C.R.S. § 25-8-502 — CO Code / Title 25 / Article 8 / Part 5 / Section 25-8-502
25-8-502. Application - definitions - fees - funds created - public participation - repeal
Status: repealed

25-8-502. Application - definitions - fees - funds created - public participation - repeal. (1) For the purposes of this section:

(a) "Animal feeding operation" or "CAFO" means a lot or facility, other than an aquatic animal production facility, where:

(I) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and

(II) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(b) "Categorical effluent standards" means those standards established by the federal environmental protection agency pursuant to section 307 (b) of the federal act.

(c) "Discharge" means the discharge of pollutants, and includes land application.

(d) "Gallons per day" is based on design capacity of the facility, not flow.

(e) "Land application" is any discharge being applied to the land for treatment purposes.

(f) "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:

(I) Owned or operated by a state, city, town, county, district, association, or other public body created by or pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, drainage district, or similar entity, or a designated and approved management agency under section 208 of the federal act that discharges to state waters;

(II) Designed or used for collecting or conveying storm water;

(III) Not a combined sewer; and

(IV) Not part of a publicly owned treatment works.

(g) "Significant industrial discharger" means an industrial discharger that meets one or more criteria established by the federal environmental protection agency pursuant to section 307 (b) of the federal act.

(1.1) For each regulated activity listed in this subsection (1.1), the division may assess an annual permit fee and a nonrefundable permit application fee for new permits that must equal fifty percent of the annual permit fee. The full amount of the application fee is credited toward the annual permit fee. All such fees must be in accordance with the following schedules:

(a) The animal agriculture sector includes annual fee schedules for regulated activities associated with animal feeding operations as follows:

(I) General permit: The division shall assess a CAFO an annual permit fee not to exceed two hundred fifty dollars plus four cents per animal unit, based on the CAFO's permitted capacity; except that, from July 1, 2009, through June 30, 2025, the division shall assess a CAFO an annual permit fee not to exceed seven hundred fifty dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.

(II) Individual permit: The division shall assess a CAFO an annual permit fee not to exceed five hundred dollars plus eight cents per animal unit, based on the CAFO's permitted capacity; except that, from July 1, 2009, through June 30, 2025, the division shall assess a CAFO an annual permit fee not to exceed one thousand five hundred dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.

(III) (A) Effective July 1, 2009, through June 30, 2025, the division shall assess an unpermitted CAFO an annual administrative fee, not to exceed six cents per animal unit, based upon the CAFO's registered capacity, to cover the direct and indirect costs associated with the environmental agriculture program, including inspections, compliance assurance, compliance assistance, and associated regulatory interpretation and review.

(B) This subsection (1.1)(a)(III) is repealed, effective July 1, 2025.

(IV) (A) Except as otherwise provided in this subsection (1.1)(a)(IV), the division shall assess on each housed commercial swine feeding operation an annual permit fee, not to exceed twenty cents per animal, based on the operation's working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1.

(B) From July 1, 2009, through June 30, 2025, the division shall assess on each housed commercial swine feeding operation an annual permit fee, not to exceed twenty-six cents per animal, based on the operation's working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1. This subsection (1.1)(a)(IV)(B) is repealed, effective July 1, 2025.

(C) As used in this subsection (1.1)(a)(IV), "working capacity" means the number of swine the housed commercial swine feeding operation is capable of housing at any one time.

(b) The commerce and industry sector includes annual fee schedules for regulated activities associated with mining, hydrocarbon refining, sugar processing, industrial storm water, utilities not included in the private and public utilities sector, manufacturing activities, commercial activities, and all other industrial activities as follows:

Facility Categories and Subcategories

for Permit Fees within the Commerce and Industry Sector

Annual Fees

(I) Sand and gravel and placer mining:

(A) Pit dewatering only$805

(B) Pit dewatering or wash-water discharge$918

(C) Mercury use with discharge impact$1,030

(D) Storm water discharge only$700

(II) Coal mining:

(A) Sedimentation ponds, surface runoff only$1,578

(B) Mine water, preparation plant discharge$2,125

(III) Hardrock mining:

(A) Mine dewatering from 0 up to 49,999 gallons

per day$1,835

(B) Mine dewatering from 50,000 up to

999,999 gallons per day$3,462

(C) Mine dewatering, 1,000,000 gallons

per day or more$5,281

(D) Mine dewatering and milling with

no discharge$5,281

(E) Mine dewatering and milling

with discharge$15,907

(F) No discharge$1,835

(G) Milling with discharge from 0 up to 49,999 gallons

per day$5,394

(H) Milling with discharge, 50,000 gallons

per day or more$10,755

(IV) Oil shale:

(A) Sedimentation ponds, surface runoff only$3,204

(B) Mine water from 0 up to 49,999

gallons per day$3,462

(C) Mine water from 50,000 up to 999,999

gallons per day$4,299

(D) Mine water from 1,000,000 gallons

per day or more$4,186

(E) Mine water and process water discharge$15,907

(F) No discharge$2,946

(V) General permits:

(A) Sand and gravel with process discharge

and storm water$435

(B) Sand and gravel without process discharge

- storm water only$121

(C) Placer mining$837

(D) Coal mining$1,256

(E) Industrial - single municipal industrial

- storm water only$298

(F) Active mineral mines less than ten acres

- storm water only$201

(G) Active mineral mines - ten acres or more

- storm water only$604

(H) Inactive mineral mines - storm water only$121

(I) Department of transportation - sand and

gravel storm-water permit$7,020

(J) Coal degasification - process water

from 0 up to 49,999 gallons per day$3,462

(K) Coal degasification - process water from

50,000 up to 99,999 gallons per day$5,281

(L) Coal degasification - process water,

100,000 gallons per day or more$15,907

(M) Minimal discharge of industrial or

commercial waste waters - general permit$630

(VI) Power plants:

(A) Cooling water only, no discharge$1,835

(B) Process water from 0 up to 49,999

gallons per day$3,462

(C) Process water from 50,000 up to 999,999

gallons per day$5,281

(D) Process water from 1,000,000 up to 4,999,999

gallons per day$15,907

(E) Process water, 5,000,000 gallons per

day or more$15,907

(VII) Sugar processing:

(A) Cooling water only, no discharge$1,948

(B) Process water from 0 up to 49,999

gallons per day$2,383

(C) Process water from 50,000 up to 999,999

gallons per day$5,957

(D) Process water from 1,000,000 up to 4,999,999

gallons per day$15,907

(E) Process water, 5,000,000 gallons

per day or more$15,907

(VIII) Petroleum refining:

(A) Cooling water only, no discharge$1,835

(B) Process water from 0 up to 49,999 gallons

per day$4,122

(C) Process water from 50,000 up to 999,999

gallons per day$5,289

(D) Process water from 1,000,000 up to 4,999,999

gallons per day$15,907

(E) Process water, 5,000,000 gallons per

day or more$15,907

(IX) Fish hatcheries$1,320

(X) Manufacturing and other industry:

(A) Cooling water only$1,835

(B) Process water from 0 up to 49,999

gallons per day$3,462

(C) Process water from 50,000 up to 999,999

gallons per day$5,281

(D) Process water from 1,000,000 up to 4,999,999

gallons per day$15,907

(E) Process water from 5,000,000 up to 19,999,999

gallons per day$19,545

(F) Process water, 20,000,000 gallons

per day or more$31,814

(G) No discharge$2,383

(H) Amusement and recreation services$2,383

(XI) Individual industrial storm-water permits:

(A) Individual industrial - less than ten acres$475

(B) Individual industrial - ten acres or more$604

(C) Individual industrial - storm water only

- international airports$10,014

(c) The construction sector includes annual fee schedules for regulated activities associated with construction activities as follows:

(I) Repealed.

(II) General permits:

(A) to (D) Repealed.

(E) Department of transportation (DOT) -

storm-water construction discharges from

projects where DOT is the permittee -

statewide permit$9,400

(F) Minimal discharge of industrial or

commercial wastewater$630

(G) Low complexity$820

(H) High complexity$2,000

(I) Construction - storm water only; less than

1 acre of disturbed area$165

(J) Construction - storm water only;

from 1 acre to less than 30 acres$350

(K) Construction - storm water only;

30 acres or more of disturbed area$540

(III) The fee for an individual permit for construction activity is four thousand four hundred dollars; and

(IV) The division shall use the construction sector fee revenue collected pursuant to this section or, on and after July 1, 2026, pursuant to commission rules adopted under section 25-8-210 (1)(a)(III), to continue to fund the administration and oversight of the construction sector, including services provided under the alternative compliance assurance model. The division shall not use the revenue to fund additional enforcement staff unless such funding is included in a commission fee-setting rule. An alternative compliance assurance model includes:

(A) Increasing inspections of the construction sector to meet compliance objectives identified by the federal environmental protection agency;

(B) Implementing a compliance strategy that relies on increased assistance and follow-up to obtain an overall increase in compliance instead of increased reliance on enforcement;

(C) Targeting additional compliance assistance towards permittees to seek increased compliance, including: Streamlined site visits that provide initial assistance consultations and increased assistance resources such as guidance documents, presentations, and online resources; review and response to the inspected entity's written response to the inspection; follow-up inspections and additional inspections for owners and operators with systemic violations; and increased overall inspection frequency;

(D) Maintaining and increasing current service levels of administration and oversight for the division's storm water management system administrator program; and

(E) Targeting enforcement towards operators that show chronic violations, significant violations, or recalcitrant response actions.

(d) The pesticide sector includes annual fee schedules for regulated activities associated with pesticide applications that are regulated under the federal act as follows: For a general permit, decision makers with pesticide application on or over waters of the state that are subject to annual reporting requirements under the pesticide general permit, an annual fee of two hundred eighty-one dollars.

(e) The public and private utilities sector includes annual fee schedules for regulated activities associated with the operation of domestic wastewater treatment works, water treatment facilities, reclaimed water systems, and industrial operations that discharge to a domestic wastewater treatment works as follows:

Facility Categories and Subcategories for

Permit Fees within the Public and

Private Utilities Sector

Annual Fees

(I) Water treatment plants:

(A) Intermittent discharge$695

(B) Routing discharge$1,000

(II) General permits:

(A) Water treatment plants - intermittent

discharge$580

(B) Water treatment plants - routine discharge$872

(C) Discharges associated with treated water

distribution systems for a population of

3,300 or fewer$128

(D) Discharges associated with treated

water distribution systems for

a population from 3,301 up to 9,999$256

(E) Discharges associated with treated

water distribution systems for a

population of 10,000 or more$384

(III) Domestic wastewater - lagoons:

(A) Sewage from 0 up to 49,999 gallons per day$641

(B) Sewage from 50,000 up to 99,999 gallons

per day$1,031

(C) Sewage from 100,000 up to 499,999 gallons

per day$1,501

(D) Sewage from 500,000 up to 999,999 gallons

per day$2,586

(E) Sewage from 1,000,000 up to 1,999,999 gallons

per day$3,867

(F) Sewage, 2,000,000 gallons per day or more$7,881

(IV) Domestic wastewater - mechanical plants:

(A) Sewage from 0 up to 19,999 gallons per day$750

(B) Sewage from 20,000 up to 49,999 gallons

per day$1,196

(C) Sewage from 50,000 up to 99,999 gallons

per day$1,757

(D) Sewage from 100,000 up to 499,999 gallons

per day$2,733

(E) Sewage from 500,000 up to 999,999 gallons

per day$4,538

(F) Sewage from 1,000,000 up to 2,499,999 gallons

per day$7,430

(G) Sewage from 2,500,000 up to 9,999,999 gallons

per day$13,920

(H) Sewage from 10,000,000 up to 49,999,999

gallons per day$24,132

(I) Sewage from 50,000,000 up to 99,999,999

gallons per day$27,840

(J) Sewage, 100,000,000 gallons per day or more$30,622

(V) Domestic facilities discharge to unclassified waters - general permit:

(A) Sewage from 0 up to 49,999 gallons per day$555

(B) Sewage from 50,000 up to 199,999 gallons

per day$976

(C) Sewage from 200,000 up to 599,999 gallons

per day$1,427

(D) Sewage from 600,000 up to 999,999 gallons

per day$2,269

(VI) Industrial dischargers subject to categorical effluent standards discharging to publicly owned treatment works with pretreatment programs, not including categorical industries subject to zero-discharge standards:

(A) Very low flow - less than 100 gallons per day$356

(B) 100 up to 9,999 gallons per day$853

(C) 10,000 up to 50,000 gallons per day$1,277

(D) More than 50,000 gallons per day$1,704

(VII) All other significant industrial dischargers discharging to publicly owned treatment works with pretreatment, including categorical industries subject to zero-discharge standards:

(A) Less than 10,000 gallons per day$214

(B) 10,000 up to 50,000 gallons per day$426

(C) More than 50,000 gallons per day$567

(D) Pit dewatering only$329

(VIII) Industrial dischargers subject to categorical effluent standards discharging to publicly owned treatment works without pretreatment programs, not including categorical industries subject to zero-discharge standards:

(A) Less than 10,000 gallons per day$994

(B) 10,000 up to 50,000 gallons per day$1,562

(C) More than 50,000 gallons per day$2,130

(IX) All other significant industrial dischargers discharging to publicly owned treatment works without pretreatment programs, including categorical industries subject to zero-discharge standards:

(A) Less than 10,000 gallons per day$426

(B) 10,000 up to 50,000 gallons per day$639

(C) More than 50,000 gallons per day$853

(X) Domestic wastewater - lagoons:

(A) Sewage from 0 up to 49,999 gallons per day$92

(B) Sewage from 50,000 up to 99,999 gallons

per day$92

(C) Sewage from 100,000 up to 499,999 gallons

per day$92

(D) Sewage from 500,000 up to 999,999 gallons

per day$92

(E) Sewage from 1,000,000 up to 2,499,999 gallons

per day$99

(F) Sewage, 2,500,000 gallons per day or more$115

(XI) Domestic wastewater - mechanical plants:

(A) Sewage from 0 up to 19,999 gallons per day$92

(B) Sewage from 20,000 up to 49,999 gallons per day$92

(C) Sewage from 50,000 up to 99,999 gallons per day$92

(D) Sewage from 100,000 up to 499,999 gallons

per day$92

(E) Sewage from 500,000 up to 999,999 gallons

per day$92

(F) Sewage from 1,000,000 up to 2,499,999 gallons

per day$99

(G) Sewage from 2,500,000 up to 9,999,999 gallons

per day$115

(H) Sewage from 10,000,000 up to 49,999,999

gallons per day$128

(I) Sewage from 50,000,000 up to 99,999,999

gallons per day$143

(J) Sewage, 100,000,000 gallons per day or more$156

(XII) Wastewater reuse authorizations:

(A) Facility capacity of less than 100,000

gallons per day$549

(B) Facility capacity from 100,000 gallons to

499,999 gallons per day$1,025

(C) Facility capacity from 500,000 gallons to

999,999 gallons per day$1,708

(D) Facility capacity from 1,000,000 gallons to

2,499,999 gallons per day$2,806

(E) Facility capacity from 2,500,000 gallons to

9,999,999 gallons per day$5,246

(F) Facility capacity, 10,000,000 gallons per

day or more$7,686

(XIII) and (XIV) Repealed.

(f) The municipal separate storm sewer systems sector includes annual fees for regulated activities associated with the operation of municipal separate storm sewer systems, as follows:

Facility Categories and Subcategories for

Permit Fees within the Municipal Separate

Storm Sewer System Sector

Annual Fees

(I) MS4 general permits:

(A) Storm water municipal for a population

of 10,000 or fewer$462

(B) Storm water municipal for a population

from 10,000 up to 49,999$1,053

(C) Storm water municipal for a population

from 50,000 up to 99,999$2,626

(D) Storm water municipal for a population

of 100,000 or more$5,265

(II) MS4 individual permits:

(A) Municipalities with a population from

10,000 up to 49,999$1,619

(B) Municipalities with a population from

50,000 up to 99,999$4,043

(C) Municipalities with a population from

100,000 up to 249,999$8,093

(D) Municipalities with a population of

250,000 or more$13,754

(E) Statewide permit for municipal separate

storm water systems, owned or

operated by the department of

transportation, in municipal areas

where storm water permits are required$5,668

(1.2) (a) For the activities listed in this subsection (1.2) associated with reviewing requests for certifications under section 401 of the federal act and this article 8, known as "401 certificates", the division may assess a fee for the review. There is hereby created in the state treasury the water quality certification sector fund, which consists of fees collected pursuant to this subsection (1.2). The division shall transmit the fees to the state treasurer, who shall credit them to the water quality certification sector fund. All such fees must be in accordance with the following schedules:

(I) The fee for a tier 1 project is one thousand one hundred twenty-two dollars, which must be submitted with the certification application. Tier 1 projects are projects that incur minimal costs and minimal water quality impacts. Tier 1 includes certifications of channel stabilization projects and single drainage improvement projects. Typical characteristics of tier 1 projects may include all or some of the following:

(A) The potential for minimal impacts to water quality;

(B) A low level of public participation;

(C) No more than standard coordination with federal, state, or local agencies may be required;

(D) Limited technical assistance may be needed.

