying consequences of the tampering, attempting to tamper, or threatening to tamper.

(7) Any person subject to an action brought pursuant to subsection (3) of this section or section 25-1.5-207 shall have an affirmative defense to such action if such person's potential liability results from a discharge of contaminants or substances authorized by and in substantial compliance with an existing federal or state permit which controls the quality of the release of the contaminant or substance.
C.R.S. § 25-7-1307 — CO Code / Title 25 / Article 7 / Part 13 / Section 25-7-1307
25-7-1307. Funding for staff and program costs
Status: in_force

25-7-1307. Funding for staff and program costs. (1) The commission shall establish fees for permits and other regulatory services provided by the division or the tribe under this part 13. The commission shall direct air pollution sources to pay said fees to the tribe. The tribe may also apply for and receive EPA grants for the administration of the reservation air program.

(2) From the fees and grants, the tribe shall fund the staff and program costs necessary to perform the tribe's duties under the intergovernmental agreement and this part 13. The tribe shall pay the state for the personal services costs, at a rate of compensation determined by contract, of any state employee who participates in the administration of the reservation air program pursuant to the intergovernmental agreement or this part 13.

(3) It is the intent of the general assembly that fees and grants shall pay the necessary expenses of the commission. If the fees and grants are not sufficient to pay the commission's expenses, then the state and the tribe shall be responsible for funding associated with the participation of their respective representatives on the commission. State funding for its expenses must come from either a separate appropriation to the division or from funds otherwise available that the state is authorized to use for such a purpose.

(4) Prior to the establishment and collection of fees from air pollution sources under the reservation air program, the tribe may have expenses associated with its administration of permits for non-Indian owned sources on fee land. If the state continues to collect fees under section 25-7-114.7 from air pollution sources on fee lands, and if the tribe has expenses associated with the administration of a state-issued permit, then the division is authorized to use such permit and other fees to pay for the tribe's personal services costs. The state is authorized to contract with the tribe setting forth the reasonable cost for such services performed by the tribe.
C.R.S. § 25-48-109 — CO Code / Title 25 / Article 48 / Section 25-48-109
25-48-109. Death certificate
Status: in_force

25-48-109. Death certificate. (1) Unless otherwise prohibited by law, the attending provider or the hospice medical director shall sign the death certificate of a qualified individual who obtained and self-administered medical aid-in-dying medication.

(2) When a death has occurred in accordance with this article, the cause of death shall be listed as the underlying terminal illness and the death does not constitute grounds for post-mortem inquiry under section 30-10-606 (1), C.R.S.
C.R.S. § 25-9-107 — CO Code / Title 25 / Article 9 / Section 25-9-107
25-9-107. Certification procedure
Status: in_force

25-9-107. Certification procedure. (1) Any individual possessing the required education and experience may apply for certification in the manner designated by the board on such forms as required and approved by the board. The application shall be accompanied by such fee as required by section 25-9-108. Those applicants who meet the minimum qualifications as established by rules of the board promulgated in accordance with article 4 of title 24, C.R.S., for certification shall be admitted for examination.

(2) When an individual desires certification in a field other than the field in which the individual has experience, the individual's experience shall be evaluated by the board or as directed by the board. The certificate issued is to be based upon the knowledge demonstrated by the applicant through examination and the individual's verified record of work experience in water and wastewater facility operation.

(3) Certificates shall be awarded by the board or at the direction of the board for a period of three years only to those applicants successfully meeting all of the requirements.

(4) (a) Certificates shall be renewed upon payment of the required renewal fee and a showing that the applicant for renewal has met the requirements established by the board for ongoing training.

(b) If any operator fails to renew the operator's certification before the expiration date of such certification, such certification is expired. If a certification expires because of failure to renew before the expiration date of such certification, the operator may renew the certification up to two years after the expiration date upon paying the required renewal fee and meeting the applicable ongoing training requirements for the certification being renewed. If an operator does not renew a certification within two years after the expiration date of such certification, the certification is automatically revoked and an applicant for recertification must meet all the requirements for certification as a new applicant.

(4.5) (Deleted by amendment, L. 96, p. 360, § 8, effective July 1, 1996.)

(5) The board, upon application therefor, may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, providing the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this article and are of a standard not lower than that specified by regulations adopted under this article. Where there is a question as to the level of certification that should be granted, the board may authorize special examination or other procedures to confirm the appropriate certification level.

(6) to (8) (Deleted by amendment, L. 96, p. 360, § 8, effective July 1, 1996.)
C.R.S. § 25-27-101 — CO Code / Title 25 / Article 27 / Section 25-27-101
25-27-101. Legislative declaration
Status: in_force

25-27-101. Legislative declaration. (1) In order to promote the public health and welfare of the people of Colorado, it is declared to be in the public interest to establish minimum standards and rules for assisted living residences in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules shall be sufficient to assure the health, safety, and welfare of assisted living residents.

(2) The general assembly further finds that the department of public health and environment, as the executive branch agency assigned to administer and enforce minimum standards for assisted living residences, is in a position to provide technical assistance, educational materials, and training information to residences. The general assembly determines that a proactive approach by the department, acting as a mentor and educator for residences, will enhance the quality of care of residents of assisted living residences. Additionally, the general assembly finds that the department should explore whether risk-based inspections may be implemented to allocate resources more effectively and at the same time adequately protect the health and safety of the residents.

(3) Further, the general assembly determines and declares that, in administering and enforcing standards for assisted living residences, the department of public health and environment should focus on the outcome related to measures and treatment of residents.
C.R.S. § 25-27.5-101 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-101
25-27.5-101. Legislative declaration
Status: in_force

25-27.5-101. Legislative declaration. (1) In order to promote the public health and welfare of the people of Colorado, it is declared to be in the public interest to establish minimum standards and rules for home care agencies in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules shall be sufficient to assure the health, safety, and welfare of home care consumers.

(2) The general assembly further finds that the department of public health and environment, as the executive branch agency assigned to administer and enforce minimum standards for home care agencies, should explore whether risk-based inspections may be implemented to allocate resources more effectively and at the same time adequately protect the health and safety of the home care consumers. Risk shall be evaluated based on the home care agency's compliance history, quality performance measures, and other relevant factors set forth in rules promulgated by the state board of health.

