Bill Tracker

Education: Dan Defibaugh, Dan Grange

Making Higher Education Attainable Interim Study
Committee. The bill requires an existing council charged with looking
at general education courses (council) to implement a plan for
determining and awarding academic credit for postsecondary education
based on work-related experience.
Furthermore, state institutions of higher education (institutions) are

required to evaluate student learning from work-related experience and
award appropriate academic credit for the experience. Also, institutions
shall accept and transfer academic credit awarded for work-related
experience as courses with guaranteed-transfer designation, unless the
council creates a plan concerning awarding and transferring academic
credit for work-related experience for courses with guaranteed-transfer
designation.

Tax & Budget: Gene Pielin, Dan Grange

Sales and Use Tax Simplification Task Force. The bill continues

the sales and use tax simplification task force for 5 years, modifies the
task force's duties, and removes the requirement that the task force
undergo an evaluation by the department of regulatory agencies prior to
the task force's repeal.

Tax & Budget: Gene Pielin, Dan Grange

Sales and Use Tax Simplification Task Force. The bill:
  • Establishes a hold harmless provision for vendors who use
the state's geographic information system database (GIS
database) to determine the jurisdictions to which sales or
use tax is owed and to calculate appropriate sales or use tax
rates for individual addresses;

  • Requires the department of revenue to notify vendors when
the GIS database is online, tested, and verified in writing
by the department of revenue to be operational, supported,
and available for use;
  • Requires the department of revenue to ensure that the GIS
database data is at least 95% accurate based on a
statistically valid sample of addresses from the database, or
based on another acceptable method of proving accuracy;
  • Requires the executive director of the department of
revenue to promulgate rules for the administration and use
of the GIS database;
  • Specifies that the statutory section regarding certified
address location databases used for collecting and remitting
sales and use tax is repealed 90 days after the date that the
revisor of statutes is notified by the department of revenue
that a geographic information system that meets the defined
scope of work set forth in the request for solicitation is
online, tested, and verified in writing by the department of
revenue to be operational, supported, and available for use;
and
  • Requires the department of revenue to notify the revisor of
statutes no later than 15 days after such a system is online,
tested, and verified in writing by the department of revenue
to be operational, supported, and available for use.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

In a construction contract of at least $150,000, the bill requires:
  • A property owner to make partial payments to the
contractor of any amount due under the contract at the end
of each calendar month or as soon as practicable after the
end of the month;
  • A property owner to pay the contractor at least 95% of the

value of satisfactorily completed work;
  • A property owner to pay the withheld percentage within 60
days after the contract is completed satisfactorily;
  • A contractor to pay a subcontractor for work performed
under a subcontract within 30 calendar days after receiving
payment for the work, not including a withheld percentage
not to exceed 5%;
  • A subcontractor to pay any supplier, subcontractor, or
laborer who provided goods, materials, labor, or equipment
to the subcontractor within 30 calendar days after receiving
payment under the subcontract; and
  • A subcontractor to submit to the contractor a list of the
suppliers, sub-subcontractors, and laborers who provided
goods, materials, labor, or equipment to the subcontractor
for the work.
The bill does not apply to contracts with public entities or to a
contract concerning one multi-family dwelling of no more than 4 units or
one single-family dwelling. A person who fails to make a required
payment must pay 1.5% interest per month until the debt is fully paid. In
a lawsuit to enforce the bill, the prevailing party is awarded attorney fees
and costs.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Zero Waste and Recycling Interim Study Committee. The bill
tasks the executive director of the department of public health and
environment (executive director) or the executive director's designee and
the commissioner of agriculture (commissioner) or the commissioner's
designee with developing an organics management plan (plan) on or
before September 1, 2022. The department of public health and

environment may incorporate the plan into the department's existing work
regarding organics management if its existing work meets the standards
established for the organics management plan.
In developing the plan, the executive director and the
commissioner are required to study and make recommendations regarding
organic waste management practices to encourage compost use on soil to
promote carbon storage.
The executive director and the commissioner must also complete
2 statewide surveys as part of the plan, with one survey examining end
uses for the major categories of organic waste feedstock generated within
the state and the other survey examining existing organic waste
generation facilities and processing capacity.
On or before February 1, 2023, the executive director, in
collaboration with the commissioner, shall submit a report summarizing
the plan to the legislative committees with jurisdiction over energy or
agricultural matters.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell

Water Resources Review Committee. The bill declares that new

technologies, such as blockchain, telemetry, improved sensors, and
advanced aerial observation platforms, can improve monitoring,
management, conservation, and trading of water and enhance confidence
in the reliability of data underlying water rights transactions. To advance
the potential use of these new technologies, the bill:
  • Authorizes and directs the university of Colorado, in
collaboration with the Colorado water institute at Colorado
state university, to conduct feasibility studies and pilot
deployments of these new technologies to improve water
management in Colorado; and
  • Appropriates $40,000 from the general fund, contingent on
the university of Colorado's receipt of a matching $40,000
in gifts, grants, and donations, for the purpose of funding
the studies and pilot programs.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The bill prohibits an employer from terminating an employee for
the employee's lawful off-duty activities that are lawful under state law

even if those activities are not lawful under federal law.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The bill grants a board of county commissioners the authority to
license and regulate any business located or business activity occurring
within the county, including short-term lodging rentals or advertising for
such rentals, and to fix the fees, terms, and manner for issuing and
revoking licenses issued therefor.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell 

Current law requires that a local board of health set the permit fee
for on-site wastewater treatment system permits in an amount to recover
the actual indirect and direct costs associated with the permit and sets a
$1,000 cap on the fee. The bill repeals the dollar limitation on the fee.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell 

The bill authorizes a local government master plan to include goals
specified in the state water plan and to include policies that condition
development approvals on implementation of those goals.

Tax & Budget: Gene Pielin, Dan Grange

The bill creates a sales tax exemption for fencing material used in
a farm operation.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The bill:
  • Clarifies when payments for benefits and penalties payable
to an injured worker are deemed paid (section 1);
  • Adds guardian and conservator services to the list of
medical aid that an employer is required to furnish to an
employee who is incapacitated as a result of a work-related
injury or occupational disease (section 2);
  • Requires a claimant for mileage reimbursement for travel
related to obtaining compensable medical care to submit a
request to the employer or insurer within 120 days after the
expense is incurred and requires the employer or insurer to
pay or dispute mileage within 30 days of submittal and to
include in the brochure of claimants' rights an explanation
of rights to mileage reimbursement and the deadline for
filing a request (sections 2 and 7);
  • Clarifies that offsets to disability benefits granted by the
federal Old-Age, Survivors, and Disability Insurance
Amendments of 1965 only apply if the payments were not
already being received by the employee at the time of the
work-related injury (section 3);
  • Prohibits the reduction of an employee's temporary total
disability, temporary partial disability, or medical benefits
based on apportionment under any circumstances; limits
apportionment of permanent impairment to specific
situations; and declares that the employer or insurer bears
the burden of proof, by a preponderance of evidence, at a
hearing regarding apportionment of permanent impairment
or permanent total disability benefits (section 4);
  • Adds the conditions that, in order for an employer or
insurer to request the selection of an independent medical
examiner when an authorized treating physician has not
determined that the employee has reached maximum
medical improvement (MMI), an examining physician must
serve a written report to the authorized treating physician
specifying that the examining physician has determined
that the employee has reached MMI; the authorized treating
physician must examine the employee at least 20 months
after the date of the injury and determine that the employee
has reached MMI; the authorized treating physician must
be served with a written report indicating MMI; and the
authorized treating physician has responded that the
employee has not reached MMI or has failed to respond
within 15 days after service of the report (section 5);
  • Changes the whole person impairment rating applicable to
an injured worker from 25% to 19% for purposes of
determining the maximum amount of combined temporary
disability and permanent partial disability payments an
injured worker may receive (section 6);
  • Prohibits an employer or insurer from withdrawing an
admission of liability 2 years after the date the admission of
liability on the issue of compensability was filed, except in
cases of fraud (section 7);
  • Prohibits the director of the division of workers'
compensation or an administrative law judge from
determining issues of compensability or liability unless
specific benefits or penalties are awarded or denied at the
same time (section 8);
  • Clarifies the scope of authority of prehearing
administrative law judges (section 9);
  • Increases the threshold amount that an injured worker must
earn in order for permanent total disability payments to
cease and allows for annual adjustment of the threshold
amount starting in 2021 (section 11); and
  • Clarifies the orders that are subject to review or appeal
(sections 10 and 12).