(II) The fee for a tier 2 project is three thousand eight hundred seventy-six dollars, which must be submitted with the certification application. Tier 2 projects are projects that incur moderate costs and potential water quality impacts. Tier 2 includes certifications of projects that affect multiple drainages. Typical characteristics of tier 2 projects may include all or some of the following:

(A) The potential for minimal impacts to water quality;

(B) A basic to high level of public participation may be required with potential for participation in public meetings or hearings held by outside parties;

(C) More than the standard level of coordination with multiple federal, state, or local agencies may be required, including one or more meetings or pre-application site visits;

(D) A moderate and ongoing level of technical assistance may be needed;

(E) Compensatory mitigation review may be required;

(F) Review of a full evaluation and findings report if needed; or

(G) If the certification is appealed, addressing an appeal of the division's water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.

(III) The fee for a tier 3 project is calculated on an hourly rate based on the actual costs of division staff and contractor time. Tier 3 projects are projects that involve a large watershed area, a high degree of complexity, or high potential for water quality impacts. Tier 3 includes certifications of federal energy regulatory commission relicensing projects or projects involving more long-term water quality impacts. Typical characteristics of tier 3 projects may include all or some of the following:

(A) The potential for greater, permanent water quality impacts if one or more of the following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;

(B) A high level of public participation, including extensive public comments and the potential for one or more public meetings or hearings conducted by the division or outside parties;

(C) Substantially more than standard coordination with multiple federal, state, or local agencies may be required, including one or more meetings;

(D) A high level of iterative technical assistance may be required or substantive project revisions may be received;

(E) The potential for complex compensatory mitigation review;

(F) A site visit may be needed to understand impacts and advise on potential alternatives;

(G) The review of a full evaluation and findings report if needed; or

(H) If the certification is appealed, addressing an appeal of the division's water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.

(IV) The fee for a tier 4 project is calculated on an hourly rate based on the actual costs of division staff and contractor time. Tier 4 projects are projects that involve multiple or large watershed areas, a very high degree of complexity, a very high potential for water quality impacts, or a high level of public participation. Tier 4 includes transmountain water supply projects. Typical characteristics of tier 4 projects may include all or some of the following:

(A) The potential for greater water quality impacts if one or more of the following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;

(B) A high level of public participation, including extensive public comments and the potential for one or more public meetings or hearings conducted by the division or outside parties;

(C) Substantially more coordination than is standard with multiple federal, state, or local agencies may be required, including one or more meetings;

(D) A high level of iterative technical assistance may be required or substantive project revisions may be received;

(E) The potential for complex compensatory mitigation review;

(F) A site visit may be needed to understand impacts and advise on potential alternatives;

(G) Coordination with the governor's office in conjunction with other state agencies, tribal nations, and the federal government may be required;

(H) To the extent pertinent, review of additional documents, such as federal "National Environmental Policy Act" resource reports, environmental assessments, and environmental impact statements;

(I) If needed, to the extent not addressed in the documents addressed in sub-subparagraph (H) of this subparagraph (IV) and consistent with the requirements of this article and of the rules promulgated pursuant to this article, review and use of a full evaluation and findings report; or

(J) If the certification is appealed, addressing an appeal of the division's water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.

(b) For tier 3 and tier 4 projects, the division may assess fees for services provided by the division prior to the applicant submitting a formal water quality certification application, which fees must reflect the actual cost of division staff and contractor time.

(c) For tier 3 and tier 4 projects, the division may assess fees for services provided by the division to monitor the projects certified with conditions, which fees must reflect the actual cost of division staff and contractor time.

(1.3) For each service listed below, the division may assess a fee for the service, and all such fees must be in accordance with the following schedules:

(a) Amendments to permits associated with the commerce and industry sector, construction sector, pesticides application, public and private utility sector under subsection (1.1) of this section, and amendments to permits issued through June 30, 2018, associated with regulated activities in subparagraph (IV) of the animal agriculture sector in paragraph (a) of subsection (1.1) of this section:

(I) Minor amendment: An amount equal to twenty-five percent of the annual fee for the permit being amended, not to exceed two thousand eight hundred ten dollars;

(II) Major amendment: An amount equal to fifty-five percent of the annual fee for the permit being amended, not to exceed five thousand nine hundred fifty dollars;

(b) Preliminary effluent limitations:

(I) In accordance with section 25-8-702, the division may assess a fee, as set forth in the schedules in this paragraph (b), for the determination of preliminary effluent limitations upon a domestic wastewater treatment works pursuant to the site location approval process. All such fees shall be paid in advance of any work done.

(II) At the request of an entity that is not a domestic wastewater treatment works, and upon payment of the appropriate fee as set forth in the schedules in this paragraph (b), the division may determine preliminary effluent limits for a proposed discharge as described by the requester.

(III) Fees set forth in the schedules established in this paragraph (b) are increased by an amount equal to seventy-five percent of the applicable fee for each set of preliminary effluent limitations requested by domestic wastewater treatment works for discharges to second or additional receiving water bodies.

(IV) The division may, where an entity requests modification of existing division-approved preliminary effluent limitations, complete the modification for a fee equal to twenty-five percent of the applicable fee as set forth in the schedules in this paragraph (b).

Facility Categories and

Subcategories for Preliminary

Effluent Limitations

Fees

(V) Preliminary effluent limitations for individual permits:

(A) Less than 100,000 gallons per day$2,562

(B) 100,000 to 999,999 gallons per day$5,124

(C) 1,000,000 to 9,999,999 gallons per day$7,686

(D) 10,000,000 or more gallons per day$10,248

(VI) Preliminary effluent limitations for

general permits from 0 up to 1,000,000

gallons per day$1,281

(VII) Preliminary effluent limitations for discharges to groundwater:

(A) Minor facilities, less than 1,000,000 gallons

per day$641

(B) Major facilities, 1,000,000 gallons

per day or more$1,025

(VIII) Review of preliminary effluent limitations for individual permits professionally prepared by others:

(A) Minor facilities, less than 1,000,000 gallons

per day$1,922

(B) Major facilities, 1,000,000 gallons

per day or more$3,843

(c) Wastewater site applications and design reviews:

Facility Categories and Subcategories

for Wastewater Site Applications

and Design Reviews

Fees

(I) Wastewater site applications:

(A) Wastewater treatment plants, less than 100,000 gallons per day:

New$9,440

Expansion$7,553

(B) Wastewater treatment plants from 100,000 to 999,999 gallons per day:

New$18,882

Expansion$15,105

(C) Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per day:

New$28,322

Expansion$22,658

(D) Wastewater treatment plants, 10,000,000 gallons per day or more:

New$37,763

Expansion$30,211

(E) Lift stations, less than 100,000 gallons per day:

New$2,361

Expansion$1,889

(F) Lift stations from 100,000 to 999,999 gallons per day:

New$4,720

Expansion$3,776

(G) Lift stations from 1,000,000 to 9,999,999 gallons per day:

New$7,081

Expansion$5,664

(H) Lift stations, 10,000,000 gallons per day or more:

New$9,440

Expansion$7,553

(I) Amendments to site applications concerning

a change from gas chlorination to liquid

chlorination or from any form of

chlorination to ultraviolet light

disinfection, less than 100,000

gallons per day$550

(J) Amendments to site applications concerning

a change from gas chlorination to liquid chlorination

or from any form of chlorination to ultraviolet light

disinfection from 100,000 to 999,999 gallons per day$1,102

(K) Amendments to site applications concerning a change

from gas chlorination to liquid chlorination or from any

form of chlorination to ultraviolet light disinfection

from 1,000,000 to 9,999,999 gallons per day$1,652

(L) Amendments to site applications concerning a change

from gas chlorination to liquid chlorination or from any

form of chlorination to ultraviolet light disinfection,

10,000,000 gallons per day or more$2,203

(M) Other amendments to site application, less than

100,000 gallons per day$787

(N) Other amendments to site applications from

100,000 to 999,999 gallons per day$1,574

(O) Other amendments to site applications

from 1,000,000 to 9,999,999 gallons per day$2,361

(P) Other amendments to site applications,

10,000,000 gallons per day or more$3,146

(Q) On-site wastewater treatment systems$5,490

(R) Extension$793

(S) Interceptor site applications$1,586

(T) Interceptor certifications$366

(U) Outfall sewers$1,586

(II) Wastewater design review:

(A) Wastewater treatment plants, less than 100,000 gallons per day:

New$5,978

Expansion$4,758

(B) Wastewater treatment plants from 100,000 to 999,999 gallons per day:

New$12,078

Expansion$9,638

(C) Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per day:

New$18,056

Expansion$14,396

(D) Wastewater treatment plants, 10,000,000 gallons per day or more:

New$24,034

Expansion$19,276

(E) Lift stations, less than 100,000 gallons per day:

New$1,464

Expansion$1,220

(F) Lift stations from 100,000 to 999,999 gallons per day:

New$3,050

Expansion$2,440

(G) Lift stations from 1,000,000 to 9,999,999 gallons per day:

New$4,514

Expansion$3,660

(H) Lift stations, 10,000,000 gallons per day or more:

New$5,978

Expansion$4,758

(I) Amendments to site applications concerning a change

from gas chlorination to liquid chlorination or from any

form of chlorination to ultraviolet light disinfection,

less than 100,000 gallons per day$610

(J) Amendments to site applications concerning a change

from gas chlorination to liquid chlorination or from any

form of chlorination to ultraviolet light disinfection

from 100,000 to 999,999 gallons per day$1,220

(K) Amendments to site applications concerning a change

from gas chlorination to liquid chlorination or from

any form of chlorination to ultraviolet light

disinfection from 1,000,000 to

9,999,999 gallons per day$1,830

(L) Amendments to site applications concerning a change

from gas chlorination to liquid chlorination or from any

form of chlorination to ultraviolet light disinfection,

10,000,000 gallons per day or more$2,440

(M) Other amendments to site application,

less than 100,000 gallons per day$854

(N) Other amendments to site applications,

from 100,000 to 999,999 gallons per day$1,708

(O) Other amendments to site applications, from

1,000,000 to 9,999,999 gallons per day$2,562

(P) Other amendments to site applications,

10,000,000 gallons per day or more$3,416

(Q) On-site wastewater treatment systems$3,660

(R) Interceptor site applications$1,708

(S) Outfall sewers$1,708

(1.4) The division may establish an interim fee that must be consistent and equitable with the fees contained in subsection (1.1) of this section in any case where a facility other than those listed must be permitted. This interim fee applies until the date of adjournment sine die of the next regular session of the general assembly following imposition of the interim fee.

(1.5) (a) (I) There is hereby created in the state treasury the commerce and industry sector fund, which consists of all annual fees for regulated activities associated with the commerce and industry sector collected pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the commerce and industry sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the commerce and industry sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the commerce and industry sector fund.

(II) There is hereby created in the state treasury the construction sector fund, which consists of all annual fees collected for regulated activities associated with the construction sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the construction sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the construction sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the construction sector fund.

(III) There is hereby created in the state treasury the pesticides sector fund, which consists of all annual fees collected for regulated activities associated with the pesticides sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the pesticides sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the pesticides sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the pesticides sector fund.

(IV) There is hereby created in the state treasury the municipal separate storm sewer system sector fund, which consists of all annual fees collected for regulated activities associated with the municipal separate storm sewer system sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the municipal separate storm sewer system sector fund.

(V) There is hereby created in the state treasury the public and private utilities sector fund, which consists of all annual fees collected for regulated activities associated with the public and private utilities sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the public and private utilities sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the public and private utilities sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the public and private utilities sector fund.

(b) (I) The general assembly shall annually appropriate the money in the funds created in paragraph (a) of this subsection (1.5) and in subsection (1.2) of this section to the department of public health and environment for its direct and indirect costs in administering the appropriate sector. The department shall review expenditures of the money to ensure that it is used only to fund the expenses of the discharge permit system and other activities included in subsections (1.1), (1.2), (1.3), and (1.4) of this section and that, except as specified in subparagraph (II) of this paragraph (b):

(A) Money derived from a particular sector is used only for that sector; and

(B) Money derived from subsection (1.2) of this section is used only to provide water quality certifications.

(II) Repealed.

(III) All interest earned on the investment or deposit of money in each fund and all unencumbered or unappropriated balances in each fund remain in each individual fund, shall be appropriated only for the expenses of the discharge permit system, and shall not be transferred or revert to the general fund or any other fund at the end of any fiscal year or any other time.

(c) (I) It is the intent of the general assembly that:

(A) A portion of the expenses of the discharge permit system be funded from the general fund, reflecting the benefit derived by the general public; except that the general assembly may determine, in any given fiscal year, that general fund revenues are inadequate to meet general fund demands and that, as a consequence, it is necessary to forego, subject to future reconsideration, all or some portion of such general fund contribution to the discharge permit program pursuant to this part 5; and

(B) The fees established in this section should not be adjusted until at least 2023 and, before the general assembly adjusts the fees, the department of public health and environment shall engage stakeholders in a process to review the total funding for the discharge permit system, including federal money, money from the general fund, and all sector fees.

(II) In furtherance of this policy, in future fee and funding changes, the ratios described in this subsection (1.5)(c)(II) should be maintained except as may be revised by the general assembly by bill:

(A) Commerce and industry sector: Fifty percent general fund and fifty percent cash funds;

(B) Construction sector: Twenty percent general fund and eighty percent cash funds;

(C) Municipal separate storm sewer: Fifty percent general fund and fifty percent cash funds;

(D) Pesticides sector: Ninety-four percent general fund and six percent cash funds;

(E) Public and private utilities sector: Fifty percent general fund and fifty percent cash funds; and

(F) Water quality certifications sector: Five percent general fund and ninety-five percent cash funds.

(d) Notwithstanding the amount specified for any fee in subsection (1.1) or (1.3) of this section, the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(e) Repealed.

(1.6) There is hereby created the animal feeding operations fund, which consists of all fees collected for regulated activities associated with the animal agriculture sector in paragraph (a) of subsection (1.1) of this section, as well as all fees collected for services provided by the division associated with the animal agriculture sector in subsection (1.3) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the animal feeding operations fund. Any unexpended and unencumbered moneys remaining in the animal feeding operations fund at the end of any fiscal year remain in the animal feeding operations fund and shall not be transferred or revert to the general fund or any other fund. The general assembly shall annually appropriate the moneys in the animal feeding operations fund to the department of public health and environment for the direct and indirect costs associated with the permitting and oversight of animal feeding operations under this article.

(1.7) (a) The department of public health and environment shall report annually to:

(I) The senate agriculture and natural resources committee and the house of representatives agriculture, water, and natural resources committee, or their successor committees, on:

(A) The environmental agriculture program. The report must include the number of permits processed, the number of inspections conducted, the number of enforcement actions taken, and the costs associated with all program activities during the preceding year. The department shall submit the report on or before March 31 of each year.

(B) Repealed.

(II) The joint budget committee by November 1 of each year regarding the fee revenue received from each sector specified in subsection (1.1)(a) of this section, including expenditures by fund source and revenues by fund and sector based on the November 1 request.

(b) The reporting required by this section is exempt from section 24-1-136, C.R.S.

(1.8) (a) On June 30, 2026, the state treasurer shall transfer any unexpended and unencumbered money remaining in the following cash funds to the clean water cash fund created in section 25-8-210 (4)(a):

(I) The commerce and industry sector fund created in subsection (1.5)(a)(I) of this section;

(II) The construction sector fund created in subsection (1.5)(a)(II) of this section;

(III) The pesticides sector fund created in subsection (1.5)(a)(III) of this section;

(IV) The municipal separate storm sewer system sector fund created in subsection (1.5)(a)(IV) of this section; and

(V) The public and private utilities sector fund created in subsection (1.5)(a)(V) of this section.

(b) Subsections (1.1)(b), (1.1)(c), (1.1)(d), (1.1)(e), (1.1)(f), (1.2), (1.3), and (1.5) of this section and this subsection (1.8) are repealed, effective July 1, 2026.

(2) (a) A complete and accurate application for all discharges shall be filed with the division not less than one hundred eighty days prior to the date proposed for commencing the discharge.

(b) The application shall contain such relevant plans, specifications, water quality data, and other information related to the proposed discharge as the division may reasonably require. Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.

(c) The division shall begin the review of an application within forty-five days after the receipt of the application and shall notify the applicant within ninety days after receipt of the application whether the application is complete. If the division determines that an application is incomplete, the division may request that the applicant submit additional information. If additional information is requested by the division and submitted by the applicant, the division shall have fifteen days after the date the additional information is submitted to determine whether the additional information satisfies the request and to advise the applicant if, and in what respects, the additional information does not satisfy the request. A final decision that an application is not complete shall be considered final agency action upon issuance of such decision to the applicant and shall be subject to judicial review. A petition for review of such decision shall be given priority scheduling by the court.

(3) (a) The division shall evaluate complete permit applications to determine whether the proposed discharge will comply with all applicable federal and state statutory and regulatory requirements.

(b) The division shall give public notice of a complete permit application and the division's preliminary analysis of the application as provided in subsection (4) of this section. The notice shall advise of the opportunity for interested persons to submit written comments on the permit application and the division's preliminary analysis or to request, for good cause shown, a public meeting on the application and analysis. A request for a public meeting shall be made within thirty days after the initial public notice of the permit application and the division's preliminary analysis. If a public meeting is requested and the division, in its discretion and for good cause shown, grants the request, the division shall hold the public meeting not more than seventy-five days after the initial public notice. The division shall provide notice as provided in subsection (4) of this section of the public meeting not less than thirty days prior to the date of the meeting.