(3) Further, the general assembly determines and declares that, in administering and enforcing standards for home care agencies, the inspections by the department should focus on home care consumer safety and outcomes.
C.R.S. § 25-4-2002 — CO Code / Title 25 / Article 4 / Part 20 / Section 25-4-2002
25-4-2002. Legislative declaration
Status: in_force

25-4-2002. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) Hepatitis C is a silent killer, being largely asymptomatic until irreversible liver damage may have occurred;

(b) Hepatitis C has been characterized by the world health organization as a disease of primary concern to humanity;

(c) Currently, approximately four million five hundred thousand Americans are infected with hepatitis C, and there are approximately thirty thousand new infections occurring each year in the United States;

(d) The center for disease control estimates that approximately twelve thousand individuals die each year due to the consequences of hepatitis C, and this number continues to grow each year;

(e) Hepatitis C is considered such a public health threat that the United States department of health and human services has launched a comprehensive plan to address it, beginning with the identification and notification of the hundreds of thousands of persons inadvertently exposed to hepatitis C through blood transfusion; and

(f) In the absence of a vaccine for hepatitis C, emphasis must be placed on other means of disease awareness and prevention, including but not limited to education of police officers, firefighters, health-care professionals, and the general public. This approach may be the only means of halting the spread of this devastating disease.

(2) The general assembly further declares that the purpose of this part 20 is to create and develop a program that will:

(a) Heighten awareness and enhance knowledge and understanding of hepatitis C by disseminating educational materials and information about services and strategies for detection and treatment to patients and the general public;

(b) Promote public awareness and knowledge about the risk factors, the value of early detection, and the options available for the treatment of hepatitis C;

(c) Utilize any available technical assistance from and any educational and training resources and services that have been developed by organizations with appropriate expertise and knowledge of hepatitis C;

(d) Design a model screening process to provide guidelines for health-care professionals to use to prevent further transmission of the hepatitis C virus and prevent onset of chronic liver disease caused by hepatitis C by detecting and treating chronic hepatitis C virus infection;

(e) Evaluate existing hepatitis C support services in the community and assess the need for improving the quality and accessibility of these services; and

(f) Provide easy access to clear, complete, and accurate hepatitis C and patient referral services information.

(3) The general assembly further finds, determines, and declares that it is the intent of the general assembly to provide funding for the hepatitis C program created in this part 20 for the fiscal year beginning July 1, 1999, and to review the effectiveness of and the necessity for the hepatitis C program in determining the reasonableness and the amount of future funding, if any.
C.R.S. § 25-15-307 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-307
25-15-307. Coordination with other programs
Status: in_force

25-15-307. Coordination with other programs. (1) The department shall coordinate the hazardous waste program with all other programs within the department and with other agencies of federal, state, or local government which are related to hazardous waste.

(2) For the purposes of the administration and enforcement of this part 3, the department shall coordinate its activities with those of the Colorado state patrol relating to the transportation of hazardous materials. Rules and regulations of the commission relating to the transportation of hazardous waste shall be consistent with the rules and regulations of the Colorado state patrol on the transportation of hazardous materials promulgated pursuant to article 20 of title 42, C.R.S.
C.R.S. § 25-20.5-2102 — CO Code / Title 25 / Article 20.5 / Part 21 / Section 25-20.5-2102
25-20.5-2102. Definitions
Status: in_force

25-20.5-2102. Definitions. As used in this part 21, unless the context otherwise requires:

(1) "Disordered eating" means a range of irregular eating disorders that may warrant a diagnosis.

(2) "Disordered eating prevention program" or "program" means the disordered eating prevention program created in section 25-20.5-2103.

(3) "Disordered eating prevention research grant program" or "grant program" means the disordered eating prevention research grant program created in section 25-20.5-2104.

(4) "Youth" means an individual who is less than twenty-five years of age.
C.R.S. § 25-3-103.5 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-103.5
25-3-103.5. Nondiscrimination - hospital surgical privileges - hospital rules and regulation
Status: in_force

25-3-103.5. Nondiscrimination - hospital surgical privileges - hospital rules and regulations. (1) The bylaws of any hospital licensed pursuant to the provisions of part 3 of this article or established pursuant to section 32-1-1003, C.R.S., which does not limit staff privileges to employees or contracting physicians of such hospital, shall include provisions for the use of the facility by, and staff privileges for, duly licensed doctors of medicine, osteopathy, dentistry, and podiatry within the scope of their respective licenses. Such bylaws shall not discriminate on the basis of the staff member's holding a degree of doctor of medicine, doctor of osteopathy, doctor of dental science, or doctor of podiatric medicine within the scope of their respective licensure. Provision shall be made in the bylaws for the right to pursue and practice full surgical privileges for holders of a degree of doctor of medicine, doctor of osteopathy, doctor of dental science, or doctor of podiatric medicine within the scope of their respective licensure. Such rights and privileges may be limited or restricted upon the basis of an individual practitioner's demonstrated training, experience, current competence, professional ethics, health status, or failure to abide by the hospital's rules, regulations, and procedures.

(2) Nothing in this section shall be construed to require a hospital to offer a specific service or services not otherwise offered or to buy, construct, or renovate facilities, to purchase equipment, hire additional staff, or to comply with other requirements of law concerning its planning, financing, or operation. If a health service is offered, the hospital shall not discriminate between persons holding a degree of doctor of medicine, doctor of osteopathy, or doctor of podiatric medicine who are authorized by law to perform such services.