Water: Will, Cheryl DeBaise, Kim Jewell 

Under current law, the Colorado water conservation board (board),
subject to procedural requirements established to prevent injury to water
rights and decreed conditional water rights, may use loaned water for

instream flows if the loaned water is used for preserving the natural
environment of a stream reach that is subject to a decreed instream flow
water right held by the board. The bill expands the number of years within
a 10-year period that a renewable loan may be exercised from 3 years to
5 years, but for no more than 3 consecutive years, and allows a loan to be
renewed for up to 2 additional 10-year periods. The bill limits the
duration that an expedited loan may be exercised for up to one year, and
prohibits an applicant from seeking additional expedited loans regarding
a water right following an approved expedited loan of that water right.
The bill also expands the board's ability to use loaned water for
instream flows to improve the natural environment to a reasonable degree
pursuant to a decreed instream flow water right held by the board.
In considering whether to accept a proposed loan, the board must
evaluate the proposed loan based on biological and scientific evidence
presented, including a biological analysis performed by the division of
parks and wildlife.
The state engineer will review a proposed loan and must consider
any comments filed by parties notified of the application in determining
whether the loaned water will not cause injury to other vested or
conditionally decreed water rights. The filing fee is increased from $100
to $300.
The board is required to promulgate rules regarding the necessary
steps for reviewing and accepting a loan for instream flow use to improve
the natural environment to a reasonable degree.
The state engineer's decision to approve or deny a proposed loan
may be appealed to a water judge, who is required to hear and determine
the matter on an expedited basis using the procedures and standards
established for matters rereferred to the water judge by a water referee.

Water: Will Knowles, Cheryl DeBaise, Kim Jewell 

Current law specifies that the Colorado water conservation board's
appropriation of water for instream flow purposes is subject to existing
uses and exchanges of water. The bill directs the state engineer, in
administering current law, to confirm a claim of an existing use or
exchange if the use or exchange has not previously been confirmed by

court order or decree. The person making the claim may also seek
confirmation by the water judge.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

To protect bee and other pollinator populations throughout the
state, the bill requires the commissioner of agriculture (commissioner), on
or before March 1, 2021, to adopt rules to regulate the use of
neonicotinoid pesticides and sulfoximine pesticides by classifying
specific neonicotinoid pesticides and sulfoximine pesticides as
restricted-use pesticides. The commissioner's rules must exempt from the

restricted use of the pesticides their use as indoor pest control, personal
care, and pet care products; however, the commissioner, thereafter, may
amend the rules to disallow their use as indoor pest control, personal care,
or pet care products if the commissioner determines that another
commercially available product that is not a neonicotinoid pesticide or a
sulfoximine pesticide is as or more effective than a neonicotinoid
pesticide or a sulfoximine pesticide when used in accordance with the
product's label directions for the same indoor pest control, personal care,
or pet care use or uses.
The commissioner's rules regarding the restricted use of
neonicotinoid pesticides and sulfoximine pesticides must not apply to
commercial applicators, limited commercial applicators, public
applicators, qualified supervisors, certified operators, and private
applicators.

Education: Dan Defibaugh, Dan Grange

Under existing law, the adult education and literacy grant program
(grant program) is focused on workforce development partnerships to
provide adult education that leads to increased levels of employment. The
bill recognizes that, in addition to increasing employment, adult education
is necessary to ensure an adult population that is better prepared to
support the educational attainment of the next generation and actively

participate as citizens in a democratic society.
The bill expands the grant program to provide grants to adult
education providers that enter into an education attainment partnership
with elementary and secondary education providers or higher education
providers to assist adults in attaining basic literacy and numeracy skills
that lead to additional skill acquisition, that may lead to postsecondary
credentials and employment, and that assist adults in providing academic
support to their own children or to children for whom they provide care.
The bill allows the state board of education, in awarding grants, to give
preference to adult education programs that serve populations that are
underserved by federal funding.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Energy Legislation Review Interim Study Committee. The bill
requires that all diesel fuel sold or offered for sale in Colorado between
June 1 and September 15 of each year, commencing June 1, 2021, be
blended with and contain at least 5% biodiesel and that all diesel fuel sold
or offered for sale in Colorado between June 1 and September 15 of each
year, commencing June 1, 2023, be blended with and contain at least 10%

biodiesel.
The air quality control commission, in consultation with the
director of the division of oil and public safety in the department of labor
and employment, shall promulgate rules regarding the blending standard,
including rules to establish a waiver process and to require labeling of
biodiesel-blended fuel to reflect the percentage of biodiesel included in
the blended fuel.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The bill amends the Colorado Consumer Protection Act (act) to
state that a plaintiff in an individual action may be awarded damages
equal to the sum of $500 per violation.
The bill also amends the act to state that, under the act, a class
action may be brought and damages may be awarded to the class.