(c) The period for public comment shall close thirty days from the date of notice of the permit application and the division's preliminary analysis thereof; except that, if a public meeting is held on the application and analysis, the period for public comment shall close sixty days from the date of notice of the application.

(4) Public notice of every complete permit application and the division's preliminary analysis thereof shall be circulated in a manner designed to inform interested and potentially interested persons of the application and analysis. Procedures for the circulation of such public notice or a notice regarding a public meeting concerning an application and analysis shall be established by the commission and shall include at least the following:

(a) Notice shall be given by at least one publication in a newspaper of general circulation which is distributed within the geographical areas of the proposed discharge.

(b) Notice shall be mailed to any person or group upon request.

(c) The division shall add the name of any person or group upon request to a mailing list to receive copies of notices for all discharge permit applications within the state or within a certain geographical area.

(d) The division shall also, during the period from the date of the initial public notice of the application and analysis to the close of the public comment period, maintain in the office of the county clerk and recorder of the county in which the proposed discharge, or a part thereof, is to occur a copy of its preliminary analysis and a copy of the permit application with all accompanying data for public inspection.

(5) (a) (I) Except as provided in this subsection (5), if the division has not finally issued or denied a permit within one hundred eighty days after receipt of the permit application, unless this time limit is waived or extended by the applicant or if the division determines at any time after receiving an application that it cannot issue a permit prior to the expiration of an existing permit, the division shall issue a temporary permit or the existing permit shall be extended pursuant to the operation of section 24-4-104, C.R.S.

(II) The deadlines established pursuant to subparagraph (I) of this paragraph (a) for a determination on a permit application shall be extended by:

(A) The number of days which an applicant takes to submit information requested by the division pursuant to paragraph (c) of subsection (2) of this section plus the fifteen days provided for the division to evaluate such additional information; and

(B) Forty-five days, if a public meeting is held pursuant to subsection (3) of this section.

(b) All temporary permits shall contain such conditions as are necessary to protect public health and shall not be less restrictive than required by state and federal effluent guidelines unless a schedule of compliance or a variance is set forth therein. A temporary permit shall be issued for a period not to exceed two years and shall expire as provided in the issuance or denial of the final permit. Issuance of a temporary permit shall be final agency action for the purposes of section 24-4-106, C.R.S.

(6) Repealed.
C.R.S. § 25-8-505 — CO Code / Title 25 / Article 8 / Part 5 / Section 25-8-505
25-8-505. Permit conditions concerning publicly owned wastewater treatment works
Status: in_force

25-8-505. Permit conditions concerning publicly owned wastewater treatment works. The division is authorized to impose, as conditions in permits for the discharge of pollutants from publicly owned wastewater treatment works, appropriate measures to establish and insure compliance by industrial users with any system of user charges or industrial cost recovery.
C.R.S. § 25-27.5-104 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-104
25-27.5-104. Minimum standards for home care agencies and home care placement agencies - rule
Status: in_force

25-27.5-104. Minimum standards for home care agencies and home care placement agencies - rules - advisory committee. (1) The state board shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of home care agencies and home care placement agencies within the state of Colorado that apply regardless of the source of payment for the home care services or the diagnosis of the home care consumer. In promulgating these rules, the state board shall establish different requirements appropriate to the various types of skilled home health and personal care services, including differentiating requirements for providers that are substantially funded through medicare and medicaid reimbursement, providers for the program of all-inclusive care for the elderly established in section 25.5-5-412, providers that are already licensed under this title 25, and providers that are solely or substantially privately funded. This differentiation must include consideration of the requirements already imposed by other federal and state regulatory agencies and must require the department of health care policy and financing and the department to work jointly to resolve differing requirements. The rules must include the following:

(a) Inspection of home care agencies by the department or its designated representative;

(b) Minimum educational, training, and experience standards for the administrator and staff of an agency, including a requirement that such persons be of good, moral, and responsible character;

(c) Requirements for disclosure notices to be provided by home care agencies and home care placement agencies to home care consumers concerning the duties and employment status of the individual providing services. With regard to home care placement agencies, the rules must require a home care placement agency to disclose in writing, at a minimum, the following to each home care consumer client in the form and manner prescribed by the department before referring a provider to the client:

(I) That the home care placement agency is not the employer of any provider it refers to a home care consumer; and

(II) That the home care placement agency does not direct, control, schedule, or train any provider it refers;

(d) Intermediate enforcement remedies as authorized by section 25-27.5-108;

(e) A requirement and form for written plans, to be submitted by agencies to the department for approval, detailing the measures that will be taken to correct violations found as a result of inspections;

(f) Establishing occurrence reporting requirements pursuant to section 25-1-124;

(g) (I) Fees for home care agency licensure. Home care agency fees are payable to the home care agency cash fund. The annual fee must include a component that reflects whether a survey is planned for the year based on the agency's compliance history. For state fiscal year 2024-25, the state board shall develop a methodology for establishing differentiating fees for licensure of home care agencies to reflect the differences in type, scope, and volume of services provided by the various types of home care agencies, including their volume of medicaid and medicare services, and that allows for reduced fees for home care agencies that are certified prior to initial license application. The department shall not charge a duplicate fee for survey work conducted pursuant to its role as state survey agency for the federal centers for medicare and medicaid services or the Colorado department of health care policy and financing.

(II) For state fiscal year 2025-26 and each state fiscal year thereafter, the schedule of fees adopted by the state board pursuant to section 25-3-105 (1)(a)(I)(A) must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board. The licensure fees for home care agencies must be increased as follows:

(A) For state fiscal year 2025-26, eight percent from the fees on the schedule of fees established pursuant to subsection (1)(g)(I) of this section;

(B) For each of state fiscal years 2026-27, 2027-28, and 2028-29, six percent; and

(C) For state fiscal year 2029-30 and for each state fiscal year thereafter, an amount that is equal to the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.

(h) Requirements for home care agencies to provide evidence of and maintain either liability insurance coverage or a surety bond in lieu of liability insurance coverage and for home care placement agencies to provide evidence of and maintain liability insurance coverage as required in section 25-27.5-103 (2)(a)(II) in amounts set through rules of the state board;

(i) Factors for home care agencies and home care placement agencies to consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment or a referral. The state board may determine which offenses require consideration of the factors.

(j) Requirements for home care placement agencies to retain their records for a length of time determined by the state board to be available for inspection by the department pursuant to section 25-27.5-106 (2)(a)(III); and

(k) Fees for the registration of home care placement agencies to cover the direct and indirect costs associated with implementing the department's oversight of home care placement agencies.

(1.5) To the extent the state board rules adopted pursuant to subsection (1) of this section address supervision requirements for home care agencies, the rules must allow for supervision in person or by telemedicine or telehealth. Any rules adopted by the state board pursuant to this subsection (1.5) shall be in conformity with applicable federal law and must take into consideration the appropriateness, suitability, and necessity of the method of supervision permitted.

(2) Rules promulgated by the state board are subject to judicial review in accordance with the requirements of section 24-4-106, C.R.S.

(3) There is hereby established a home care advisory committee, which shall make recommendations to the department and the state board concerning the rules promulgated pursuant to this article 27.5 and implementation of the licensing of home care agencies. The executive director of the department shall appoint the members of the advisory committee. The advisory committee must, at a minimum, include representatives from skilled home health services agencies, personal care services agencies, members of the disabled community who are home care consumers, seniors or representatives of seniors who are home care consumers, providers of medicaid services, providers of in-home support services, representatives of home care placement agencies, and representatives of the departments of health care policy and financing and human services. Members of the advisory committee serve at the pleasure of the appointing authority on a voluntary basis without compensation.

(4) The department shall regulate a provider of PACE home care services for minimum standards for the operation of home care agencies as follows:

(a) For a PACE provider that serves only medicaid or medicare clients, if a full federal recertification survey required by the department of health care policy and financing is conducted at least every three years, the department shall accept the federal recertification survey in lieu of a separate survey for relicensure;

(b) The department shall not impose any requirement on a PACE provider that is more stringent than the federal and state medicaid PACE regulations, the three-way agreement entered into by the provider, CMS, and the department of health care policy and financing, and the PACE provider's policies and procedures;

(c) In reviewing a PACE provider's compliance with home care licensure, the department shall coordinate with the department of health care policy and financing regarding both license and certification requirements to ensure that the departments' similar regulations are congruently met;

(d) At the time that a PACE provider enrolls a PACE participant in a PACE program, the PACE provider shall give the client the department's contact information in writing to allow the client to report any complaints that may arise out of the client's PACE home care services. The department shall undertake any investigation arising from a complaint, other than a complaint alleging matters that are outside of the department's licensing authority.

(e) Under the department's licensing authority, the department has complete authority to enforce all home care requirements applicable to a PACE provider. If the department is unable to take corrective action congruently with the department of health care policy and financing, the department shall forward the proposed corrective action to and consult with the department of health care policy and financing before taking final action against a PACE provider.
C.R.S. § 25-7-117 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-117
25-7-117. State implementation plan - revisions of limited applicability
Status: in_force

25-7-117. State implementation plan - revisions of limited applicability. (1) The commission, upon application by the owner or operator of a stationary or mobile source or as provided in section 25-7-110 (2), may revise the state implementation plan or any regulation or standard that is not part of the state implementation plan pursuant to this section if it determines that:

(a) Control techniques are not available, compliance with applicable emission control regulations would cause an unreasonable economic burden, compliance with applicable emission control regulations through new or improved technology is economically and technologically beneficial, or compliance with applicable emission control regulations would result in an arbitrary and unreasonable taking of property;

(b) The adoption of such revision would be consistent with, and aid in, implementing the legislative policy set forth in section 25-7-102; and

(c) In any event, adoption of such revision would be consistent with the requirements of section 110 of the federal act.

(2) Any revision of the state implementation plan or of a regulation or standard which is not part of the state implementation plan pursuant to the provisions of subsection (1) of this section may be adopted for such period of time as shall be specified by the commission.
C.R.S. § 25-47-101 — CO Code / Title 25 / Article 47 / Section 25-47-101
25-47-101. Definitions
Status: in_force

25-47-101. Definitions. As used in this article 47:

(1) "Administer" means to directly apply an epinephrine auto-injector to the body of an individual.

(2) "Authorized entity" means an entity or organization, other than a school described in section 22-1-119.5, C.R.S., or a hospital licensed or certified pursuant to section 25-1.5-103 (1)(a)(I)(A) or (1)(a)(II), at which allergens capable of causing anaphylaxis may be present. The term includes but is not limited to recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, places of employment, ski areas, and sports arenas.

(3) "Emergency public access station" or "EPAS" means a locked, secure container used to store epinephrine auto-injectors for use under the general oversight of a medical professional, which allows a lay rescuer to consult with a medical professional in real time by audio, televideo, or other similar means of electronic communication. Upon authorization of the consulting medical professional, an EPAS may be unlocked to make an epinephrine auto-injector available.

(4) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(5) "Health-care practitioner" means a person authorized by law to prescribe any drug or device, acting within the scope of his or her authority.

(6) "Medical professional" means a physician or other person authorized by applicable law to prescribe drugs in this state or another state.

(7) "Pharmacist" has the meaning set forth in section 12-280-103 (35).

(8) "Provide" means to supply one or more epinephrine auto-injectors to an individual.
C.R.S. § 25-15-604 — CO Code / Title 25 / Article 15 / Part 6 / Section 25-15-604
25-15-604. Prohibition on the sale or distribution of certain consumer products that contai
Status: repealed

25-15-604. Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product disclosure requirements - repeal. (1) On and after January 1, 2024, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state any product in any of the following product categories if the product contains intentionally added PFAS chemicals:

(a) Carpets or rugs;

(b) Fabric treatments;

(c) Food packaging;

(d) Juvenile products; and

(e) Oil and gas products.

(2) (a) On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and shall include on the product label a statement, in both English and Spanish, that reads: "For more information about PFAS chemicals in this product, visit" followed by both of the following:

(I) An internet website address for a web page that provides information about why the PFAS chemicals are intentionally added; and

(II) A quick response (QR) code or other machine-readable code, consisting of an array of squares, used for storing an internet website for a web page that provides information about why the PFAS chemicals are intentionally added.

(b) A manufacturer of cookware sold in the state shall ensure that the statement required on the product label by subsection (2)(a) of this section is visible and legible to the consumer, including on the product listing for online sales.

(c) Cookware that meets both of the following requirements is exempt from the requirement of this subsection (2):

(I) The surface area of the cookware cannot fit a product label of at least two square inches; and

(II) The cookware does not have either of the following:

(A) An exterior container or wrapper on which a product label can appear or be affixed; and

(B) A tag or other attachment with information about the product attached to the cookware.

(d) A manufacturer of cookware sold in the state shall ensure that the statement otherwise required on the product label by subsection (2)(a) of this section is included on the product listing for online sales pursuant to subsection (2)(b) of this section.

(e) On and after January 1, 2024, a manufacturer shall not make a claim, on the cookware package, that the cookware is free of any PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware.

(f) Cookware that contains one or more intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall not be sold, offered for sale, or distributed in the state unless the cookware and the manufacturer of the cookware comply with this part 6.

(g) This subsection (2) is repealed, effective January 1, 2026.

(2.5) (a) On and after January 1, 2025, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state, including in an internet listing or transaction, an outdoor apparel for severe wet conditions product that contains intentionally added PFAS chemicals unless the product is accompanied by a legible and easily discernible disclosure that includes the phrase "made with PFAS chemicals".

(b) This subsection (2.5) is repealed, effective January 1, 2028.

(3) On and after January 1, 2025, a person shall not sell, offer for sale, distribute for sale, or distribute for use the following products that contain intentionally added PFAS chemicals:

(a) Cosmetics;

(b) Indoor textile furnishings; and

(c) Indoor upholstered furniture.

(3.5) On and after January 1, 2026, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state the following products that contain intentionally added PFAS chemicals:

(a) Cleaning products, except for cleaning products that are floor maintenance products used in hospital or medical settings;

(b) Cookware;

(c) Dental floss;

(d) Menstruation products; and

(e) Ski wax.

(4) On and after January 1, 2027, a person shall not sell, offer for sale, distribute for sale, or distribute for use the following products that contain intentionally added PFAS chemicals:

(a) Outdoor textile furnishings; and

(b) Outdoor upholstered furniture.

(5) On and after January 1, 2028, a person shall not sell, offer for sale, distribute for sale, or distribute for use the following products that contain intentionally added PFAS chemicals:

(a) Cleaning products that are floor maintenance products used in hospital or medical settings;

(b) Textile articles;

(c) Outdoor apparel for severe wet conditions; and

(d) Food equipment intended primarily for use in commercial settings that comes into direct contact with food.
C.R.S. § 25-3-127 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-127
25-3-127. Emergency room intake data - marijuana use - annual report
Status: in_force

25-3-127. Emergency room intake data - marijuana use - annual report. The department of public health and environment shall create a de-identified report from hospital and emergency room discharge data of patients, including demographic information regarding patients' age, race, ethnicity, gender, and geographic location, presenting with conditions or a diagnosis that reflects marijuana use, including and identifying if the marijuana use was in conjunction with alcohol or other drugs, and provide that report at the department's presentations to the legislative committees of reference pursuant to section 2-7-203 in 2022, and annually each year thereafter. The report can be produced in conjunction with the report required pursuant to section 30-10-624 (2).
C.R.S. § 25-1.5-505 — CO Code / Title 25 / Article 1.5 / Part 5 / Section 25-1.5-505
25-1.5-505. Advisory council - report
Status: in_force

25-1.5-505. Advisory council - report. (1) On or before December 1, 2011, and on or before December 1 every two years thereafter, the primary care office, with assistance from the advisory council, shall submit to the governor, the health and human services committee of the senate and the health and insurance and public and behavioral health and human services committees of the house of representatives, or any successor committees, a report that includes, at a minimum, the following information:

(a) A description of the health-care professionals, behavioral health-care providers, candidates for licensure, geriatric advanced practice providers, nursing faculty members, and health-care professional faculty members participating in the Colorado health service corps program and the scholarship program;

(b) A description of the programmatic goals of the Colorado health service corps and the scholarship program, including the present status of and any barriers to meeting those goals;

(c) Existing efforts and potential future projects to overcome any barriers to meeting the programmatic goals of the Colorado health service corps and the scholarship program;

(d) An analysis of the effects of the Colorado health service corps program and the scholarship program on addressing the health-care, geriatric care, and behavioral health-care needs of communities in Colorado;

(e) A summary of any assessment or evaluation of program performance conducted during the year; and

(f) A description of the nursing faculty or other health-care professional faculty members participating in the Colorado health service corps and the educational institutions where the participants teach.

(2) The department of public health and environment shall include the report required by this section as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203.

(3) The reporting requirement in this section is not subject to section 24-1-136 (11)(a)(I).
C.R.S. § 25-1-506 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-506
25-1-506. County or district public health agency
Status: repealed

25-1-506. County or district public health agency. (1) Each county, by resolution of its board of county commissioners, shall establish and maintain a county public health agency or shall participate in a district public health agency. Any two or more contiguous counties, by resolutions of the boards of county commissioners of the respective counties, may establish and maintain a district public health agency. An agency shall consist of a county or district board of health, a public health director, and all other personnel employed or retained under the provisions of this subpart 3.