(3) A hospital may require the coadmittance by a medical doctor or doctor of osteopathy for any patient admitted for surgical treatment by a podiatrist or dentist. The responsibility for obtaining such coadmittance shall be that of the podiatrist or dentist admitting said patient and not of the hospital. Patients admitted for podiatric or dental care shall receive the same basic medical appraisal as patients admitted for other services. Such appraisal shall include an admission history and physical examination by a medical doctor, doctor of osteopathy, or qualified, hospital-credentialed and -privileged podiatrist, who is either on the medical staff or approved by the medical staff of such hospital. The findings of such appraisal shall be recorded on the patient's medical record. The admitting podiatrist or dentist shall be responsible for that part of the history and examination that is related to podiatry or dentistry. The medical doctor or doctor of osteopathy shall be responsible for the treatment of any medical problem that may be present on admission or arise during hospitalization of such podiatric or dental patient. Such doctor shall evaluate the general medical condition of the podiatric or dental patient and determine, after consultation if necessary, the overall risk of the pending surgical treatment to the patient's health.

(4) Within one hundred eighty days after May 25, 1983, the governing body of every hospital subject to the provisions of part 3 of this article or established pursuant to section 32-1-1003, C.R.S., which does not limit staff privileges to employees or contracting physicians of such hospital, shall provide in its bylaws reasonable standards and procedures to be applied by such hospital and its staff in considering and acting upon applications for staff membership or privileges by a person holding a Colorado license to practice as a doctor of medicine, doctor of osteopathic medicine, podiatrist, or dentist in conformance with the requirements of any national accrediting body to which the hospital subscribes. Such standards and procedures shall be available for public inspection and shall be based on an applicant's individual training, experience, current competence, professional ethics, health status, and the hospital's rules of professional conduct applied equally to all persons holding a Colorado license to practice as a doctor of medicine, doctor of osteopathic medicine, podiatrist, or dentist.

(5) Hospital rules and regulations shall be reasonable, necessary, and applied in good faith equally and in a nondiscriminatory manner to all staff members, or applicants seeking to become staff members, holding a degree of doctor of medicine, doctor of osteopathic medicine, doctor of dental science, or doctor of podiatric medicine.
C.R.S. § 25-47-105 — CO Code / Title 25 / Article 47 / Section 25-47-105
25-47-105. Reporting
Status: in_force

25-47-105. Reporting. An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the department of public health and environment, on a form developed by the department of public health and environment, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto-injector pursuant to section 25-47-103. The department of public health and environment shall annually publish a report that summarizes and analyzes all reports submitted to it under this section.
C.R.S. § 25-17-506 — CO Code / Title 25 / Article 17 / Part 5 / Section 25-17-506
25-17-506. Prohibition on use of expanded polystyrene food containers
Status: in_force

25-17-506. Prohibition on use of expanded polystyrene food containers. (1) Except as provided in subsection (2) of this section, effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready-to-eat food in this state.

(2) If a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in this state until the inventory is depleted.
C.R.S. § 25-5-405 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-405
25-5-405. Penalties
Status: in_force

25-5-405. Penalties. (1) Any person who violates any of the provisions of section 25-5-403 (1) commits a class 2 misdemeanor. Each violation shall be considered a separate offense.

(2) No person shall be subject to the penalties of subsection (1) of this section for having violated section 25-5-403 (1)(a) or (1)(c) if he establishes a valid guaranty or undertaking signed by and containing the name and address of the person residing in the United States from whom he received in good faith the article to the effect that such article is not adulterated or misbranded within the meaning of this part 4, designating this part 4.

(3) No publisher, radio-broadcast licensee, television licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement unless he refuses, on the request of the department, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the United States who caused him to disseminate such advertisement.

(4) Any person who violates section 25-5-403 (2) commits a civil infraction.
C.R.S. § 25-56-101 — CO Code / Title 25 / Article 56 / Section 25-56-101
25-56-101. Short title
Status: in_force

25-56-101. Short title. The short title of this article 56 is "Pruitt's Law".
C.R.S. § 25-8.5-103 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-103
25-8.5-103. Creation and organization
Status: in_force

25-8.5-103. Creation and organization. The Cherry Creek basin water quality authority is hereby created. The authority shall be a quasi-municipal corporation and political subdivision of the state, with the powers provided in this article.
C.R.S. § 25-4-1808 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1808
25-4-1808. Unlawful acts
Status: in_force

25-4-1808. Unlawful acts. (1) Unless otherwise authorized by law, it is unlawful and a violation of this part 18 for any person to:

(a) Perform any of the acts for which certification as a shellfish dealer is required without possessing a valid certification;

(b) Hold oneself out as being so qualified to perform any of the acts for which certification pursuant to this part 18 is required without possessing a valid certification;

(c) Solicit, advertise, or offer to perform any of the acts for which certification under this part 18 is required without possessing a valid certification to perform such acts;

(d) Refuse or fail to comply with the provisions of this part 18;

(e) Refuse or fail to comply with any rules adopted by the department pursuant to this part 18 or to any lawful order issued by the department;

(f) Refuse to comply with a cease-and-desist order issued pursuant to section 25-4-1810;

(g) Willfully make a material misstatement in the application for a certification or in the application for renewal thereof or to the department during an official investigation;

(h) Impersonate any federal, state, county, city and county, or municipal official or inspector;

(i) Aid or abet another in any violation of this part 18 or of any rule adopted pursuant thereto;

(j) Refuse to permit entry or inspection in accordance with section 25-4-1809;

(k) Allow a certification issued pursuant to this part 18 to be used by an uncertificated person; or

(l) Make any misrepresentation or false promise, through advertisements, employees, agents, or otherwise, in connection with the business operations certificated pursuant to this part 18 or for which an application for a certification is pending.
C.R.S. § 25-8-703 — CO Code / Title 25 / Article 8 / Part 7 / Section 25-8-703
25-8-703. State contracts for construction of domestic wastewater treatment works
Status: repealed

25-8-703. State contracts for construction of domestic wastewater treatment works. (Repealed)
C.R.S. § 25-37-111 — CO Code / Title 25 / Article 37 / Section 25-37-111
25-37-111. Termination of contract - effect on payment terms - right to terminate - termina
Status: in_force

25-37-111. Termination of contract - effect on payment terms - right to terminate - termination of pharmacy contracts. (1) A term for compensation or payment shall not survive the termination of a contract, except for a continuation of coverage required by law or with the agreement of the health-care provider.