Education: Dan Defibaugh, Dan Grange

The bill requires the department of labor and employment to
collaborate with the department of education to include in the Colorado
state apprenticeship resource directory the name and contact information
for at least one designated apprenticeship training program contact for
every public high school and school district.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The bill enacts the Consumer and Employee Dispute Resolution
Fairness Act (act). For certain consumer and employment arbitrations,
the act:

  • Prohibits the waiver of standards for and challenges for
evident partiality prior to a claim being filed and requires
any waiver of such provisions after the claim is filed to be
in writing;
  • Provides that the right of a party to challenge an arbitrator
based on evident partiality is waived if not raised within a
reasonable time of learning of the information leading to
the challenge but that such right is not waived if caused by
the opposing party;
  • Establishes ethical standards for arbitrators; and
  • Requires specified public disclosures by arbitration
services providers but includes protections for certain
confidential information.
The bill also requires an individual arbitrator for certain consumer
and employment arbitrations to make additional disclosures of
information that might affect the arbitrator's impartiality.
The bill specifies how attorney fees and other reasonable expenses
are to be awarded if a court vacates an award because of an arbitrator's
evident partiality or failure to make required disclosures and clarifies
when appeals of orders may be made in consumer and employee
arbitrations.
The bill also provides that for a standard form contract involving
a consumer or employee:
  • Specified terms are unenforceable as against public policy;
  • Including an unenforceable term constitutes a deceptive
trade practice under the Colorado Consumer Protection
Act; and
  • How certain cost-shifting provisions are to be interpreted.

Tax & Budget: Gene Pielin, Dan Grange

The bill changes the dollar threshold for economic nexus for
purposes of retail sales made by retailers without physical presence in the
state from $100,000 to $200,000.
Current law temporarily allows small retailers with physical
presence in the state that have retail sales of $100,000 or less to source
sales to the business' location regardless of where the purchaser receives

the tangible personal property or service, thus providing an exception to
the sales tax sourcing rule. The bill changes this threshold to $200,000 or
less in retail sales and makes the exception permanent.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

Current law requires certain commercial pesticide applicators to
be licensed or registered. The bill requires the commissioner of
agriculture (commissioner) to notify such a regulated person within 24
hours after the commissioner or department of agriculture receives a
complaint about the person. The notice must include the alleged facts and
any statute or rule the person is alleged to have violated. If the notice is

not provided:
  • The commissioner is prohibited from suspending or
revoking the person's license or registration, or imposing
civil penalties; and
  • The person is immune from a criminal prosecution based
on the facts alleged in the complaint.
The bill also requires the following proceedings to be brought
within one year after the occurrence of the facts upon which they are
based:
  • A proceeding to discipline a licensee or registrant;
  • A proceeding to impose civil penalties, not including
failing to obtain the required license or registration; or
  • A criminal prosecution, not including failing to obtain the
required license or registration.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The bill:
  • Increases the statutory limitation period for actions based
on construction defects from 6 years to 10 years;
  • Allows tolling of the limitation period on any statutory or
equitable basis; and
  • Requires tolling of the limitation period until the claimant

discovers not only some physical manifestation of a
construction defect but also its cause.

Business Practices: Hunter White, Troy Tinberg, Cindy McCord, Dan Grange

The department of personnel (department) is required to establish
a maximum acceptable global warming potential for each category of
eligible materials used in a public project. The bill specifies which
building materials are eligible materials.
The department is required to set the maximum acceptable global
warming potential at the industry average of facility-specific global
Capital letters or bold & italic numbers indicate new material to be added to existing law.
warming potential emissions for that material and to express it as a
number that states the maximum acceptable facility-specific global
warming potential for each category of eligible materials.
The department is required to submit a report to the general
assembly regarding the method it used to develop the maximum global
warming potential for each category of eligible materials and may make
periodic downward adjustments to the number to reflect industry
improvements.
For invitations for bid for public projects issued after a certain
date, the contractor that is awarded the contract is required to submit to
the contracting agency of government a current facility-specific
environmental product declaration for each eligible material proposed to
be used in the public project.
A contracting agency of government is required to include in a
specification for bids for a public project that the facility-specific global
warming potential for any eligible material that will be used in the project
shall not exceed the maximum acceptable global warming potential for
that material determined by the department.
A contractor that is awarded a contract for a public project is
prohibited from installing any eligible material on the project until the
contractor submits a facility-specific environmental product declaration
for that material.
The bill specifies that in administering the requirements of the bill,
an agency of government is required to strive to achieve a continuous
reduction of greenhouse gas emissions over time. The department is
required to submit a report to the general assembly regarding the
implementation of the bill.
The bill includes the facility-specific global warming potential for
each eligible material that will be used in the project and the cost of
avoided emissions for the project in the factors to be considered when
making an award determination for a competitive sealed best value bid.