(2) (a) (I) The jurisdiction of any agency shall extend over all unincorporated areas and over all municipal corporations within the territorial limits of the county or the counties comprising the district, but not over the territory of any municipal corporation that maintains its own public health agency. If the county has a county public health agency or a district board of health and if the county is within a district public health agency, any municipal corporation not otherwise within the jurisdiction of an agency, by agreement of its city council, board of trustees or other governing body, and the board of county commissioners of the county wherein the municipal corporation is situated may merge its department with the county or district public health agency.

(II) In the event of a merger between a health department of a municipal corporation with a county or district public health agency, the agreement of merger, among other things, shall provide that a member or members of the county or district board of health, as is specified in the agreement, shall be appointed by the city council or board of trustees of the municipal corporation rather than as provided in this section. The city council or board of trustees shall appoint the number of members specified in the agreement of merger, and the remaining members shall be appointed as provided in this section.

(III) The board of county commissioners, in order to give the municipal corporation representation on a county board of health previously established, may declare vacancies in the county board of health and permit the vacancies to be filled by the city council or board of trustees of the municipal corporation.

(b) All county or district boards of health existing within the county or district shall be dissolved upon the organization of a county or district public health agency under the provisions of this part 5 or upon the acceptance of a county into a district already established.

(c) In the event of the dissolution of any county or district public health agency, the withdrawal of a county from an established district, or the withdrawal of a municipal corporation that has voluntarily merged its health department or agency with a county or district public health agency, local boards of health shall be reestablished under the provisions of this part 5 and assume the powers and duties conferred upon such local boards.

(3) (a) Subject to available appropriations, an agency shall provide or arrange for the provisions of services necessary to carry out the public health laws and rules of the state board, the water quality control commission, the air quality control commission, and the solid and hazardous waste commission according to the specific needs and resources available within the community as determined by the county or district board of health or the board of county commissioners and as set out in both the comprehensive, statewide public health improvement plan developed pursuant to section 25-1-504 and the county or district public health plan developed pursuant to section 25-1-505.

(b) In addition to other powers and duties, an agency shall have the following duties:

(I) To complete a community health assessment and to create the county or district public health plan at least every five years under the direction of the county or district board and to submit the plan to the county or district board and state board for review;

(II) To advise the county or district board on public policy issues necessary to protect public health and the environment;

(III) To provide or arrange for the provision of quality, core public health services deemed essential by the state board and the comprehensive, statewide public health improvement plan; except that the agency shall be deemed to have met this requirement if the agency can demonstrate to the county or district board that other providers offer core public health services that are sufficient to meet the local needs as determined by the plan;

(IV) To the extent authorized by the provisions of this title or article 20 of title 30, C.R.S., to administer and enforce the laws pertaining to:

(A) Public health, air pollution, solid and hazardous waste, and water quality;

(B) Vital statistics; and

(C) The orders, rules, and standards of the state board and any other type 1 agency created pursuant to the provisions of this title;

(V) To investigate and control the causes of epidemic or communicable diseases and conditions affecting public health;

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

(VII) To close schools and public places and to prohibit gatherings of people when necessary to protect public health;

(VIII) To investigate and abate nuisances when necessary in order to eliminate sources of epidemic or communicable diseases and conditions affecting public health;

(IX) To establish, maintain, or make available chemical, bacteriological, and biological laboratories, and to conduct such laboratory investigations and examinations as it may deem necessary or proper for the protection of the public health;

(X) To purchase and distribute to licensed physicians and veterinarians, with or without charge, as the county or district board may determine upon considerations of emergency or need, approved biological or therapeutic products necessary for the protection of public health;

(XI) To initiate and carry out health programs consistent with state law that are necessary or desirable by the county or district board to protect public health and the environment;

(XII) To collect, compile, and tabulate reports of marriages, dissolutions of marriage, and declarations of invalidity of marriage, births, deaths, and morbidity, and to require any person having information with regard to the same to make such reports and submit such information as is required by law or the rules of the state board;

(XIII) To make necessary sanitation and health investigations and inspections, on its own initiative or in cooperation with the state department, for matters affecting public health that are within the jurisdiction and control of the agency;

(XIV) To collaborate with the state department and the state board in all matters pertaining to public health, the water quality control commission in all matters pertaining to water quality, the air quality control commission and the division of administration of the state department in all matters pertaining to air pollution, and the solid and hazardous waste commission in all matters pertaining to solid and hazardous waste; and

(XV) To establish or arrange for the establishment of, by January 1, 2015, and subject to available appropriations, a local or regional child fatality prevention review team pursuant to section 25-20.5-404.

(c) If a county or district board of health does not receive sufficient appropriations to fulfill all the duties described in paragraph (b) of this subsection (3), the county or district board shall set priorities for fulfilling the duties and shall include the list of priorities in its county or district public health plan submitted pursuant to section 25-1-505.

(4) Repealed.
C.R.S. § 25-29-114 — CO Code / Title 25 / Article 29 / Section 25-29-114
25-29-114. Remedies
Status: in_force

25-29-114. Remedies. Any holder of bonds issued under the provisions of this article, or any coupons appertaining thereto and the trustee under any trust agreement or resolution authorizing the issuance of such bonds, except to the extent the rights under this article may be restricted by such trust agreement or resolution, may, either at law or in equity by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted under this article or under such agreement or resolution, or under any other contract executed by the authority pursuant to this article, and may enforce and compel the performance of all duties required by this article or by such trust agreement or resolution to be performed by the authority or by an officer thereof.
C.R.S. § 25-5.5-107 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-107
25-5.5-107. Testing and sampling of dairy products - unlawful acts - licensing - dairy prote
Status: in_force

25-5.5-107. Testing and sampling of dairy products - unlawful acts - licensing - dairy protection cash fund - created. (1) It is unlawful for any person engaged in buying, selling, testing, or handling, or engaged in determining the value of, milk, cream, or any other dairy product by the use of an approved test to give, by himself or his agent, any false reading of the test, or to manipulate the test in any way so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy product actually contains, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of the milk, cream, or other dairy product to be tested an inaccurate sample for the test. It is unlawful for any person to use any test tube, bottle, pipette, or instrument in connection with such test which is not perfectly clean; and any such unclean glassware is declared to be inaccurate.

(2) It is unlawful for any person to sample or test milk, cream, or any other dairy product to determine the value of such product when bought and sold or to instruct another person for such purpose without first having a license granted by the department, which license shall be conspicuously displayed in the person's place of business. Licenses shall be granted to those persons who have completed a course in milk and cream testing at any recognized college or dairy school or to those persons who have passed a satisfactory examination under the direction of the department. The license shall be subject to cancellation by the department at any time if it finds that the person holding the license is incompetent or guilty of violating this part 1.

(3) Every person engaged in receiving, buying, selling, or otherwise handling milk or cream for sale, shipment, manufacture, or distribution, except public transportation companies, is required to hold a license to be known as a dairy plant license for the operation of each receiving station, skimming station, concentrating station, milk plant condensary, creamery, cheese factory, ice-cream factory, or other dairy plant being so operated.

(4) (a) (I) A temporary permit to operate the following dairy plants may be issued by the department upon application and upon the payment of a yearly license fee in the amount specified in subparagraph (II) of this paragraph (a) for each condensary, cheese factory, ice-cream factory, or other place of business where dairy products are manufactured or put in containers for sale or distribution.

(II) Except for a transfer or receiving station, which shall be charged the fee set forth in subsection (4)(a)(II)(A) of this section, the fee for a license issued under this subsection (4) shall be determined and paid according to the annual average daily amount of milk received for manufacturing by the dairy plant, as follows:

Annual average daily Fee

amount of milk received

(A) Under 1,000 pounds $ 390

(B) 1,000 to 19,999 pounds $ 780

(C) 20,000 to 449,999 pounds $1,300

(D) 450,000 or more pounds $2,080

(III) Subject to the limitation in subsection (4)(a)(IV) of this section and in addition to the fee required in subsection (4)(a)(II) of this section, a dairy plant that receives more than twenty thousand pounds of milk per day shall pay one cent for each one hundred pounds or fraction thereof of milk received.

(IV) If the total amount of fees required in subsections (4)(a)(II) and (4)(a)(III) of this section would require a dairy plant to pay more than one hundred fifty thousand dollars in a year, the department shall reduce the volume of production fee in subsection (4)(a)(III) of this section until the total amount the dairy plant is required to pay under subsections (4)(a)(II) and (4)(a)(III) of this section is one hundred fifty thousand dollars.

(b) A temporary permit is valid until an inspection has been made by an agent of the department; whereupon, if the applicant has complied with the requirements of the dairy laws, the department shall issue a license for a period of one year from the July 1 next preceding the actual date of issue.

(5) The department has the power to issue necessary regulations for the government of licensed dairy plants and licensed milk samplers covering such points as disposal of sewage, location with regard to living rooms and other possible sources of contamination, and other points not specifically mentioned in the dairy laws.

(6) These regulations shall have the force and effect of law, and the department has the power to cancel a license for a period not exceeding ninety days when it finds that the holder thereof has violated the law or regulations. Suit may be brought against the state to establish the reasonableness of a regulation, and, if the decision affirms the reasonableness of the regulation, it shall be enforced.

(7) All moneys collected by the department for the license fees provided for in this section shall be transmitted to the state treasurer, who shall credit the same to the dairy protection cash fund, referred to in this subsection (7) as the "fund",which is hereby created in the state treasury. The general assembly shall annually appropriate the moneys in the fund to the department for the payment of expenses necessary to administer this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall not revert to the general fund or any other fund.
C.R.S. § 25-26-103 — CO Code / Title 25 / Article 26 / Section 25-26-103
25-26-103. Definitions
Status: in_force

25-26-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Multiphasic health screening unit" means any fixed or mobile facility where diagnostic testing is performed, where specimens are taken from the human body for laboratory analyses, or where certain measurements such as height and weight determination, blood pressure determination, audio and visual tests, and electrocardiograms are made. The term does not include a facility licensed or certified in this state as a hospital, a home health agency, a clinical laboratory, or the office of a physician licensed to practice medicine in this state.
C.R.S. § 25-27.5-107 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-107
25-27.5-107. Employee or referred service provider criminal history record check - rules
Status: in_force

25-27.5-107. Employee or referred service provider criminal history record check - rules. The home care agency or home care placement agency shall require a person seeking employment or placement to submit to a criminal history record check before employment or referral to a consumer. The home care agency or home care placement agency or the person seeking employment with the home care agency shall pay the costs of the criminal history record check. The criminal history record check shall be conducted not more than ninety days before the employment or placement of the applicant.
C.R.S. § 25-7-146 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-146
25-7-146. Petroleum refinery pollution - assessment - monitoring data - rules - definition
Status: in_force

25-7-146. Petroleum refinery pollution - assessment - monitoring data - rules - definitions. (1) (a) On or before January 1, 2025, the division shall hire an expert regarding air pollution control regulations for petroleum refineries. The petroleum refinery regulation expert shall:

(I) Assess the feasibility, costs, and benefits for the division to propose to the commission a rule establishing a petroleum refinery control regulation; and

(II) Assess other regulatory and nonregulatory measures.

(b) As part of the assessments required pursuant to subsection (1)(a) of this section, the petroleum refinery regulation expert shall:

(I) Evaluate the impact that petroleum refineries have on air quality in the state, including an evaluation of criteria air pollutants listed pursuant to the federal act and hazardous air pollutants;

(II) Investigate the regulatory framework governing petroleum refineries in other states and at the federal level;

(III) Identify best practices and technologies for minimizing emissions from petroleum refineries; and

(IV) Determine actions needed to reduce emissions, including the potential for developing a specific petroleum refinery rule. If the division deems it appropriate, the division shall propose a rule specifically based on the expert's assessment on or before July 1, 2026.

(c) Notwithstanding the timeline set forth in subsection (1)(b)(IV) of this section and notwithstanding any existing authority that the commission has under the law, the commission may adopt, and the division may propose, a rule establishing a petroleum refinery control regulation at any time.

(2) (a) On and after January 1, 2025, a petroleum refinery in the state shall disseminate to the division, in real time through an application programming interface, push data gathered through:

(I) Continuous emission monitoring systems and continuous monitoring systems required under state or federal law;

(II) Fenceline monitoring systems as required under section 25-7-141 (5);

(III) Community-based monitoring required under section 25-7-141 (6); and

(IV) Compliance with a state-issued compliance order.

(b) The data disseminated to the division pursuant to subsection (2)(a) of this section must be provided through the push in a one-minute averaged resolution.

(c) The division shall determine the format by which a petroleum refinery must transmit the data to the division.

(3) (a) On or before December 31, 2024, a petroleum refinery shall install and operate at least six community-based monitoring systems to monitor, at a minimum, for:

(I) Benzene;

(II) Toluene;

(III) Ethylbenzene;

(IV) Xylene;

(V) Carbon monoxide;

(VI) Nitrogen dioxide;

(VII) PM2.5;

(VIII) Hydrogen sulfide;

(IX) Sulfur dioxide;

(X) Total volatile organic compounds;

(XI) Temperature;

(XII) Relative humidity;

(XIII) Wind speed; and

(XIV) Wind direction.

(b) The community-based monitoring systems installed and operated pursuant to this subsection (3) must be installed, certified, and operated in accordance with a plan developed by the division.

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

(a) "Application programming interface" means a set of rules, protocols, and tools that:

(I) Enable the interaction and communication between software applications;

(II) Serve as an intermediary that facilitates the exchange of data, requests, and commands between distinct software systems, allowing the distinct software systems to work together seamlessly; and

(III) Enable the development of interconnected and interoperable applications.

(b) "Community-based monitoring" has the meaning set forth in section 25-7-141 (2)(a).

(c) "Continuous emissions monitoring system" means the equipment:

(I) Required to meet the data acquisition and availability requirements set forth in a construction permit or a renewable operating permit or as set forth in federal law; and

(II) That is used to sample; condition, if applicable; analyze; and provide a record of emissions on a continuous basis.

(d) "Continuous monitoring system" means a set of instruments and equipment that is designed to continuously measure and record various parameters that may affect emissions of air pollutants in real time and is required under a construction permit, a renewable operating permit, or federal law.

(e) "Fenceline monitoring" has the meaning set forth in section 25-7-141 (2)(e).

(f) "Petroleum refinery" means a stationary source covered by the North American industry classification system code 324110, as established by the federal office of management and budget.

(g) "PM2.5" means particulate matter with a diameter of less than two and one-half micrometers.

(h) "Push" means, in the context of an application programming interface, a mechanism by which a server or data source proactively sends information or updates to the division without the division explicitly requesting the information.

(i) "Real time" means the instantaneous or near-instantaneous provision of data, without a delay of more than fifteen minutes, to ensure that data is conveyed promptly and without undue latency.
C.R.S. § 25-3-108 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-108
25-3-108. Receivership
Status: in_force

25-3-108. Receivership. (1) It is the purpose of this section to establish a receivership mechanism that will be available as a remedy for such violations of applicable laws and regulations by a licensee of a long-term health-care facility that require facility closure by the department of public health and environment in order to safeguard against potential transfer trauma resulting from relocation of its residents as a result of closure of the facility.

(2) The department of public health and environment, the licensee or owner of a long-term health-care facility, or the lessee of such facility with the approval of the owner may apply to the district court for the appointment of a receiver to operate the long-term health-care facility when:

(a) The department of public health and environment has refused to issue a renewal license or has revoked the license of such facility and the action of the department is final; or

(b) The department of public health and environment, through the executive director thereof, has taken summary action to suspend the license of any such facility in accordance with the provisions of section 24-4-104 (4), C.R.S.

(3) The action of the department of public health and environment with respect to nonrenewal or revocation of a license and recommendation for certification for medicaid participation shall not be final for the purposes of paragraph (a) of subsection (2) of this section until all administrative hearings and judicial appeals sought by a licensee of a long-term health-care facility have been exhausted or the time permitted for the same has expired and until the decisions resulting from any such appeals, if any, sustain the action of said department.

(4) Application for the appointment of a receiver pursuant to this section shall be to the district court for the county where the long-term health-care facility is located. No hearing on such application shall be held sooner than seventy-two hours after the licensee of such facility has been served with notice thereof, as provided in the Colorado rules of civil procedure; except that when the department exercises its summary powers, an emergency receiver may be appointed upon agreement in writing between the department and licensee, with the approval of the owner, until a hearing for appointment of a receiver as provided in this section. Notice shall also be served upon any owner and any lessee of a long-term health-care facility and any holder of a security interest of record in said facility. An application for appointment of a receiver pursuant to this section shall have precedence and priority over any civil or criminal case pending in the district court wherein the application is filed.

(5) For the purposes of this section the action of the department of public health and environment exercised pursuant to subsection (2) of this section shall become effective upon appointment of the receiver of the court.

(6) Prior to ordering the appointment of a receiver for the operation of a long-term health-care facility, the district court must find:

(a) That grounds for the appointment of a receiver exist as provided in subsection (2) of this section; and

(b) That proper notice as required by subsection (4) of this section has been served; and

(c) That there is a necessity to continue care on a temporary basis at the facility to avoid potential transfer trauma which would serve the best interests of the residents of the facility pending arrangements for the lease, sale, or closure of the facility.

(7) The department of public health and environment shall grant the receiver a license pursuant to section 25-3-102 and shall recommend certification for medicaid participation, and the department of health care policy and financing shall reimburse the receiver for the long-term health-care facility's medicaid residents pursuant to section 25.5-6-204, C.R.S.