(2) In addition to the right to terminate a contract in accordance with section 25-37-104 (2) based on a material change to the contract, a contract with a duration of less than two years shall provide to each party a right to terminate the contract without cause, which termination shall occur with at least ninety days' written notice. For contracts with a duration of two or more years, termination without cause may be as specified in the contract.

(3) A contract between a pharmacist or a pharmacy and a pharmacy benefit manager, such as a pharmacy benefit management firm as defined in section 10-16-102, C.R.S., shall be terminated if the federal drug enforcement agency or other federal law enforcement agency ceases the operations of the pharmacist or pharmacy due to alleged or actual criminal activity.
C.R.S. § 25-5.5-116 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-116
25-5.5-116. Penalty
Status: in_force

25-5.5-116. Penalty. Any person or any agent or servant thereof who violates any of the provisions of this part 1, if the punishment for the violation is not elsewhere prescribed in this part 1, commits a petty offense.
C.R.S. § 25-14-201 — CO Code / Title 25 / Article 14 / Part 2 / Section 25-14-201
25-14-201. Short title
Status: in_force

25-14-201. Short title. This part 2 shall be known and may be cited as the "Colorado Clean Indoor Air Act".
C.R.S. § 25-45-108 — CO Code / Title 25 / Article 45 / Section 25-45-108
25-45-108. Effect on health-care coverage
Status: in_force

25-45-108. Effect on health-care coverage. Nothing in this section affects the mandatory health-care coverage for participation in clinical trials pursuant to section 10-16-106 (20), C.R.S.
C.R.S. § 25-2-120 — CO Code / Title 25 / Article 2 / Section 25-2-120
25-2-120. Reports of electroconvulsive treatment
Status: in_force

25-2-120. Reports of electroconvulsive treatment. (1) Any person who performs electroconvulsive treatment in the state of Colorado shall file a report with the department of public health and environment setting forth the data required by subsection (2) of this section. An institution in which electroconvulsive treatment is performed shall be the reporting entity for all electroconvulsive treatments performed at that institution.

(2) Such reports shall be made to the department of public health and environment on forms prescribed by the department within thirty days after January 1 and July 1 of each year on a semiannual basis and shall contain the following detailed information for each reporting period:

(a) The total number, broken down by inpatient and outpatient and exclusive of substance abuse, of adult psychiatric admissions, minor children psychiatric admissions, and readmissions of both;

(b) The number of patients within each category of paragraph (a) of this subsection (2) who received electroconvulsive treatment;

(c) Statistical information on each patient receiving electroconvulsive treatment including, but not limited to, the following:

(I) Diagnosis;

(II) Number of electroconvulsive treatments;

(III) Age;

(IV) Sex;

(V) Ethnicity;

(VI) Whether such patient was voluntary or involuntary;

(VII) Whether or not such patient was capable of giving his written informed consent;

(VIII) Whether or not any complications resulted from such electroconvulsive treatment, such as cardiac arrest, fracture, apnea, memory loss, or death (including autopsy results with particular attention to the brain);

(IX) The method of payment for such electroconvulsive treatment and, if applicable, the name of the insurance company making such payments.

(3) The name of the patient receiving electroconvulsive treatment shall remain confidential information and shall not be disclosed to the department, any other agency or individual. The forms prescribed by subsection (2) of this section shall not require any information which would disclose, directly or indirectly, the identity of the patient.
C.R.S. § 25-17-902 — CO Code / Title 25 / Article 17 / Part 9 / Section 25-17-902
25-17-902. Organics diversion study - report - funding
Status: in_force

25-17-902. Organics diversion study - report - funding. (1) The department shall conduct or cause to be conducted a study that explores what local governments, other state agencies, and other states are doing to facilitate the diversion of organic materials from landfills and creates policy and legislative recommendations, including the feasibility of requiring diversion of organic materials from landfills in Colorado.

(2) The department and any third party conducting the study pursuant to subsection (5) of this section shall engage with and seek input from stakeholders that have expertise and interest in organics diversion.

(3) The study must, at a minimum:

(a) Incorporate and utilize data contained in the SOMP, other existing Colorado studies, and research from other states;

(b) Review and identify how to leverage existing organics diversion projects in Colorado to inform implementation of broader organics diversion projects throughout Colorado;

(c) Consider the costs, feasibility, and benefits of diversion policies for both yard trimmings and food scraps. The report may evaluate the feasibility and benefits of policies aimed at increasing diversion of yard trimmings individually and food scraps individually or evaluate both combined.

(d) Regarding the benefits of diversion of organic materials from landfills:

(I) Evaluate the potential to extend the life of landfills by reducing the amount of organic materials landfilled;

(II) Evaluate the greenhouse gas emission avoidance of diverting organic materials from landfills; and

(III) Evaluate the water savings potential of applying finished compost to Colorado soils;

(e) Regarding the infrastructure needed to enable diversion of organic materials from landfills:

(I) Create actionable parameters to consider if and what type of facilities are needed to process organic materials and where the facilities should be located. Parameters may include population density, material type and volume generation, distance to existing infrastructure, access to transportation infrastructure, and potential for colocating with another facility, including a landfill, transfer station, or recycling facility.

(II) Provide a plan for how infrastructure may be funded and create a timeline for infrastructure development. The plan must include best practices from other states that have incentivized or facilitated development of organics processing infrastructure.

(III) Determine the best methods for collecting organic materials based on the materials, generators, population density, and types of collection facilities and vehicles;

(IV) Determine the sorting infrastructure, policies, or other mechanisms required to reduce contamination and sort out remaining contaminants;

(V) (A) Compare the distances required to transport organic materials to landfills by Colorado region versus current and potential distances required to transport organic materials to permitted composting operations; and

(B) Utilize the information gathered regarding the distances to develop recommendations to minimize emissions and transportation costs;

(VI) Evaluate the benefits of increasing organics processing capacity and the funding, infrastructure, and regulatory changes needed to build out necessary infrastructure within each Colorado region; and

(VII) Determine how to best serve areas with low population density and those at high altitudes. The study should examine different types of composting infrastructure, including in-vessel composting and anaerobic digestion.

(f) Regarding policies and regulations to enable diversion of organic materials from landfills:

(I) Where appropriate to support diversion of organic materials from landfills, recommend updates or amendments to existing state regulations to best accommodate, implement, monitor, and enforce any proposed organics diversion policies;

(II) Recommend diversion goals by Colorado region to the commission and, if needed, updates to goals identified in the commission's integrated solid waste and materials management plan; and

(III) Review and identify how other states monitor and enforce diversion policies at local and state levels;

(g) Regarding education and local support to enable diversion of organic materials from landfills:

(I) Determine the informational resources the department and other state agencies should develop for local governments to use to facilitate development of organics processing facilities needed for diverting yard trimmings and other organic materials. Informational resources may include model ordinances, sample siting guidelines, resources for funding, educational materials, resources on food donations, and an accessible map of where organics processing facilities are located in Colorado.

(II) Determine the education needed to ensure residents and businesses understand the value and operations of organics diversion programs; and

(III) Review and identify how other states have educated municipalities, businesses, and residents about organics diversion;

(h) Regarding end-market development of organic materials diverted from landfills:

(I) Evaluate how to combine the goal of diverting organic materials from landfills with creating resources for end-market development, including for production of compost, mulch, and biochar;

(II) Review and identify interdepartmental opportunities for partnerships in developing usage requirements for state agencies for diverted organic material end products, including public works projects, erosion control, wildfire mitigation and post-fire rehabilitation, agricultural application of compost, and mine or other reclamation projects;

(III) Review and identify how other states have developed end markets for organic material usage and incentivized end usage;

(IV) Review and identify the benefits of diverting materials from landfills, including using organic residuals to make compost and other products in order to build soil that provides the ecosystem services of sequestering carbon, reducing water needs, and providing resilience; and

(V) Determine whether there is a significant volume of compost, biochar, and mulch sold in Colorado that is produced out of state;

(i) Regarding the impacts specific to Colorado of diverting materials from landfills:

(I) Review and identify best practices in composting large quantities of woody materials in an arid climate and at high altitudes, including researching techniques such as biochar production and utilization, mycelium inoculation, and other accelerated composting methods that can help break down organic materials outside the confines of industrial compost facilities as often occurs in rural areas;

(II) Review and identify how to address the potential overstock of organic materials awaiting processing; and

(III) Review and identify best practices for diverting organic materials in communities with tourism-based economies that experience large influxes of visitor-generated food scraps during specific periods throughout the year; and

(j) Regarding funding sources to enable diversion of organic materials from landfills:

(I) Review and identify potential funding sources to support development of collection, contamination reduction, and processing infrastructure. Potential funding sources may include existing state funds, including the Colorado circular communities cash fund created in section 25-16.5-109 (4) and the Colorado economic development fund created in section 24-46-105; grants from other state agencies, including the department of local affairs created in section 24-1-125; federal funds; and generator- or producer-funded programs.

(II) Review and identify potential funding sources or fees that can be increased or improved to encourage or enable diversion of organic materials from landfills and provide increased resources needed for infrastructure and program development in all Colorado regions, including in rural and underserved communities; and

(III) Review and identify programs in other state agencies that overlap with diversion of organic materials from landfills, including public works projects, erosion control, wildfire mitigation and post-fire rehabilitation, agricultural application of compost, and mine or other reclamation projects.

(4) On or before August 1, 2024, the department shall submit a report to the agriculture and natural resources committee and the transportation and energy committee of the senate and the agriculture, water, and natural resources committee and the energy and environment committee of the house of representatives, or their successor committees. The report must include the study's research, findings, and recommendations, in accordance with subsection (3) of this section.

(5) (a) The department may contract a third party to conduct part or all of the study.

(b) The department may combine funding with other state agencies to hire a third party to conduct the study.
C.R.S. § 25-12-103 — CO Code / Title 25 / Article 12 / Section 25-12-103
25-12-103. Maximum permissible noise levels
Status: in_force

25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:

7:00 a.m. to 7:00 p.m. to

Zone next 7:00 p.m. next 7:00 a.m.

Residential 55 db(A) 50 db(A)

Commercial 60 db(A) 55 db(A)

Light industrial 70 db(A) 65 db(A)

Industrial 80 db(A) 75 db(A)

(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.

(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.

(4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control.

(5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project.

(6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

(7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.

(8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour.

(9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the "Public Utilities Law", articles 1 to 7 of title 40, C.R.S.

(b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12).

(c) For the purposes of this section:

(I) "Electric transmission facility" means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts.

(II) "Rights-of-way for electric transmission facilities" means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility.
C.R.S. § 25-15-206 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-206
25-15-206. Substantial change in ownership, design, or operation
Status: in_force

25-15-206. Substantial change in ownership, design, or operation. (1) A substantial change in the ownership of a hazardous waste disposal site, including an assignment or a transfer of the certificate of designation therefor, or in the design or operation of a hazardous waste disposal site, as "substantial change" is defined in rules and regulations of the commission, shall be submitted to the board of county commissioners or the governing body of the municipality for its approval before such change shall become effective; except that, in the case of a hazardous waste disposal site which was designated by the council pursuant to section 25-15-217, as said section existed upon its repeal, such change shall be subject to approval by the department.

(2) Any approval of a substantial change under this section shall be made only upon the finding of all of the factors required in section 25-15-203.