(8) The appointment of the receiver shall be in accordance with and governed by the provisions of rule 66 of the Colorado rules of civil procedure. The court shall enter an order of appointment and fix the fees and expenses of the receiver. The receiver shall be a licensed nursing home administrator and shall post a bond with adequate sureties as determined by the court, and the receiver may be sued upon the same in the name of the people of the state of Colorado at the instance and for the use of any party injured. The receiver shall perform duties, assume responsibilities, and preserve the long-term health-care facility property in accordance with established principles of law for receivers of real property. Such duties and responsibilities shall be determined by the court following a hearing, at which time the parties may appear and be heard. The court shall specify the duties and responsibilities of the receiver in the order of appointment. No security interest in any real or personal property comprising said facility or contained within the facility nor any fixture of the facility shall be impaired or diminished by the receiver, but the receiver shall comply with the standards of the department of public health and environment in providing health care to patients.

(9) Nothing in this section shall prevent the court from altering or amending the terms and conditions of the receivership or the receiver's responsibilities and duties following a hearing, at which time the parties may appear and be heard; and nothing in this section shall prohibit the parties from stipulating to the terms and conditions of the receivership and the responsibilities and duties of the receiver, including the duration thereof, and such stipulation shall be submitted to the court for approval.

(10) A receivership established pursuant to this section may be terminated by the court upon application therefor by the licensee of a long-term health-care facility, the department of public health and environment, or the receiver. The receivership may be terminated upon a finding by the court that the receivership is no longer necessary, but in no case shall the receivership continue for longer than one hundred eighty days from the date of the initial appointment of the receiver unless extended by written agreement of the parties as provided in subsection (9) of this section.

(11) Upon termination of the receivership, the court shall order a final accounting and finally fix the fees and expenses of the receiver following a hearing, at which time the parties may appear and be heard.
C.R.S. § 25-4-611 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-611
25-4-611. Report to state department
Status: in_force

25-4-611. Report to state department. Each health department or health officer shall furnish information to the department of public health and environment concerning all cases of rabies and the prevalence of rabies within the county at any time such information is requested by the department of public health and environment.
C.R.S. § 25-1-1511 — CO Code / Title 25 / Article 1 / Part 15 / Section 25-1-1511
25-1-1511. Repeal of part - sunset review
Status: repealed

25-1-1511. Repeal of part - sunset review. This part 15 is repealed, effective September 1, 2032. Before the repeal, this part 15 is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 25-5-801 — CO Code / Title 25 / Article 5 / Part 8 / Section 25-5-801
25-5-801. Definitions
Status: in_force

25-5-801. Definitions. As used in this part 8, unless the context otherwise requires:

(1) "Natural swimming area" means a designated portion of a natural or impounded body of water in which the designated portion is devoted to swimming, recreative bathing, or wading and for which an individual is charged a fee for the use of such area for such purposes. Appurtenances used in connection with the natural swimming area shall also be included.

(2) "Swimming area" means a designated body of water of such volume and depth that one or more persons can swim in it and which is used for the purpose of swimming, recreative bathing, or wading and includes natural swimming areas and swimming pools.

(3) "Swimming pool" means a body of water, other than a natural swimming area, maintained exclusively for swimming, recreative bathing, or wading and includes appurtenances used in connection with the swimming pool.
C.R.S. § 25-9-108 — CO Code / Title 25 / Article 9 / Section 25-9-108
25-9-108. Fees - rules - fund created
Status: in_force

25-9-108. Fees - rules - fund created. (1) (a) Each application for certification shall be accompanied by a fee in the amount of fifteen dollars that is not refundable. The board shall adopt rules that set program fees in addition to the nonrefundable application fee in accordance with article 4 of title 24, and the fees must reflect the actual costs of administering the program as set forth in section 25-9-104 (1).

(b) The water and wastewater facility operators fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the board may expend money from the fund for the administration of this article 9.

(c) The fees may be collected and retained by a nonprofit corporation selected and appointed by the board pursuant to section 25-9-104.2 to pay for its actual costs to administer the program as approved by the board through duly adopted rules. However, any such nonprofit corporation shall remit to the state treasurer a portion of the fee in the amount of five dollars for each new and renewal certificate. The state treasurer shall credit the money to the fund pursuant to subsection (1)(b) of this section.

(d) With the approval of the board, all money may be paid to the nonprofit corporation and, except for the five dollars for new and renewal certifications, may be retained by the nonprofit corporation to defray program expenses. Alternatively, if certification and renewal fees are received directly by the board, all money shall be deposited with the state treasurer pursuant to subsection (1)(b) of this section.

(2) Notwithstanding the amount specified for any fee in subsection (1) of this section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 25-3.5-403 — CO Code / Title 25 / Article 3.5 / Part 4 / Section 25-3.5-403
25-3.5-403. Poison information center - state funding
Status: repealed

25-3.5-403. Poison information center - state funding. (Repealed)
C.R.S. § 25-1-124 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-124
25-1-124. Health-care facilities - consumer information - reporting - release
Status: in_force

25-1-124. Health-care facilities - consumer information - reporting - release. (1) The general assembly hereby finds that an increasing number of people are faced with the difficult task of choosing a health-care facility for themselves and their family members. This task may be made less difficult by improved access to reliable, helpful, and unbiased information concerning the quality of care and the safety of the environment offered by each health-care facility. The general assembly further finds that it is appropriate that the department, in keeping with its role of protecting and improving the public health, solicit this information from health-care facilities and disseminate it to the public in a form that will assist people in making informed choices among health-care facilities.

(2) Each health-care facility licensed pursuant to section 25-3-101 or certified pursuant to section 25-1.5-103 (1)(a)(II) shall report to the department all of the following occurrences:

(a) Any occurrence that results in the death of a patient or resident of the facility and is required to be reported to the coroner pursuant to section 30-10-606, C.R.S., as arising from an unexplained cause or under suspicious circumstances;

(b) Any occurrence that results in any of the following serious injuries to a patient or resident:

(I) Brain or spinal cord injuries;

(II) Life-threatening complications of anesthesia or life-threatening transfusion errors or reactions;

(III) Second- or third-degree burns involving twenty percent or more of the body surface area of an adult patient or resident or fifteen percent or more of the body surface area of a child patient or resident;

(c) Any time that a resident or patient of the facility cannot be located following a search of the facility, the facility grounds, and the area surrounding the facility and there are circumstances that place the resident's health, safety, or welfare at risk or, regardless of whether such circumstances exist, the patient or resident has been missing for eight hours;

(d) Any occurrence involving physical, sexual, or verbal abuse of a patient or resident, as described in section 18-3-202, 18-3-203, 18-3-204, 18-3-206, 18-3-402, 18-3-403, as it existed prior to July 1, 2000, 18-3-404, or 18-3-405, C.R.S., by another patient or resident, an employee of the facility, or a visitor to the facility;

(e) Any occurrence involving caretaker neglect of a patient or resident, as described in section 26-3.1-101 (2.3), C.R.S.;

(f) Any occurrence involving misappropriation of a patient's or resident's property. For purposes of this paragraph (f), "misappropriation of a patient's or resident's property" means a pattern of or deliberately misplacing, exploiting, or wrongfully using, either temporarily or permanently, a patient's or resident's belongings or money without the patient's or resident's consent.

(g) Any occurrence in which drugs intended for use by patients or residents are diverted to use by other persons. If the diverted drugs are injectable, the health-care facility shall also report the full name and date of birth of any individual who diverted the injectable drugs, if known.

(h) Any occurrence involving the malfunction or intentional or accidental misuse of patient or resident care equipment that occurs during treatment or diagnosis of a patient or resident and that significantly adversely affects or if not averted would have significantly adversely affected a patient or resident of the facility.

(2.5) (a) In addition to the reports required by subsection (2) of this section, if the Colorado attorney general, the department of health care policy and financing, a case management agency, as defined in section 25.5-6-1702, an adult protection service, or a law enforcement agency makes a report of an occurrence as described in subsection (2) of this section involving a licensed long-term care facility, that report must be provided to the department and made available for inspection consistent with the provisions of subsection (6) of this section. Any reports concerning an adult protection service must be in compliance with the confidentiality requirements of section 26-3.1-102 (7).

(b) For purposes of this subsection (2.5), a "licensed long-term care facility" means a licensed community residential or group home, a licensed intermediate care facility for individuals with intellectual disabilities, and a licensed facility for persons with developmental disabilities.

(3) The board by rule shall specify the manner, time period, and form in which the reports required pursuant to subsection (2) of this section shall be made.

(4) Any report submitted pursuant to subsection (2) of this section shall be strictly confidential; except that information in any such report may be transmitted to an appropriate regulatory agency having jurisdiction for disciplinary or license sanctions. The information in such reports shall not be made public upon subpoena, search warrant, discovery proceedings, or otherwise, except as provided in subsection (6) of this section.

(5) The department shall investigate each report submitted pursuant to subsection (2) of this section that it determines was appropriately submitted. For each report investigated, the department shall prepare a summary of its findings, including the department's conclusions and whether there was a violation of licensing standards or a deficiency or whether the facility acted appropriately in response to the occurrence. If the investigation is not conducted on site, the department shall specify in the summary how the investigation was conducted. Any investigation conducted pursuant to this subsection (5) shall be in addition to and not in lieu of any inspection required to be conducted pursuant to section 25-1.5-103 (1)(a) with regard to licensing.

(6) (a) The department shall make the following information available to the public:

(I) Any investigation summaries prepared pursuant to subsection (5) of this section;

(II) Any complaints against a health-care facility that have been filed with the department and that the department has investigated, including the conclusions reached by the department and whether there was a violation of licensing standards or a deficiency or whether the facility acted appropriately in response to the subject of the complaint; and

(III) A listing of any deficiency citations issued against each health-care facility.

(b) The information released pursuant to this subsection (6) shall not identify the patient or resident or the health-care professional involved in the report.

(7) Prior to the completion of an investigation pursuant to this section, the department may respond to any inquiry regarding a report received pursuant to subsection (2) of this section by confirming that it has received such report and that an investigation is pending.

(8) In addition to the report to the department for an occurrence described in paragraph (d) of subsection (2) of this section, the occurrence shall be reported to a law enforcement agency.
C.R.S. § 25-1.5-106 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-106
25-1.5-106. Medical marijuana program - powers and duties of state health agency - rules - m
Status: repealed

25-1.5-106. Medical marijuana program - powers and duties of state health agency - rules - medical review board - medical marijuana program cash fund - subaccount - created - "Ethan's Law" - definitions - repeal. (1) Legislative declaration. (a) The general assembly hereby declares that it is necessary to implement rules to ensure that patients suffering from legitimate debilitating medical conditions are able to safely gain access to medical marijuana and to ensure that these patients:

(I) Are not subject to criminal prosecution for their use of medical marijuana in accordance with section 14 of article XVIII of the state constitution, this section, and the rules of the state health agency; and

(II) Are able to establish an affirmative defense to their use of medical marijuana in accordance with section 14 of article XVIII of the state constitution, this section, and the rules of the state health agency.

(b) The general assembly hereby declares that it is necessary to implement rules to prevent persons who do not suffer from legitimate debilitating medical conditions from using section 14 of article XVIII of the state constitution as a means to sell, acquire, possess, produce, use, or transport marijuana in violation of state and federal laws.

(c) The general assembly hereby declares that it is necessary to implement rules to provide guidance for caregivers as defined in section 14 of article XVIII of the state constitution.

(d) The general assembly hereby declares that it is imperative to prevent the diversion of medical marijuana to other states. In order to do this the general assembly needs to provide clear guidance for law enforcement.

(2) Definitions. In addition to the definitions set forth in section 14 (1) of article XVIII of the state constitution, as used in this section, unless the context otherwise requires:

(a) "Authorized employees of the state health agency" includes independent contractors or other agencies with whom the state health agency contracts or is working under an intergovernmental agreement to provide services related to the administration of the medical marijuana program registry. These independent contractors are not state employees for the purposes of state employee benefits, including public employees' retirement association benefits.

(a.5) "Bona fide physician-patient relationship", for purposes of the medical marijuana program, means:

(I) A physician and a patient have a treatment or counseling relationship, in the course of which the physician has completed the in-person full assessment of the patient's medical history, including an assessment of the patient's medical and mental health history to determine whether the patient has a medical or mental health issue that could be exacerbated by the use of medical marijuana and reviewing a previous diagnosis for a debilitating or disabling medical condition, and current medical condition, including an appropriate personal physical examination. If the recommending physician is not the patient's primary care physician, the recommending physician shall review the existing records of the diagnosing physician or a licensed mental health provider. This subsection (2)(a.5)(I) does not require a mental health examination prior to making a recommendation.

(II) The physician has consulted with the patient, and if the patient is a minor, with the patient's parents, with respect to the patient's debilitating medical condition or disabling medical condition and has explained the possible risks and benefits of use of medical marijuana to the patient, and the patient's parents if the patient is a minor, before the patient applies for a registry identification card; and

(III) The physician is available to or offers to provide follow-up care and treatment to the patient, including patient examinations, to determine the efficacy of the use of medical marijuana as a treatment of the patient's debilitating medical condition or disabling medical condition.

(a.7) "Disabling medical condition" means:

(I) Post-traumatic stress disorder as diagnosed by a licensed mental health provider or physician;

(II) An autism spectrum disorder as diagnosed by a primary care physician, physician with experience in autism spectrum disorder, or licensed mental health provider acting within his or her scope of practice; or

(III) A condition for which a physician could prescribe an opioid.

(b) "Executive director" means the executive director of the state health agency.

(c) "In good standing", with respect to a physician's or dentist or advanced practice practitioner license, means:

(I) The physician holds a doctor of medicine or doctor of osteopathic medicine degree from an accredited medical school, or the dentist or advanced practice practitioner holds a degree in a medical field within his or her scope of practice;

(II) The physician holds a valid license to practice medicine, or the dentist or advanced practice practitioner holds a valid license to practice within his or her scope of practice, in Colorado that does not contain a restriction or condition that prohibits the recommendation of medical marijuana or for a license issued prior to July 1, 2011, a valid, unrestricted and unconditioned license; and

(III) The physician or dentist or advanced practice practitioner has a valid and unrestricted United States department of justice federal drug enforcement administration controlled substances registration.

(d) "Medical marijuana program" means the program established by section 14 of article XVIII of the state constitution and this section.

(d.3) "Patient" means a person who has a debilitating medical condition or disabling medical condition.

(d.4) "Physician", when making medical marijuana recommendations for a disabling medical condition, includes a dentist or advanced practice practitioner with prescriptive authority acting within the scope of his or her practice.

(d.5) "Primary caregiver" means a natural person, other than the patient or the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition or disabling medical condition. A primary caregiver may have one or more of the following relationships:

(I) A parent of a child as described by subsection (6)(e) of section 14 of article XVIII of the state constitution or a parent of a child with a disabling medical condition and anyone who assists that parent with caregiver responsibilities, including cultivation and transportation;

(II) An advising caregiver who advises a patient on which medical marijuana products to use and how to dose them and does not possess, provide, cultivate, or transport marijuana on behalf of the patient;

(III) A transporting caregiver who purchases and transports marijuana to a patient who is homebound; or

(IV) A cultivating caregiver who grows marijuana for a patient.

(e) "Registry identification card" means the nontransferable confidential registry identification card issued by the state health agency to patients and primary caregivers pursuant to this section.

(e.3) "Residential property" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Residential property" also includes the real property surrounding a structure, owned in common with the structure, that includes one or more single units providing complete independent living facilities.

(e.5) "Significant responsibility for managing the well-being of a patient" means that the caregiver is involved in basic or instrumental activities of daily living. Cultivating or transporting marijuana and the act of advising a patient on which medical marijuana products to use and how to dose them constitutes a "significant responsibility".

(f) "State health agency" means the public health-related entity of state government designated by the governor by executive order pursuant to section 14 of article XVIII of the state constitution.

(2.5) (a) Except as otherwise provided in subsections (2.5)(h) and (2.5)(i) of this section and section 18-18-406.3, a patient with a disabling medical condition or his or her primary caregiver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:

(I) The patient was previously diagnosed by a physician as having a disabling medical condition;

(II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a disabling medical condition; and

(III) The patient and his or her primary caregiver were collectively in possession of amounts of marijuana only as permitted under this section.

(b) The affirmative defense in subsection (2.5)(a) of this section does not exclude the assertion of any other defense where a patient or primary caregiver is charged with a violation of state law related to the patient's medical use of marijuana.

(c) It is an exception from the state's criminal laws for any patient with a disabling medical condition or his or her primary caregiver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsection (2.5)(h) of this section or section 18-18-406.3.

(d) It is an exception from the state's criminal laws for any physician to:

(I) Advise a patient whom the physician has diagnosed as having a disabling medical condition about the risks and benefits of the medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship; or

(II) Provide a patient with written documentation, based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship, stating that the patient has a disabling medical condition and might benefit from the medical use of marijuana. No physician shall be denied any rights or privileges for the acts authorized by this section.

(e) Notwithstanding the foregoing provisions, no person, including a patient with a disabling medical condition or his or her primary caregiver, is entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.

(f) Any property interest that is possessed, owned, or used by a patient with a disabling medical condition or his or her primary caregiver in connection with the medical use of marijuana or acts incidental to such use shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense.