(3) The application for approval of a substantial change under this section shall be accompanied by a fee established by the jurisdiction whose approval is required for such substantial change, which fee shall not exceed ten thousand dollars and which fee may be refunded in whole or in part. If the department is not the approving jurisdiction, up to fifty percent of such fee shall be transmitted to the department to offset the costs of the department's review pursuant to section 25-15-202 (4), including possible costs of reimbursement to other state agencies which assist in such review.
C.R.S. § 25-1.5-121 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-121
25-1.5-121. Arie P
Status: repealed

25-1.5-121. Arie P. Taylor sickle cell disease outreach program - contracts - administration - report - legislative declaration - definition - repeal. (1) The general assembly finds and declares that:

(a) Sickle-cell anemia is a genetic disorder of the hemoglobin in red blood cells that causes red blood cells that carry oxygen to stick together after the oxygen is released, causing blockages in the small blood vessels;

(b) The main symptoms of sickle-cell anemia are anemia and episodes of severe pain caused by the blockages in the small blood vessels; over time, people with sickle-cell anemia are increasingly at risk of other health complications, and the disorder damages their organs;

(c) According to the 2022-23 "Colorado Sickle Cell State Action Plan" prepared by the Colorado sickle cell treatment and research center at the university of Colorado school of medicine, approximately four hundred fifty people in Colorado are living with sickle-cell anemia, although this number likely undercounts the population living with sickle cell disease;

(d) Due to the effects of sickle cell disease, including episodes of debilitating pain, many individuals living with sickle-cell anemia and their families need services and support in the community to manage their health condition and daily lives;

(e) Arie Parks Taylor was the first African American woman to serve as a Women in the Air Force, "WAF", classroom instructor and officer; to be elected to serve in the house of representatives of the Colorado general assembly; to serve as the clerk and recorder for the city and county of Denver or any county in Colorado; and to serve as the chief clerk of the Denver election commission;

(f) Passionate about the concerns of individuals living with sickle-cell anemia, during her time in the general assembly representative Taylor sponsored legislation that created the sickle-cell anemia treatment and research center at the university of Colorado school of medicine, which provides support and treatment for individuals with sickle cell disease and conducts research relating to sickle cell disease; and

(g) Creating an outreach program by partnering with one or more community-based nonprofit organizations to enhance services and support in the community for individuals with sickle cell disease and their families will help ensure a better quality of life for these Coloradans.

(2) As used in this section, unless the context otherwise requires, "outreach program" means the Arie P. Taylor sickle cell disease outreach program created in subsection (3) of this section.

(3) There is created in the department the Arie P. Taylor sickle cell disease outreach program. The purpose of the outreach program is to provide services and support in the community to individuals living with sickle cell disease and their families.

(4) (a) The department shall solicit applications from community-based nonprofit organizations that are capable of implementing the outreach program.

(b) (I) On or before January 1, 2025, the department shall contract with one or more community-based nonprofit organizations to provide community-based services and support to individuals living with sickle cell disease and their families.

(II) The general assembly shall appropriate two hundred thousand dollars for the outreach program, which amount shall include administrative costs not to exceed eight percent.

(c) The department shall determine the initial term of a contract, not to exceed two years, and shall approve the services and support to be included in a contract.

(d) In awarding a contract, the department shall give priority to a community-based nonprofit organization that:

(I) Has a minimum of ten years' experience in providing services and support in Colorado to individuals living with sickle cell disease and their families, specifically in the Denver metropolitan area or Colorado Springs, which areas of the state have the highest number of individuals living with sickle cell disease in Colorado;

(II) Has experience providing the services and support described in subsection (5)(a) of this section; and

(III) Is engaged in fundraising for and raising awareness of the needs of individuals living with sickle cell disease and their families and maintains a network of persons able to provide peer assistance and resources to those individuals.

(5) (a) Depending upon the needs to be addressed through a contract, the community-based services and support provided through the outreach program may include the following services and support provided by a community-based nonprofit organization or by community health workers or social workers employed by the community-based nonprofit organization:

(I) Culturally appropriate health education and information concerning sickle cell disease and living with sickle cell disease;

(II) Informal counseling and guidance on health behaviors;

(III) Direction and support to individuals and their families in locating and accessing services in the community to address their needs, including nonmedical needs such as housing, food, education, transportation, employment, legal services, and other support;

(IV) Outreach to the sickle cell disease community concerning activities and programs available to individuals living with the effects of sickle cell disease and their families;

(V) Peer support services and referrals for individuals and families living with sickle cell disease in the local community;

(VI) Advocacy regarding the interests of the sickle cell disease community through partnerships with the general public, state and local government entities, health-care providers, and other community-based organizations;

(VII) Referrals for sickle-cell anemia screening; and

(VIII) Any other services and support as determined by the department.

(b) In determining the services and support included in a contract, the department may consult with the sickle-cell anemia treatment and research center, created in section 23-21-203, to identify the community-based services and support that is likely to have the greatest impact on the individuals and families served through the outreach program given the amount and duration of the contract.

(6) (a) Prior to the expiration of a contract, a community-based nonprofit organization implementing the outreach program shall prepare and submit a written report to the department describing:

(I) The type and amount of services and support provided to the community pursuant to the outreach program;

(II) The number of individuals and families impacted through the services and support;

(III) The characteristics of the individuals receiving services and support, including whether the services and support was provided to adults or children with sickle cell disease or their family members, but excluding personally identifying information regarding the individuals; and

(IV) The location where the services and support was provided.

(b) The department shall provide the report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees. The department may include with the report information known to the department concerning the outcomes of the services and support provided, as well as other relevant information concerning the impact of the outreach program on individuals living with sickle cell disease and their families.

(7) This section is repealed, effective July 1, 2030.
C.R.S. § 25-1.5-302 — CO Code / Title 25 / Article 1.5 / Part 3 / Section 25-1.5-302
25-1.5-302. Administration of medications - powers and duties of department - record checks
Status: repealed

25-1.5-302. Administration of medications - powers and duties of department - record checks - rules. (1) The department has, in addition to all other powers and duties imposed upon it by law, the power to establish and maintain by rule a program for the administration of medications in facilities. The department of human services, the behavioral health administration, the department of health care policy and financing, and the department of corrections shall develop and conduct a medication administration program as provided in this part 3. A medication administration program developed pursuant to this subsection (1) must be conducted within the following guidelines:

(a) As a condition to authorizing or renewing the authorization to operate any facility that administers medications to persons under its care, the authorizing agency shall require that the facility have a staff member qualified pursuant to subsection (1)(b) of this section on duty at any time that the facility administers such medications and that the facility maintain a written record of each medication administered to each resident, including the date, time, and amount of the medication and the signature of the person administering the medication. Such record is subject to review by the authorizing agency as a part of the agency's procedure in authorizing the continued operation of the facility. Notwithstanding any exemption enumerated in subsection (1)(b) of this section, any facility may establish a policy that requires a person authorized to administer medication to report to, be supervised by, or be otherwise accountable for the performance of such administration to a registered nurse as defined in section 12-255-104.

(b) Any individual who is not otherwise authorized by law to administer medication in a facility shall be allowed to perform such duties only after passing a competency evaluation. An individual who administers medications in facilities in compliance with the provisions of this part 3 shall be exempt from the licensing requirements of the "Colorado Medical Practice Act", the "Nurse and Nurse Aide Practice Act", and the laws of this state pertaining to possession of controlled substances as contained in article 280 of title 12, part 2 of article 80 of title 27, or the "Uniform Controlled Substances Act of 2013", article 18 of title 18.

(2) (a) The department shall establish by rule the minimum requirements for course content, including competency evaluations, for medication administration and to determine compliance with the requirements for facilities licensed under this title.

(b) The department shall approve training entities for facilities licensed under this title and maintain a list of approved training entities. The department shall establish by rule the minimum requirements for training entities, including instructor qualifications and the approval process. Approved training entities shall provide the department with a list of all persons who have successfully completed a competency evaluation.

(c) Training entities shall also provide the department with any other pertinent information reasonably requested by the department pursuant to the department's obligation and authority under this section.

(d) The department shall publish and maintain a current list of all persons who have passed a competency evaluation from an approved training entity and paid the fee required by paragraph (e) of this subsection (2).

(e) The department shall set and collect a uniform fee for inclusion in the public competency listing. The department shall not include an individual on the public listing unless the individual has successfully completed a competency evaluation from an approved training entity and paid the fee established by the department. The revenue generated from the fee must approximate the direct and indirect costs incurred by the department in the performance of duties under this section.

(3) The department of human services, the department of health care policy and financing, and the department of corrections may develop and approve minimum requirements for course content, including competency evaluations, for individuals who administer medications in facilities whose operation is authorized by those departments. A department that administers competency evaluations shall maintain a public list of individuals who have successfully completed the competency evaluation.

(4) to (7) Repealed.

(8) Each owner, operator, or supervisor of a facility who employs a person who is not licensed to administer medications shall conduct a criminal background check on each employee prior to employment or promotion to a position in which the person has access to medications. When the results of a fingerprint-based criminal history record check of an employee performed pursuant to this section reveal a record of arrest without a disposition, the owner, operator, or supervisor of the facility shall require that employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(9) Every unlicensed person and qualified manager described in this section, as a condition of employment or promotion to a position in which he or she has access to medications, shall sign a disclosure statement under penalty of perjury stating that he or she never had a professional license to practice nursing, medicine, or pharmacy revoked in this or any other state for reasons directly related to the administration of medications.

(10) A person who, on or before July 1, 2017, is authorized to administer medication pursuant to this section is not required to complete additional training but is otherwise subject to this section.
C.R.S. § 25-4-609 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-609
25-4-609. Effect of order requiring inoculation of animals
Status: in_force

25-4-609. Effect of order requiring inoculation of animals. Sections 25-4-610 and 25-4-611 shall be in force and effect only in those counties, districts, or portions of counties or districts where an order requiring inoculation of all dogs, cats, other pet animals, or other mammals is in effect.
C.R.S. § 25-5.5-303 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-303
25-5.5-303. Ice cream - standards
Status: in_force

25-5.5-303. Ice cream - standards. (1) Ice cream is a food which is prepared by freezing or partially freezing, while stirring, a pasteurized mix composed of one or more of the optional dairy ingredients specified in subsection (2) of this section, which is sweetened with one or more of the optional sweetening ingredients specified in subsection (3) of this section, and which is flavored with one or more of the optional flavoring ingredients specified in subsection (4) of this section. One or more of the optional egg ingredients specified in subsection (5) of this section, one or more of the optional stabilizing ingredients specified in subsection (6) of this section, and one or more of the optional pH adjusting and protein stabilizing ingredients specified in subsection (7) of this section may be used, subject to the conditions set forth in subsections (5), (6), and (7) of this section. Harmless coloring may be added. The mix may be seasoned with salt and may be homogenized. Water may be added. The kind and quantity of optional dairy ingredients used and the content of milk fat and total milk solids shall be such that the weights of milk fat and total milk solids are not less than ten percent and twenty percent respectively of the weight of the finished ice cream; but, when one or more of the optional flavoring ingredients specified in paragraphs (d) to (k) of subsection (4) of this section are used, then the weights of milk fat and total milk solids shall not be less than ten percent and twenty percent respectively, except for such reduction in milk fat and in total milk solids as is due to the addition of one or more of the optional ingredients specified in paragraphs (d) to (k) of subsection (4) of this section, but in no case shall it contain less than eight percent of milk fat nor less than eighteen percent of total milk solids. Ice cream shall contain not less than one and six-tenths pounds of total food solids per gallon and shall weigh not less than four and one-half pounds per gallon.

(2) The optional dairy ingredients referred to in subsection (1) of this section are cream, dried cream, butter, butter oil, concentrated milk fat, milk, concentrated milk, evaporated milk, sweetened condensed milk, superheated condensed milk, dried milk, skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, sweetened condensed partly skimmed milk, nonfat dry milk solids, liquid or condensed or dried sweet cream buttermilk, or dried whey solids or any of such products from which all or a portion of the lactose has been removed by crystallization or the lactose has been converted to simple sugars by hydrolysis if such products are approved as suitable optional dairy ingredients by the department. Citric acid, ascorbic acid, lecithin, tocopherols, or other harmless optional ingredients, which are approved by the department for the purpose of preventing fat oxidation in any of such optional dairy ingredients, may be added in amounts not to exceed five-thousandths of one percent of the weight of the butterfat present in such dairy ingredients.

(3) The optional sweetening ingredients referred to in subsection (1) of this section are sugar (sucrose), sugar syrup, dextrose, invert sugar (paste or syrup), lactose, corn sugar, dried or liquid corn syrup, glucose syrup, maple syrup, maple sugar, honey, brown sugar, maltose syrup, malt syrup, dried malt syrup, dried maltose syrup, malt extracts in liquid or dried form, refiners' syrup, and molasses other than blackstrap.