(g) (I) A patient with a disabling medical condition may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a disabling medical condition. The medical use of marijuana by a patient with a disabling medical condition is lawful within the following limits:

(A) No more than two ounces of a usable form of marijuana; and

(B) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

(II) For quantities of marijuana in excess of these amounts, a patient or his or her primary caregiver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's disabling medical condition.

(h) (I) No patient with a disabling medical condition shall:

(A) Engage in the medical use of marijuana in a way that endangers the health or well-being of any person; or

(B) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public.

(II) In addition to any other penalties provided by law, the state health agency shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of this section.

(i) Notwithstanding the provisions of this subsection (2.5), no patient with a disabling medical condition who is under eighteen years of age shall engage in the medical use of marijuana unless:

(I) Two physicians have diagnosed the patient as having a disabling medical condition. If the recommending physician is not the patient's primary care physician, the recommending physician shall review the records of a diagnosing physician or a licensed mental health provider acting within their scope of practice.

(II) One of the physicians referred to in subsection (2.5)(i)(I) of this section has explained the possible risks and benefits of the medical use of marijuana to the patient and each of the patient's parents residing in Colorado;

(III) The physician referred to in subsection (2.5)(i)(II) of this section has provided the patient with the written documentation specifying that the patient has been diagnosed with a disabling medical condition and the physician has concluded that the patient might benefit from the medical use of marijuana;

(IV) Each of the patient's parents residing in Colorado consent in writing to the state health agency to permit the patient to engage in the medical use of marijuana;

(V) A parent residing in Colorado consents in writing to serve as the patient's primary caregiver;

(VI) A parent serving as a primary caregiver completes and submits an application for a registry identification card and the written consents referred to in subsections (2.5)(i)(IV) and (2.5)(i)(V) of this section to the state health agency;

(VII) The state health agency approves the patient's application and transmits the patient's registry identification card to the parent designated as a primary caregiver;

(VIII) The patient and primary caregiver collectively possess amounts of marijuana no greater than those specified in subsection (2.5)(g) of this section; and

(IX) The primary caregiver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient with a disabling medical condition.

(j) A patient with a disabling medical condition who is under eighteen years of age shall use medical marijuana only in a nonsmokeable form when using medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event.

(3) Rule-making. (a) The state health agency shall, pursuant to section 14 of article XVIII of the state constitution, promulgate rules of administration concerning the implementation of the medical marijuana program that specifically govern the following:

(I) The establishment and maintenance of a confidential registry of patients who have applied for and are entitled to receive a registry identification card. The confidential registry of patients may be used to determine whether a physician should be referred to the Colorado medical board for a suspected violation of section 14 of article XVIII of the state constitution, subsection (5)(a), (5)(b), or (5)(c) of this section, or the rules promulgated by the state health agency pursuant to this subsection (3).

(II) The development by the state health agency of an application form and the process for making the form available to residents of this state seeking to be listed on the confidential registry of patients who are entitled to receive a registry identification card;

(III) The verification by the state health agency of medical information concerning patients who have applied for a registry identification card or for renewal of a registry identification card;

(IV) The development by the state health agency of a form that constitutes "written documentation" as defined and used in section 14 of article XVIII of the state constitution, which form a physician shall use when making a medical marijuana recommendation for a patient;

(V) The conditions for issuance and renewal, and the form, of the registry identification cards issued to patients, including but not limited to standards for ensuring that the state health agency issues a registry identification card to a patient only if he or she has a bona fide physician-patient relationship with a physician in good standing and licensed to practice medicine in the state of Colorado;

(VI) Communications with law enforcement officials about registry identification cards that have been suspended when a patient is no longer diagnosed as having a debilitating medical condition or disabling medical condition;

(VII) The manner in which the state health agency may consider adding debilitating medical conditions to the list of debilitating medical conditions contained in section 14 of article XVIII of the state constitution;

(VIII) A waiver process to allow a homebound patient who is on the registry to have a primary caregiver transport the patient's medical marijuana from a licensed medical marijuana center to the patient; and

(IX) Guidelines for primary caregivers to give informed consent to patients that the products they cultivate or produce may contain contaminants and that the cannabinoid levels may not be verified.

(b) The state health agency may promulgate rules regarding the following:

(I) Repealed.

(II) The development of a form for a primary caregiver to use in applying to the registry, which form shall require, at a minimum, that the applicant provide his or her full name, home address, date of birth, and an attestation that the applicant has a significant responsibility for managing the well-being of the patient for whom he or she is designated as the primary caregiver and that he or she understands and will abide by section 14 of article XVIII of the state constitution, this section, and the rules promulgated by the state health agency pursuant to this section; and

(III) Repealed.

(IV) The grounds and procedure for a patient to change his or her designated primary caregiver.

(c) Repealed.

(d) The state health agency shall promulgate rules related to the length of time a registry identification card issued to a patient with a disabling medical condition is valid.

(3.5) Marijuana laboratory testing reference library. (a) The state health agency shall develop and maintain a marijuana laboratory testing reference library. Laboratories licensed by the department of revenue shall be required to provide materials for the reference library; except that no licensee shall be required to provide testing protocols.

(b) The reference library must contain a library of methodologies for marijuana testing in the areas of potency, homogeneity, contaminants, and solvents consistent with the laboratory requirements set by the department of revenue pursuant to article 10 of title 44.

(c) The state health agency may also include in the reference library standard sample attainment procedures and standards related to sample preparation for laboratory analysis.

(d) The state health agency shall make reference library materials, including the methodologies, publicly available and may continuously update the reference library as new materials become available.

(3.7) Repealed.

(3.8) (a) The state health agency or an organization with whom the state health agency contracts shall be responsible for proficiency testing and remediating problems with laboratories licensed pursuant to article 10 of title 44.

(b) Repealed.

(4) Notwithstanding any other requirements to the contrary, notice issued by the state health agency for a rule-making hearing pursuant to section 24-4-103, C.R.S., for rules concerning the medical marijuana program shall be sufficient if the state health agency provides the notice no later than forty-five days in advance of the rule-making hearing in at least one publication in a newspaper of general distribution in the state and posts the notice on the state health agency's website; except that emergency rules pursuant to section 24-4-103 (6), C.R.S., shall not require advance notice.

(5) Physicians. A physician who certifies a debilitating medical condition or disabling medical condition for an applicant to the medical marijuana program shall comply with all of the following requirements:

(a) The physician has a valid and active license to practice medicine, which license is in good standing, or the dentist or advanced practice practitioner holds a valid license to practice within his or her scope of practice, which license is in good standing.

(b) (I) After a physician, who has a bona fide physician-patient relationship with the patient applying for the medical marijuana program, determines, for the purposes of making a recommendation, that the patient has a debilitating medical condition or disabling medical condition and that the patient may benefit from the use of medical marijuana, the physician shall certify to the state health agency that the patient has a debilitating medical condition or disabling medical condition and that the patient may benefit from the use of medical marijuana. If the physician certifies that the patient would benefit from the use of medical marijuana based on a chronic or debilitating disease or medical condition or disabling medical condition, the physician shall specify the chronic or debilitating disease or medical condition or disabling medical condition and, if known, the cause or source of the chronic or debilitating disease or medical condition or disabling medical condition. A physician's authorization for medical marijuana must be in compliance with the provisions of this section, any rules promulgated pursuant to this section, the physician's respective practice act, article 220 of title 12 and any rules promulgated pursuant to that article for a dentist, article 240 of title 12 and any rules promulgated pursuant to that article, and article 255 of title 12 and any rules promulgated pursuant to that article for an advanced practice registered nurse.

(II) The certification must include the following:

(A) The date of issue and the effective date of the recommendation;

(B) The patient's name and address;

(C) The authorizing physician's name, address, and federal drug enforcement agency number;

(D) The maximum THC potency level of medical marijuana being recommended;

(E) The recommended product, if any;

(F) The patient's daily authorized quantity, if such quantity exceeds the maximum statutorily allowed amount for the patient's age;

(G) Directions for use; and

(H) The authorizing physician's signature.

(III) The authorizing physician shall provide the patient with a copy of the certification.

(c) The physician shall maintain a record-keeping system, including a copy of the certification, for all patients for whom the physician has authorized the medical use of marijuana, and, pursuant to an investigation initiated pursuant to section 12-240-125, the physician shall produce such medical records to the Colorado medical board after redacting any patient or primary caregiver identifying information. The physician shall maintain the medical records of the patient's visit and the physician shall respond to a treating physician's request for medical records to treat the patient with the certification with the patient's permission.

(d) A physician shall not:

(I) Accept, solicit, or offer any form of pecuniary remuneration from or to a primary caregiver, distributor, or any other provider of medical marijuana;

(II) Offer a discount or any other thing of value to a patient who uses or agrees to use a particular primary caregiver, distributor, or other provider of medical marijuana to procure medical marijuana;

(III) Examine a patient for purposes of diagnosing a debilitating medical condition or a disabling medical condition at a location where medical marijuana is sold or distributed;

(IV) Hold an economic interest in an enterprise that provides or distributes medical marijuana if the physician certifies the debilitating medical condition or disabling medical condition of a patient for participation in the medical marijuana program; or

(V) Charge a patient an additional fee to recommend an extended plant count or for a recommendation that is an exception to any requirement in this section or article 10 of title 44.

(e) Only a physician can make a medical marijuana recommendation; except that, when making a medical marijuana recommendation for a patient with a disabling medical condition, the recommendation may be made by a medical doctor, dentist, or advanced practice practitioner with prescriptive authority acting within the scope of his or her practice.

(f) A physician who makes medical marijuana recommendations shall take a medical continuing education course regarding medical marijuana that is at least five hours every two years.

(g) The department shall report on or before January 31 of each year the number of physicians who made medical marijuana recommendations in the previous year and without identifying the physician the number of recommendations each physician made and the aggregate number of homebound patients ages eighteen to twenty in the registry.

(5.5) Patients eighteen to twenty years of age. (a) Notwithstanding any other provisions of this section to the contrary, a patient with a debilitating or disabling medical condition who is eighteen to twenty years of age is not eligible for the medical marijuana program unless:

(I) Two physicians from separate medical practices have diagnosed the patient as having a debilitating or disabling medical condition after an in-person consultation. If one of the recommending physicians is not the patient's primary care physician, the recommending physician shall review the records of a diagnosing physician or a licensed mental health provider acting within the physician's or provider's scope of practice. The requirement that the two physicians be from separate medical practices does not apply if the patient is homebound or if the patient had a medical marijuana registration card before age eighteen.

(II) One of the physicians referred to in subsection (5.5)(a)(I) of this section has explained the possible risks and benefits of the medical use of marijuana to the patient;

(III) The physician referred to in subsection (5.5)(a)(II) of this section has provided the patient with the written documentation specifying that the patient has been diagnosed with a debilitating or disabling medical condition and the physician has concluded that the patient might benefit from the medical use of marijuana; and

(IV) The patient attends follow-up appointments every six months after the initial appointment with one of the physicians referred to in subsection (5.5)(a)(I) of this section; except that this subsection (5.5)(a)(IV) does not apply to a homebound patient.

(b) This subsection (5.5) does not apply to a patient eighteen to twenty years of age if the patient had a registry identification card prior to eighteen years of age.

(6) Enforcement. (a) If the state health agency has reasonable cause to believe that a physician has violated section 14 of article XVIII of the state constitution, subsection (5) of this section, or the rules promulgated by the state health agency pursuant to subsection (3) of this section, the state health agency may refer the matter to the Colorado medical board created in section 12-240-105 for an investigation and determination.

(b) If the state health agency has reasonable cause to believe that a physician has violated paragraph (d) of subsection (5) of this section, the state health agency shall conduct a hearing pursuant to section 24-4-104, C.R.S., to determine whether a violation has occurred.

(c) Upon a finding of unprofessional conduct pursuant to section 12-240-121 (1)(dd) by the Colorado medical board or a finding of a violation of subsection (5)(d) of this section by the state health agency, the state health agency shall restrict a physician's authority to recommend the use of medical marijuana, which restrictions may include the revocation or suspension of a physician's privilege to recommend medical marijuana. The restriction shall be in addition to any sanction imposed by the Colorado medical board.

(d) When the state health agency has objective and reasonable grounds to believe and finds, upon a full investigation, that a physician has deliberately and willfully violated section 14 of article XVIII of the state constitution or this section and that the public health, safety, or welfare imperatively requires emergency action, and the state health agency incorporates those findings into an order, the state health agency may summarily suspend the physician's authority to recommend the use of medical marijuana pending the proceedings set forth in paragraphs (a) and (b) of this subsection (6). A hearing on the order of summary suspension shall be held no later than thirty days after the issuance of the order of summary suspension, unless a longer time is agreed to by the parties, and an initial decision in accordance with section 24-4-105 (14), C.R.S., shall be rendered no later than thirty days after the conclusion of the hearing concerning the order of summary suspension.

(7) Primary caregivers. (a) A primary caregiver may not delegate to any other person his or her authority to provide medical marijuana to a patient; nor may a primary caregiver engage others to assist in providing medical marijuana to a patient; except that a parent primary caregiver may use the services of an assistant for advisement, cultivation, or transportation.

(b) Two or more primary caregivers shall not join together for the purpose of cultivating medical marijuana.

(c) Only a medical marijuana center with an optional premises cultivation license, a medical marijuana-infused products manufacturing operation with an optional premises cultivation license, or a primary caregiver for his or her patients or a patient for himself or herself may cultivate or provide medical marijuana.

(d) A primary caregiver shall provide to a law enforcement agency, upon inquiry, the registry identification card number of each of his or her patients. The state health agency shall maintain a registry of this information and make it available twenty-four hours per day and seven days a week to law enforcement for verification purposes. Upon inquiry by a law enforcement officer as to an individual's status as a patient or primary caregiver, the state health agency shall check the registry. If the individual is not registered as a patient or primary caregiver, the state health agency may provide that response to law enforcement. If the person is a registered patient or primary caregiver for a patient with a debilitating medical condition or a disabling medical condition, the state health agency may not release information unless consistent with section 14 of article XVIII of the state constitution. The state health agency may promulgate rules to provide for the efficient administration of this subsection (7)(d).

(e) (I) (A) In order to be a primary caregiver who cultivates medical marijuana for his or her patients or transports medical marijuana for his or her patients, he or she shall also register with the state licensing authority and comply with all local laws, regulations, and zoning and use restrictions. A person may not register as a primary caregiver if he or she is licensed as a medical marijuana business or a retail marijuana business as described in part 4 of article 10 of title 44. An employee, contractor, or other support staff employed by a licensed entity or working in or having access to a restricted area of a licensed premises pursuant to article 10 of title 44 may be a primary caregiver.

(B) A cultivating primary caregiver, when registering, shall provide the cultivation operation location, the registration number of each patient, and any extended plant count numbers and their corresponding patient registry numbers.

(C) A transporting primary caregiver, when registering, shall provide the registration number of each homebound patient, the total number of plants and ounces that the caregiver is authorized to transport, if applicable, and the location of each patient's registered medical marijuana center or cultivating primary caregiver, as applicable. A transporting caregiver shall have on his or her person a receipt from the medical marijuana center or primary caregiver when transporting medical marijuana that shows the quantity of medical marijuana purchased by or provided to the transporting caregiver.

(D) The state licensing authority may verify patient registration numbers and extended plant count numbers with the state health agency to confirm that a patient does not have more than one primary caregiver, or does not have both a designated caregiver and medical marijuana center, cultivating medical marijuana on his or her behalf at any given time.

(E) If a peace officer makes a law enforcement contact with a primary caregiver who does not have proper documentation showing registration with the state licensing authority, the peace officer may report that individual to the state licensing authority or may take appropriate law enforcement action. The person may be subject to any chargeable criminal offenses.

(II) The state licensing authority shall share the minimum necessary information in accordance with applicable federal and state laws, such as patient and caregiver identification numbers, to verify that a patient has only one entity cultivating medical marijuana on his or her behalf at any given time.

(III) The information provided to the state licensing authority pursuant to this paragraph (e) shall not be provided to the public and is confidential. The state licensing authority shall verify the location of a primary caregiver cultivation operation to a local government or law enforcement agency upon receiving an address-specific request for verification. The location of the cultivation operation must comply with all applicable local laws, rules, or regulations.

(f) A cultivating primary caregiver shall only cultivate plants at the registered cultivation location as required pursuant to paragraph (e) of this subsection (7) and as permitted pursuant to subparagraphs (I) and (II)(B) of paragraph (a) of subsection (8.6) of this section. Nothing in this paragraph (f) shall be construed to limit the ability of the caregiver or person twenty-one years of age or older who makes permanent residence at the registered cultivation location from cultivating or possessing up to six plants pursuant to article XVIII, section 16, of the Colorado constitution. Notwithstanding these provisions, additional cultivation is not lawful at the premises registered by a caregiver to cultivate on behalf of patients.

(8) Patient - primary caregiver relationship. (a) (I) A person shall be listed as a cultivating or transporting primary caregiver for no more than five patients on the medical marijuana program registry at any given time; except that the state health agency may allow a primary caregiver to serve more than five patients in exceptional circumstances. In determining whether exceptional circumstances exist, the state health agency may consider the proximity of medical marijuana centers to the patient, as well as other factors.

(II) A cultivating or transporting primary caregiver shall maintain a list of his or her patients, including the registry identification card number of each patient and a recommended total plant count, at all times.

(b) (I) A patient may have only one primary caregiver at any given time; except that, on or after December 1, 2020, a patient who is under eighteen years of age may have each parent or guardian to act as a primary caregiver or, if the patient is under the jurisdiction of the juvenile court, the judge presiding over the case may determine who is the primary caregiver.

(II) The short title of this subsection (8)(b) is "Ethan's Law".

(c) A patient who has designated a primary caregiver for himself or herself may not be designated as a primary caregiver for another patient.

(d) A primary caregiver may not charge a patient more than the cost of cultivating or purchasing the medical marijuana, but may charge for caregiver services.

(e) (I) The state health agency shall maintain a secure and confidential registry of available primary caregivers for those patients who are unable to secure the services of a primary caregiver.

(II) An existing primary caregiver may indicate at the time of registration whether he or she would be willing to handle additional patients and waive confidentiality to allow release of his or her contact information to physicians or registered patients only.

(III) An individual who is not registered but is willing to provide primary caregiving services may submit his or her contact information to be placed on the primary caregiver registry.

(IV) A patient-primary caregiver arrangement secured pursuant to this paragraph (e) shall be strictly between the patient and the potential primary caregiver. The state health agency, by providing the information required by this paragraph (e), shall not endorse or vouch for a primary caregiver.

(V) The state health agency may make an exception, based on a request from a patient, to paragraph (a) of this subsection (8) limiting primary caregivers to five patients. If the state health agency makes an exception to the limit, the state health agency shall note the exception on the primary caregiver's record in the registry.

(f) At the time a patient applies for inclusion on the confidential registry, the patient shall indicate whether the patient intends to cultivate his or her own medical marijuana, both cultivate his or her own medical marijuana and obtain it from either a primary caregiver or licensed medical marijuana center, or obtain it from either a primary caregiver or a licensed medical marijuana center. If the patient elects to use a licensed medical marijuana center, the patient shall register the primary center he or she intends to use.

(g) Notwithstanding any other provision of law, a primary caregiver shall not grow, sell, or process marijuana for any person unless:

(I) The person is a patient holding a current and valid registry identification card; and

(II) The primary caregiver is currently identified on the medical marijuana registry as that patient's primary caregiver.

(8.5) Encourage patient voluntary registration - plant limits. (a) (I) All patients cultivating more than six medical marijuana plants for their own medical use are encouraged to register with the state licensing authority's registry created pursuant to subsection (7) of this section. A patient who chooses to register shall update his or her registration information upon renewal of his or her medical marijuana registry card.

(II) A patient who chooses to register shall register the following information with the state licensing authority: The location of his or her cultivation operation; his or her patient registration identification; and the total number of plants that the patient is authorized to cultivate.

(a.5) (I) Unless otherwise expressly authorized by local law, it is unlawful for a patient to possess at or cultivate on a residential property more than twelve marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property; except that it is unlawful for a patient to possess at or cultivate on or in a residential property more than twenty-four marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property if a patient:

(A) Lives in a county, municipality, or city and county that does not limit the number of marijuana plants that may be grown on or in a residential property;

(B) Registers pursuant to this subsection (8.5) with the state licensing authority's registry; and

(C) Provides notice to the applicable county, municipality, or city and county of his or her residential cultivation operation if required by the jurisdiction. A local jurisdiction shall not provide the information provided to it pursuant to this subsection (8.5)(a.5)(I)(C) to the public, and the information is confidential.

(II) A patient who cultivates more marijuana plants than permitted in subsection (8.5)(a.5)(I) of this section shall locate his or her cultivation operation on a property, other than a residential property, where marijuana cultivation is allowed by local law and shall comply with any applicable local law requiring disclosure about the cultivation operation. Cultivation operations conducted in a location other than a residential property are subject to any county and municipal building and public health inspection required by local law. A person who violates this subsection (8.5)(a.5) is subject to the offenses and penalties described in section 18-18-406.

(b) A patient shall not cultivate more than ninety-nine plants. Only a medical marijuana business licensed and properly authorized pursuant to article 10 of title 44 may cultivate more than ninety-nine plants.

(b.5) A patient who cultivates his or her own medical marijuana plants shall comply with all local laws, regulations, and zoning and use restrictions.

(c) The information provided to the state licensing authority pursuant to this subsection (8.5) shall not be provided to the public and is confidential. The state licensing authority shall verify the location of a medical marijuana cultivation site for patient cultivation operations to a local government or law enforcement agency upon receiving a request for verification. The location of the cultivation operation shall comply with all applicable local laws, rules, or regulations.

(d) The state licensing authority shall provide cultivation information for patients who choose to register to state and local law enforcement through the Colorado crime information center. The Colorado bureau of investigation shall include proper use of medical marijuana information in audits of state and local law enforcement agencies.

(8.6) Primary caregivers plant limits - exceptional circumstances. (a) (I) A primary caregiver shall not cultivate, transport, or possess more than thirty-six plants unless the primary caregiver has one or more patients who, based on medical necessity, have an extended plant count.

(I.5) Unless otherwise expressly authorized by local law, it is unlawful for a primary caregiver to possess at or cultivate on a residential property more than twelve marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property; except that it is unlawful for a primary caregiver to possess at or cultivate on or in a residential property more than twenty-four marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property if a primary caregiver:

(A) Lives in a county, municipality, or city and county that does not limit the number of marijuana plants that may be grown on or in a residential property;

(B) Is registered pursuant to this subsection (8.6) with the state licensing authority's registry; and

(C) Provides notice to the applicable county, municipality, or city and county of his or her residential cultivation operation if required by the jurisdiction. A local jurisdiction shall not provide the information provided to it pursuant to this subsection (8.6)(a)(I.5) to the public, and the information is confidential.

(I.6) Any primary caregiver who cultivates more marijuana plants than permitted in subsection (8.6)(a)(I.5) of this section shall locate his or her cultivation operation on a property, other than a residential property, where marijuana cultivation is allowed by local law and shall comply with any applicable local law requiring disclosure about the cultivation operation. Cultivation operations conducted in a location other than a residential property are subject to any county and municipal building and public health inspection required by local law. A person who violates subsection (8.6)(a)(I) of this section is subject to the offenses and penalties described in section 18-18-406.

(II) (A) A primary caregiver who cultivates more than thirty-six plants shall register the information required in sub-subparagraph (B) of this subparagraph (II) with the state licensing authority's registry created pursuant to paragraph (e) of subsection (7) of this section. A primary caregiver shall update his or her registration information upon renewal of his or her primary caregiver registration.

(B) A primary caregiver subject to the registry in this subparagraph (II) shall register the following information with the state licensing authority: The location of his or her cultivation operation; the patient registration identification number for each of the primary caregiver's patients; and any extended plant count numbers and their corresponding patient registry numbers.

(b) A primary caregiver shall not cultivate more than ninety-nine plants. Only a medical marijuana business licensed and properly authorized pursuant to article 10 of title 44 may cultivate more than ninety-nine plants. The primary caregiver is not allowed to grow additional plants until he or she is licensed by the state licensing authority.

(c) The information provided to the state licensing authority pursuant to this subsection (8.6) shall not be provided to the public and is confidential. The state licensing authority shall verify the location of extended plant counts for primary caregiver cultivation operations and homebound patient registration for transporting caregivers to a local government or law enforcement agency upon receiving a request for verification. The location of the cultivation operation shall comply with all applicable local laws, rules, or regulations.

(d) The state licensing authority shall provide cultivation information for cultivating caregivers and transporting caregivers to state and local law enforcement through the Colorado crime information center. The Colorado bureau of investigation shall include proper use of medical marijuana information in audits of state and local law enforcement agencies.

(9) Registry identification card required - denial - revocation - renewal. (a) A person with a disabling medical condition may apply to the state health agency for a registry identification card. To be considered in compliance with the provisions of section 14 of article XVIII of the state constitution, this section, and the rules of the state health agency, a patient or primary caregiver shall have his or her registry identification card in his or her possession at all times that he or she is in possession of any form of medical marijuana and produce the same upon request of a law enforcement officer to demonstrate that the patient or primary caregiver is not in violation of the law; except that, if more than thirty-five days have passed since the date the patient or primary caregiver filed his or her medical marijuana program application and the state health agency has not yet issued or denied a registry identification card, a copy of the patient's or primary caregiver's application along with proof of the date of submission shall be in the patient's or primary caregiver's possession at all times that he or she is in possession of any form of medical marijuana until the state health agency issues or denies the registry identification card. A person who violates section 14 of article XVIII of the state constitution, this section, or the rules promulgated by the state health agency may be subject to criminal prosecution for violations of section 18-18-406.

(b) The state health agency may deny a patient's or primary caregiver's application for a registry identification card or revoke the card if the state health agency, in accordance with article 4 of title 24, determines that the physician who diagnosed the patient's debilitating medical condition or disabling medical condition, the patient, or the primary caregiver violated section 14 of article XVIII of the state constitution, this section, or the rules promulgated by the state health agency pursuant to this section; except that, when a physician's violation is the basis for adverse action, the state health agency may only deny or revoke a patient's application or registry identification card when the physician's violation is related to the issuance of a medical marijuana recommendation.

(c) A patient or primary caregiver registry identification card is valid for one year unless the state health agency changes the length of validity pursuant to its authority in subsection (3)(d) of this section and must contain a unique identification number. It is the responsibility of the patient or primary caregiver to apply to renew his or her registry identification card prior to the date on which the card expires. The state health agency shall develop a form for a patient or primary caregiver to use in renewing his or her registry identification card.

(d) If the state health agency grants a patient a waiver to allow a primary caregiver to transport the patient's medical marijuana from a medical marijuana center to the patient, the state health agency shall designate the waiver on the patient's registry identification card.

(e) A homebound patient who receives a waiver from the state health agency to allow a primary caregiver to transport the patient's medical marijuana to the patient from a medical marijuana center shall provide the primary caregiver with the patient's registry identification card, which the primary caregiver shall carry when the primary caregiver is transporting the medical marijuana. A medical marijuana center may provide the medical marijuana to the primary caregiver for transport to the patient if the primary caregiver produces the patient's registry identification card.

(10) Renewal of patient identification card upon criminal conviction. Any patient who is convicted of a criminal offense under article 18 of title 18, who is sentenced or ordered by a court to treatment for a substance use disorder, or sentenced to the division of youth services, is subject to immediate revocation of his or her patient registry identification card, and the patient may apply for the renewal based upon a recommendation from a physician with whom the patient has a bona fide physician-patient relationship.

(11) A parent who submits a medical marijuana registry application for his or her child shall have his or her signature notarized on the application.

(12) Use of medical marijuana. (a) The use of medical marijuana is allowed under state law to the extent that it is carried out in accordance with the provisions of section 14 of article XVIII of the state constitution, this section, and the rules of the state health agency.

(b) A patient or primary caregiver shall not:

(I) Engage in the medical use of marijuana in a way that endangers the health and well-being of a person;

(II) Engage in the medical use of marijuana in plain view of or in a place open to the general public;

(III) Undertake any task while under the influence of medical marijuana, when doing so would constitute negligence or professional malpractice;

(IV) Possess medical marijuana or otherwise engage in the use of medical marijuana in or on the grounds of a school, in a school bus, or at a school-sponsored event except when the possession or use occurs pursuant to section 22-1-119.3, C.R.S.;

(V) Engage in the use of medical marijuana while:

(A) In a correctional facility or a community corrections facility;

(B) Subject to a sentence to incarceration; or

(C) In a vehicle, aircraft, or motorboat;

(VI) Operate, navigate, or be in actual physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; or

(VII) Use medical marijuana if the person does not have a debilitating medical condition or disabling medical condition as diagnosed by the person's physician in the course of a bona fide physician-patient relationship and for which the physician has recommended the use of medical marijuana.

(c) A person shall not establish a business to permit patients to congregate and smoke or otherwise consume medical marijuana.

(13) Repealed.

(13.5) Nothing herein shall reduce or eliminate the existing power of a statutory municipality or county through the "Local Government Land Use Control Enabling Act of 1974", article 20 of title 29, C.R.S., to regulate the growing of marijuana, commercially or otherwise.

(14) Affirmative defense. If a patient or primary caregiver raises an affirmative defense as provided in section 14 (4)(b) of article XVIII of the state constitution or subsection (2.5)(g)(II) of this section, the patient's physician shall certify the specific amounts in excess of two ounces that are necessary to address the patient's debilitating medical condition or disabling medical condition and why such amounts are necessary. A patient who asserts this affirmative defense shall waive confidentiality privileges related to the condition or conditions that were the basis for the recommendation. If a patient, primary caregiver, or physician raises an exception to the state criminal laws as provided in section 14 (2)(b) or (2)(c) of article XVIII of the state constitution or subsection (2.5)(c) or (2.5)(d) of this section, the patient, primary caregiver, or physician waives the confidentiality of his or her records related to the condition or conditions that were the basis for the recommendation maintained by the state health agency for the medical marijuana program. Upon request of a law enforcement agency for such records, the state health agency shall only provide records pertaining to the individual raising the exception, and shall redact all other patient, primary caregiver, or physician identifying information.

(15) (a) Except as provided in paragraph (b) of this subsection (15), the state health agency shall establish a basic fee that shall be paid at the time of service of any subpoena upon the state health agency, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there shall be paid, in advance, a sum to be established by the state health agency for each day of attendance to cover the expenses of the person named in the subpoena.

(b) The subpoena fee established pursuant to paragraph (a) of this subsection (15) shall not be applicable to any federal, state, or local governmental agency.

(16) Fees. (a) The state health agency may collect fees from patients who, pursuant to section 14 of article XVIII of the state constitution or subsection (9) of this section, apply to the medical marijuana program for a registry identification card for the purpose of offsetting the state health agency's direct and indirect costs of administering the program. The amount of the fees shall be set by rule of the state health agency. The amount of the fees set pursuant to this section shall reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402 (3). The state health agency shall not assess a medical marijuana registry application fee to an applicant who demonstrates, pursuant to a copy of the applicant's state tax return certified by the department of revenue, that the applicant's income does not exceed one hundred eighty-five percent of the federal poverty line, adjusted for family size. All fees collected by the state health agency through the medical marijuana program shall be transferred to the state treasurer who shall credit the same to the medical marijuana program cash fund, which fund is hereby created.

(b) Repealed.

(17) Cash fund. (a) The medical marijuana program cash fund shall be subject to annual appropriation by the general assembly to the state health agency for the purpose of establishing, operating, and maintaining the medical marijuana program. All moneys credited to the medical marijuana program cash fund and all interest derived from the deposit of such moneys that are not expended during the fiscal year shall be retained in the fund for future use and shall not be credited or transferred to the general fund or any other fund.

(b) (Deleted by amendment, L. 2010, (HB 10-1284), ch. 355, p. 1677, § 2, effective July 1, 2010.)

(b.5) (Deleted by amendment, L. 2014.)

(c) and (d) Repealed.

(e) Notwithstanding any provision of paragraph (a) of this subsection (17) to the contrary, on July 1, 2014, and each July 1 through 2018, the state treasurer shall transfer two hundred thousand dollars from ten million dollars available for transfer pursuant to paragraph (d) of this subsection (17) in the medical marijuana program cash fund to the subaccount to be used for administrative purposes to administer the medical marijuana health research grant program created pursuant to section 25-1.5-106.5.

(f) Notwithstanding any provision of subsection (17)(e) of this section to the contrary, one hundred thousand dollars from the subaccount may be used for administrative purposes to administer the medical marijuana research grant program created pursuant to section 25-1.5-106.5 for each of the fiscal years 2019-20, 2020-21, 2021-22, 2022-23, and 2023-24.

(18) (a) This section is repealed, effective September 1, 2028.

(b) Prior to the repeal of this section, the department of regulatory agencies shall conduct a sunset review as described in section 24-34-104 (5), C.R.S.
C.R.S. § 25-3-115 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-115
25-3-115. Stroke advisory board - creation - membership - duties - report - definition - r
Status: repealed

25-3-115. Stroke advisory board - creation - membership - duties - report - definition - repeal. (1) (a) There is created in the department the stroke advisory board, the purpose of which is to evaluate potential strategies for stroke prevention and treatment and develop a statewide needs assessment identifying relevant resources. The governor shall appoint eighteen members to the stroke advisory board as follows:

(I) Six physicians who are actively involved in stroke care and who satisfy the following criteria: One physician who is board-certified in primary care; one physician who is board-certified in vascular neurology; one physician who is privileged and actively practicing interventional neuroradiology; one physician who is board-certified in neurosurgery; one physician representing a statewide chapter of emergency physicians; and one physician who is a board-certified neurologist serving patients in a rural area of the state;

(II) One member representing a statewide association of physicians;

(III) One member representing a statewide hospital association;

(IV) One member who is an emergency medical service provider, as defined in section 25-3.5-103 (8);

(V) One member who is a registered nurse involved in stroke care;

(VI) One hospital administrator from a hospital located in a rural area of the state;

(VII) One hospital administrator from a hospital located in an urban area of the state;

(VIII) One representative from a stroke rehabilitation facility;

(IX) One member who is a Colorado resident representing a national association whose goal is to eliminate cardiovascular disease and stroke;

(X) One member who is a Colorado resident representing a national stroke association;

(XI) One member who is a physical or occupational therapist actively involved in stroke care;

(XII) One member of the public who has suffered a stroke or is the caregiver of a person who has suffered a stroke; and

(XIII) One member who is an expert in stroke database management.