(4) The optional flavoring ingredients referred to in subsection (1) of this section are:

(a) Harmless natural food flavoring, including, but not limited to, ground spice, ground vanilla beans, and infusion of coffee or tea;

(b) Harmless artificial food flavoring;

(c) Fruit juice, which may be fresh, frozen, canned, concentrated, or dried and which may be sweetened and thickened with one or more of the optional stabilizing ingredients specified in subsection (6) of this section;

(d) Chocolate;

(e) Cocoa;

(f) Fruit, including cocoanut, which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and acidulated with citric, tartaric, malic, lactic, or ascorbic acid;

(g) Nut meats;

(h) Confectionery;

(i) Malted milk;

(j) Properly prepared and cooked cereal;

(k) Any distilled alcoholic beverage, including a liqueur, or any wine or any mixture of two or more thereof.

(5) The optional egg ingredients referred to in subsection (1) of this section are liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks, and dried yolks; but the total weight of egg yolk solids in any of such ingredients used singly or used in any combination of two or more of such ingredients shall be less than the minimum prescribed in section 25-5.5-304 for French ice cream.

(6) The optional stabilizing ingredients specified in subsection (1) of this section are gelatin, algin, sodium carboxymethycellulose, extract of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, oat gum, guar seed gum, calcium sulfate, monoglycerides or diglycerides or both of fat forming fatty acids except lauric acid, or other harmless stabilizers or emulsifiers (surface active agents) approved by the department; but the total weight of the active material contained in the solids of any of such ingredients used singly or used in any combination of two or more of such ingredients shall not be more than one-half of one percent of the weight of the finished ice cream.

(7) (a) The following optional harmless ingredients or combinations thereof may be added to control viscosity, adjust protein stability, and adjust the pH of the combined mix ingredients:

(I) Neutralizers which are approved by the department;

(II) Sodium citrate;

(III) Sodium phosphates.

(b) The total of ingredients included in subparagraph (I) of paragraph (a) of this subsection (7) shall not exceed one-tenth of one percent by weight of the finished mix; nor shall the weight of ingredients included in subparagraphs (II) and (III) of paragraph (a) of this subsection (7) exceed two-tenths of one percent by weight of the finished mix.

(8) It is further provided that the percentage of developed lactic acid in the mix prior to the addition of the optional ingredients listed in subsections (6) and (7) of this section shall not exceed three-thousandths of one percent by weight for each one percent of milk-solids-non-fat present in the mix.
C.R.S. § 25-7-1306 — CO Code / Title 25 / Article 7 / Part 13 / Section 25-7-1306
25-7-1306. Agencies of state to cooperate
Status: in_force

25-7-1306. Agencies of state to cooperate. (1) Agencies of the state, including but not limited to the division, may provide technical assistance, training, and consultation to the tribe to carry out the purposes of the intergovernmental agreement and this part 13.

(2) The general assembly authorizes state agencies to perform duties on behalf of the commission to administer the reservation air program. State agencies may contract with the tribe to receive payment for the reasonable cost of the services state employees perform for the tribe or the commission.
C.R.S. § 25-49-105 — CO Code / Title 25 / Article 49 / Section 25-49-105
25-49-105. No review of health-care prices - no punishment for exercising rights - no impai
Status: in_force

25-49-105. No review of health-care prices - no punishment for exercising rights - no impairment of contracts. (1) Nothing in this article 49 requires a health-care facility or health-care provider to report its health-care prices to any agency for review, filing, or other purposes, or for applications for health-care professional loan repayment submitted pursuant to section 25-1.5-503. This article 49 does not grant any agency the authority to approve, disapprove, or limit a health-care facility's or health-care provider's health-care prices or changes to its health-care prices. The department of public health and environment is not authorized to take any action regarding or pursuant to this article 49.

(2) This article 49 is intended to make health-care prices and payments, and participating in or exercising rights under this article 49, free from paperwork, punishment, reporting, and regulation to the fullest extent permissible under the state constitution and state and federal law. A person, entity, agency, or health insurer shall not punish a recipient, health-care provider, health-care facility, person, entity, or employer for participating directly in, exercising rights under, or complying with this article 49. The health-care price for a given health-care service that a health-care provider or health-care facility makes available to the public pursuant to this article 49 shall not be used as the basis for determining payment rates from a public or private third party for that health-care service.

(3) Nothing in this article 49 impairs contracts between private parties.
C.R.S. § 25-53-201 — CO Code / Title 25 / Article 53 / Part 2 / Section 25-53-201
25-53-201. Definitions
Status: in_force

25-53-201. Definitions. As used in this part 2:

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

(2) "Office" means the office of cardiac arrest management created in section 25-53-202.

(3) "Public access defibrillator" means an automated external defibrillator approved for sale by the federal food and drug administration and available for use by the general public.

(4) "Sudden cardiac arrest" means the sudden and unexpected cessation of cardiac mechanical activity.
C.R.S. § 25-7-122.5 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-122.5
25-7-122.5. Enforcement of chlorofluorocarbon regulations
Status: in_force

25-7-122.5. Enforcement of chlorofluorocarbon regulations. (1) Whenever the division has reason to believe that any person has violated the rules and regulations promulgated pursuant to section 25-7-105 (11), the division may issue a notice of violation or a cease-and-desist order. Such notice or order shall set forth the rule or regulation alleged to have been violated, the facts constituting such violation, and any measures which the person is required to take. In addition, if the division finds that a person is in violation of any rule or regulation promulgated pursuant to section 25-7-105 (11), it may assess a fine of up to one thousand dollars for each violation.

(2) Any person who has been issued a notice of violation or a cease-and-desist order or who has been ordered to pay a fine may request a hearing before the commission to contest the notice, order, or fine. Such request shall be filed within thirty days after the notice or order has been issued or the fine has been assessed. Upon such request, a hearing shall be held before the commission within a reasonable time.

(3) After a hearing pursuant to subsection (2) of this section, any person aggrieved by the determination of the commission may seek judicial review of the commission's order within thirty days after entry thereof in the district court for the judicial district in which the violation occurred.

(4) All fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.