(b) The executive director of the department or the executive director's designee shall serve as an ex officio member of the stroke advisory board.

(c) Members of the stroke advisory board serve without compensation and are not entitled to reimbursement of expenses incurred in serving on or performing duties of the advisory board.

(2) (a) The stroke advisory board shall study and make recommendations for developing a statewide plan to improve quality of care for stroke patients. In conducting the study, the stroke advisory board shall explore the following issues, without limitation:

(I) Creation of a state database or registry consisting of data on stroke care that mirrors the data hospitals submit to nationally recognized organizations;

(II) Access to aggregated stroke data, which must exclude any identifying or confidential information about the reporting hospital or patients treated by the hospital, from a state database that may be developed or from a nationally recognized organization by the advisory board, by any person who submits a written request for the data;

(III) Evaluation of currently available stroke treatments and the development of recommendations, based on medical evidence, for ways to improve stroke prevention and treatment;

(IV) A plan that would encourage rural and urban hospitals to coordinate services for the necessary referral or receipt of patients requiring stroke care in the state; and

(V) The criteria used by nationally recognized bodies for designating a hospital in stroke care and whether a designation is appropriate or needed to assure access to the best quality care for Colorado residents with stroke events.

(b) By January 31, 2014, and by each January 1 thereafter, the stroke advisory board shall submit a report specifying its findings and recommendations to the health and human services committee of the senate, the health, insurance, and environment committee of the house of representatives, or their successor committees, and the department. The stroke advisory board shall include in its report a recommendation on whether a designation of a hospital in stroke care is appropriate or needed to assure access to the best quality care for Colorado residents with stroke events.

(3) The stroke advisory board may accept and expend, subject to appropriation by the general assembly, gifts, grants, and donations to pay the stroke advisory board's direct expenses. The stroke advisory board shall transmit any monetary gifts, grants, or donations it receives to the state treasurer for deposit in the health facilities general licensure cash fund.

(3.5) The department staff is not required to provide any financial support or perform any administrative duties related to the operation of the stroke advisory board.

(4) As used in this section, unless the context otherwise requires, "department" means the department of public health and environment.

(5) This section is repealed, effective September 1, 2028. Prior to the repeal, the department of regulatory agencies shall review the functions of the stroke advisory board in accordance with section 2-3-1203, C.R.S.
C.R.S. § 25-4-103 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-103
25-4-103. Construction requirements
Status: in_force

25-4-103. Construction requirements. The sidewalls, floors, and ceilings of every bakery, confectionery, creamery, cheese factory, and hotel or restaurant kitchen and every building, room, basement, or enclosure occupied or used for the preparation, manufacture, packing, storage, sale, or distribution of food shall be so constructed that they can easily be kept clean.
C.R.S. § 25-15-200.1 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-200.1
25-15-200.1. Short title
Status: in_force

25-15-200.1. Short title. This part 2 shall be known and may be cited as the "State Hazardous Waste Siting Act".
C.R.S. § 25-25-112 — CO Code / Title 25 / Article 25 / Section 25-25-112
25-25-112. Security for bonds and notes
Status: in_force

25-25-112. Security for bonds and notes. (1) The principal of and interest on any bonds or notes issued by the authority may be secured by a pledge of, or security interest in, the revenues, rentals, and receipts out of which the same may be made payable or from other moneys available therefor and not otherwise pledged or used as security and may be secured by a trust indenture, mortgage, or deed of trust (including assignment of leases or other contract rights of the authority thereunder) covering all or any part of the facilities from which the revenues, rentals, or receipts so pledged or used as security may be derived, including any enlargements of and additions to any such facility thereafter made. The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions which shall be a part of the contract with the holders of the bonds or notes to be authorized as to:

(a) Pledging or providing a security interest in all or any part of the revenues of a facility or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation, or association or other body, public or private, to secure the payment of the bonds or notes or of any particular issue of bonds, subject to such agreements with noteholders or bondholders as may then exist;

(b) Maintenance of the properties covered thereby;

(c) Fixing and collection of mortgage payments, rents, fees, and other charges to be charged and the amounts to be raised in each year thereby, and the use and disposition of the revenues;

(d) Setting aside, creation, and maintenance of special and reserve funds and sinking funds and the use and disposition of the revenues;

(e) Limitations on the right of the authority or its agent to restrict and regulate the use of the facilities;

(f) Limitations on the purpose to which the proceeds of sale of any issue of bonds or notes then or thereafter to be issued may be applied, and pledging or providing a security interest in such proceeds to secure the payment of the bonds or notes or any issue of the bonds or notes;

(g) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds;

(h) The procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given;

(i) Limitations on the amount of moneys derived from a facility to be expended for operating, administrative, or other expenses of the authority;

(j) Defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default;

(k) Mortgaging of a facility and the site thereof for the purpose of securing the bondholders or noteholders;

(l) Such other additional covenants, agreements, and provisions as are judged advisable or necessary by the authority for the security of the holders of such bonds or notes.

(2) Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Each pledge, agreement, lease, indenture, mortgage, and deed of trust made for the benefit or security of any of the bonds of the authority shall continue to be effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture, mortgage, or deed of trust executed as security therefor, said payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity, foreclosure of any mortgage and deed of trust, or any one or more of said remedies.

(3) In addition to the provisions of subsections (1) and (2) of this section, bonds of the authority may be secured by a pooling of leases, loans, or mortgages whereby the authority may assign its rights, as lessor, lender, or mortgagee, and pledge rents, loan payments, or mortgage payments under two or more leases, loans, or mortgages, with two or more participating health institutions as lessees, borrowers, or mortgagors, respectively, upon such terms as may be provided for in the resolutions of the authority or as may be provided for in a trust indenture or mortgage or deed of trust authorized by the authority.
C.R.S. § 25-1-1510 — CO Code / Title 25 / Article 1 / Part 15 / Section 25-1-1510
25-1-1510. Funding - gifts, grants, or donations
Status: in_force

25-1-1510. Funding - gifts, grants, or donations. (1) The general assembly may appropriate money from the general fund to the department for allocation to the council to carry out council activities and to contract for the services of a facilitator.

(2) Members of the council and any facilitator may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 15.

(3) The council shall deposit any money collected through gifts, grants, or donations in an insured account at a Colorado financial institution and otherwise exercise fiduciary responsibilities over council money.
C.R.S. § 25-3-605 — CO Code / Title 25 / Article 3 / Part 6 / Section 25-3-605
25-3-605. Confidentiality
Status: in_force

25-3-605. Confidentiality. (1) Except as provided by subsection (5) of this section, all information and materials obtained and compiled by the department under this part 6 or compiled by a health facility under this part 6, including all related information and materials, are confidential; are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person, subject to subsection (2) of this section; and may not be admitted as evidence or otherwise disclosed in a civil, criminal, or administrative proceeding.

(2) The confidential protections under subsection (1) of this section shall apply without regard to whether the information or materials are obtained from or compiled by a health facility or an entity that has ownership or management interests in a health facility.

(3) The transfer of information or materials under this part 6 is not a waiver of a privilege or protection granted under law.

(4) Information reported by a health facility under this part 6 and analyses, plans, records, and reports obtained, prepared, or compiled by a health facility under this part 6 and all related information and materials are subject to an absolute privilege and shall not be used in any form against the health facility, its agents, employees, partners, assignees, or independent contractors in any civil, criminal, or administrative proceeding, regardless of the means by which a person came into possession of the information, analysis, plan, record, report, or related information or materials.

(5) The provisions of this section regarding the confidentiality of information or materials compiled or reported by a health facility in compliance with or as authorized under this part 6 shall not restrict access, to the extent authorized by law, by the patient or the patients' legally authorized representative to records of the patient's medical diagnosis or treatment or to other primary health records.
C.R.S. § 25-4-1004 — CO Code / Title 25 / Article 4 / Part 10 / Section 25-4-1004
25-4-1004. Newborn screening - rules
Status: repealed

25-4-1004. Newborn screening - rules.

(1) (a) Repealed.

(b) Infants born in the state of Colorado shall be tested for the following conditions: Phenylketonuria, hypothyroidism, abnormal hemoglobins, galactosemia, cystic fibrosis, biotinidase deficiency, and such other conditions as the state board may determine meet the criteria set forth in subsection (1)(c) of this section. The birthing facility where the infant is born shall forward all appropriate specimens to the laboratory operated or designated by the department. The physician, nurse, midwife, or other health professional attending a birth outside a birthing facility is responsible for collecting and forwarding the specimens. The laboratory shall forward the results of the testing directly to the physician, primary care provider, or other health-care provider as needed for the provision of such information to the parent, parents, or guardians of the child. The results of any testing or follow-up testing pursuant to section 25-4-1004.5 may be sent to the immunization tracking system authorized by section 25-4-2403 and accessed by the physician or other primary health-care provider. The state board may discontinue testing for any condition listed in this subsection (1)(b) if, upon consideration of criteria set forth in subsection (1)(c) of this section, the state board finds that the public health is better served by not testing infants for that condition. Testing under this subsection (1)(b) is not required if the parent or legal guardian objects.

(c) The state board shall use the following criteria to determine whether to test infants for conditions that are not specifically enumerated in this subsection (1):

(I) The condition for which the test is designed presents a significant danger to the health of the infant or his family and is amenable to treatment;

(II) The incidence of the condition is sufficiently high to warrant screening;

(III) The test meets commonly accepted clinical standards of reliability, as demonstrated through research or use in another state or jurisdiction; and

(IV) The cost-benefit consequences of screening are acceptable within the context of the total newborn screening program.

(1.5) If the department deems that new conditions for which an infant must be tested should be added, the department shall report the added conditions to the general assembly during its presentation in accordance with the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. The department shall also notify the joint budget committee and the health and human services committee of the senate and the health, insurance, and environment committee and the public health care and human services committee of the house of representatives, or their successor committees, within sixty days after the department recommends a new condition and include the added conditions in the department's annual budget request submitted to the general assembly each November 1.

(2) The executive director of the department of public health and environment shall assess a fee that is sufficient to cover the direct and indirect costs of the testing required by this section and to accomplish the other purposes of this part 10. Birthing facilities may assess a reasonable fee to be charged the parent, parents, or guardians of the infant to cover the costs of handling the specimens, the reimbursement of laboratory costs, and the costs of providing other services, including the connection of follow-up services and care to infants identified as at risk through screening, necessary to implement the purposes of this part 10.

(3) The state board shall promulgate rules concerning the requirements of the newborn screening program for genetic and metabolic disorders, including:

(a) In addition to those conditions listed in subsection (1)(b) of this section, any other conditions for which testing must occur;

(b) Obtaining samples or specimens from newborn infants required for the tests prescribed by the state board; and

(c) The handling and delivery of samples or specimens for testing and examination.
C.R.S. § 25-1-801 — CO Code / Title 25 / Article 1 / Part 8 / Section 25-1-801
25-1-801. Patient records in custody of health-care facility - definitions
Status: in_force

25-1-801. Patient records in custody of health-care facility - definitions. (1) (a) Every patient record in the custody of a health facility licensed or certified pursuant to section 25-1.5-103 (1) or article 3 of this title, or both, or any entity regulated under title 10, C.R.S., providing health-care services, as defined in section 10-16-102 (33), C.R.S., directly or indirectly through a managed care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, shall be available for inspection to the patient or the patient's personal representative through the attending health-care provider or the provider's designated representative at reasonable times and upon reasonable notice, except records withheld in accordance with 45 CFR 164.524 (a). A summary of records pertaining to a patient's mental health problems may, upon written request and signed and dated authorization, be made available to the patient or the patient's personal representative following termination of the treatment program.

(b) (I) (A) A health facility licensed or certified pursuant to section 25-1.5-103 (1) or article 3 of this title, or both, or an entity regulated under title 10, C.R.S., providing health-care services, as defined in section 10-16-102 (33), C.R.S., directly or indirectly through a managed care plan, as defined in section 10-16-102 (43), C.R.S., or otherwise, must provide copies of a patient's medical records, including X rays, to the patient or the patient's personal representative upon request and payment of the fee a covered entity may impose in accordance with the "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, and any rules promulgated pursuant to the act, or to a third person who requests the records upon submission of a HIPAA-compliant authorization, valid subpoena, or court order and upon the payment of the reasonable fees.

(B) The health-care facility must deliver the medical records in electronic format if the person requests electronic format, the original medical records are stored in electronic format, and the medical records are readily producible in electronic format.

(II) In the event that a licensed health-care professional determines that a copy of any X ray, mammogram, CT SCAN, MRI, or other film is not sufficient for diagnostic or other treatment purposes, the health facility or entity shall make the original of any such film available to the patient or another health-care professional or facility as specifically directed by the patient pursuant to a written authorization-request for films and upon the payment of the reasonable costs for such film. If a health facility releases an original film pursuant to this subparagraph (II), it shall not be responsible for any loss, damage, or other consequences as a result of such release. Any original X ray, mammogram, CT SCAN, MRI, or other film made available pursuant to this subparagraph (II) shall be returned upon request to the lending facility within thirty days.

(c) The hospital or related facility or institution shall post in conspicuous public places on the premises a statement of the requirements set forth in paragraphs (a) and (b) of this subsection (1) and shall make available a copy of said statement to each patient upon admission.

(d) Nothing in this section requires a person responsible for the diagnosis or treatment of sexually transmitted infections, a substance use disorder, or the use of drugs in the case of minors pursuant to sections 13-22-102 and 25-4-409 to release patient records of such diagnosis or treatment to a parent, guardian, or person other than the minor or his or her designated representative.

(2) All requests by a patient or the patient's personal representative for inspection of the patient's medical records made under this section shall be noted with the time and date of the request and the time and date of inspection noted by the attending health-care provider or his or her designated representative. The patient or personal representative shall acknowledge the fact of the inspection by dating and signing the record file. A health-care facility shall not charge a fee for the inspection of medical records.

(3) Nothing in this section shall apply to any nursing institution conducted by or for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend exclusively upon spiritual means through prayer for healing and the practice of the religion of such church or denomination.

(4) For the purposes of this section, medical information transmitted during the delivery of health care via telemedicine, as defined in section 12-240-104 (6), is part of the patient's medical record maintained by the health-care facility.

(5) As used in this part 8, unless the context otherwise requires:

(a) "HIPAA-compliant" means in compliance with the "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended.

(b) "Personal representative" has the meaning set forth in 45 CFR 164.502.

(c) (I) "Reasonable fees" means an amount not to exceed:

(A) Eighteen dollars and fifty-three cents for the first ten pages, eighty-five cents per page for the next thirty pages, and fifty-seven cents per page for each additional page; except that, if the medical records are stored on microfilm, one dollar and fifty cents per page;

(B) For radiographic studies, actual reproduction costs for each copy of a radiograph;

(C) If the authorized person requests certification of the medical records, a fee of ten dollars;

(D) Actual postage and electronic media costs, if applicable; and

(E) Applicable taxes.

(II) Notwithstanding any other provision of this part 8:

(A) If a patient record is requested by a third-party entity that is performing duties under the "Laura Hershey Disability Support Act", part 2 of article 88 of title 8, the third party may obtain one free copy of the record for the application process or for an appeal or reapplication when required by the disability benefit administrator;

(B) If maximum rates have already been established by statute or rule for a state or local government entity, those rates prevail over the rates set forth in this part 8; and

(C) This part 8 does not apply to coroners requesting medical records pursuant to section 30-10-606, C.R.S.
C.R.S. § 25-15-504 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-504
25-15-504. Application for certificate - review by governing body
Status: in_force

25-15-504. Application for certificate - review by governing body. (1) Any person desiring to own or operate a hazardous waste incinerator or processor shall make application to the governing body having jurisdiction over the area in which such incinerator, incinerator site, processor, or processor site is or is proposed to be located for a certificate of designation.

(2) An application made pursuant to the provisions of subsection (1) of this section shall be accompanied by a fee to be established by the governing body having jurisdiction. Such fee shall be based on the reasonable anticipated costs that may be incurred by such governing body in the application review and approval process imposed by this article. Such fee shall be for the reasonable costs necessary in the application review and hearing process imposed by this article and shall not exceed one hundred thousand dollars. The local governing body having jurisdiction shall provide an accounting of the actual costs incurred by such body in the application review and hearing process and shall refund any payment in excess of such costs within ninety days after completion of the certification process.

(3) An application made pursuant to the provisions of subsection (1) of this section shall set forth the location of the incinerator or processor site and incinerator or processor, the types of hazardous waste to be accepted or rejected, the types of incinerator or processor by-product disposal, the method of supervision, the anticipated access routes in the county in which the site is located, and such other information as may be required by the governing body having jurisdiction.

(4) The clerk of the governing body having jurisdiction shall promptly notify the county commissioners and the governing body of any other county or municipality within twenty miles of a proposed hazardous waste incinerator or processor upon the filing of any application for a certificate of designation for such incinerator, processor, or site.
C.R.S. § 25-4-1402 — CO Code / Title 25 / Article 4 / Part 14 / Section 25-4-1402
25-4-1402. Definitions
Status: in_force

25-4-1402. Definitions. As used in this section and sections 25-4-1403 to 25-4-1405, unless the context otherwise requires:

(1) "Program" means the Colorado HIV and AIDS prevention grant program created in section 25-4-1403.

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