The bill also extends the increased wildfire mitigation income tax deduction that allows a landowner to claim 100%, rather than 50%, of the costs they incur in performing wildfire mitigation measures.

(Note: This summary applies to this bill as introduced.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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.

(Note: This summary applies to this bill as introduced.)

The bill requires the state board of water well construction and pump installation contractors, on or before November 1, 2020, to promulgate rules for identifying high-risk water wells that should be prioritized for inspection. Thereafter, the state engineer shall use the rules to identify high-risk water wells and shall prioritize the inspection of high-risk water wells.

The bill clarifies that money in the well inspection cash fund shall be appropriated to and expended by the state engineer only for the well inspection program.

(Note: This summary applies to this bill as introduced.)

• 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.
  (Note: This summary applies to this bill as introduced.) 

• Be comparable to the coverage of a physical examination;
• Comply with the requirements of federal mental health parity laws; and
• Not require any deductibles, copayments, or coinsurance for the mental health wellness examination.

The bill appropriates $13,347 from the division of insurance cash fund to the division of insurance in the department of regulatory agencies for personal services to implement the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

(Note: This summary applies to this bill as introduced.)

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

(Note: This summary applies to this bill as introduced.)

The bill provides that food is misbranded as “meat” or a cut of meat if it does not come from animals and that lab-grown meat is misbranded as “meat” or a cut of meat unless labeled as “lab-grown” or “artificially cultured”.

(Note: This summary applies to this bill as introduced.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

• For the period of nonuse to be tolled, the owner of the water right must submit written notice of the efficiency improvement project or method to the division engineer, on a form prescribed by the division engineer, within one year of the date that the efficiency improvement project or method is first implemented; and
• The nonuse of the portion of the water right is tolled for a maximum of 20 years.
  (Note: This summary applies to this bill as introduced.) 

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.

(Note: This summary applies to this bill as introduced.)

The bill requires a manufacturer to provide parts, embedded software, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer’s equipment to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services. A manufacturer’s failure to comply with the requirement is an unfair or deceptive trade practice. Manufacturers need not divulge any trade secrets to independent repair providers and owners.

Any contractual provision or other arrangement that a manufacturer enters into that would remove or limit the manufacturer’s obligation to provide these resources to independent repair providers and owners is void and unenforceable.

(Note: This summary applies to this bill as introduced.)

• Continuing the commissioner’s licensing functions for 11 years, until 2031;
• Combining the “Commodity Handler Act” and the “Farm Products Act” in one article;
• Requiring rule-making regarding bond schedules, record keeping, minimal financial requirements, initial and renewal license requirements, credit sale contract requirements, and standard warehouse operation requirements;
• Requiring that financial statements submitted to the commissioner be prepared by a certified public accountant;
• Increasing the maximum bond amount that farm products dealers must file from $200,000 to $1 million; and
• For the definition of “small-volume dealer”, repealing the limitation that a small-volume dealer cannot purchase $2,500 or more worth of farm products or commodities in a single transaction.
  (Note: This summary applies to this bill as introduced.) 

• The vehicle is registered as a farm vehicle;
• The agricultural producer designates 100 days, which need not be consecutive, for each calendar year that the permit may be used;
• The vehicle is used to transport agricultural products from the place of production to the place of storage or sale; and
• The vehicle complies with rules governing the distribution of the load upon the vehicle’s axles.

The permit costs:

• $40 for general vehicles;
• $50 for quad axle groupings;
• $50 for vehicles with trailers with 2 or 3 axle groupings.
  (Note: This summary applies to this bill as introduced.) 

• Makes technical changes to when a local education provider may apply to the program and when the department of education (department) selects providers;
• Requires the department to ensure geographic and district pupil size diversity among providers;
• Changes the limit for the number of lunches that all local education providers provided in the prior year to 10 million;
• Changes the reimbursement formula to $0.05 for every meal that the local education provider provided in the previous year; and
• Specifies that if the department does not spend the full appropriation for the program, up to 5% of the appropriation is available to the department in the following year to pay for the required evaluation and report.
  (Note: This summary applies to this bill as introduced.) 

Entities eligible to receive REDI grant program money include local governments and organizations or individuals working in partnership with a local government, where the local government serves as the grant administrator, including intergovernmental agencies, councils of government, housing authorities, beginning farmers, the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, nonprofit economic development organizations, and private employers.

The bill specifies criteria that the department is required to consider when evaluating grant applications and requires the department to prioritize applications that would create new jobs. The bill specifies the types of projects for which REDI grants may be awarded to eligible recipients and requires grant recipients to provide matching funds.

If the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the purposes of the REDI grant program for the purposes of the “Rural Economic Advancement of Colorado Towns (REACT) Act”.

The executive director of the department is required to adopt policies and procedures for the administration of the REDI grant program and is also required to produce a report summarizing the use of all money that was awarded as grants from the REDI grant program in the preceding fiscal year.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

• With criminal negligence or recklessly is subject to a maximum daily fine of $12,500; and
• Knowingly or intentionally is subject to a maximum daily fine of $25,000.

Section 1 of the bill makes a:

• Criminally negligent or reckless violation a misdemeanor and increases the penalty to $25,000, imprisonment of up to one year, or both; and
• Knowing or intentional violation a class 5 felony and increases the penalty to $50,000, imprisonment of up to 3 years, or both.

Current law specifies that a person who knowingly makes any false representation in a required record or who knowingly renders inaccurate any required water quality monitoring device or method is guilty of a misdemeanor and is subject to a fine of not more than $10,000, imprisonment in the county jail for not more than 6 months, or both. Section 2 makes these violations a class 5 felony and specifies that if 2 separate offenses occur in 2 separate occurrences during a period of 2 years, the maximum fine and imprisonment for the second offense are double the default amounts.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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 on a bill of lading of biodiesel-blended fuel to reflect the percentage of biodiesel included in the blended fuel when the blend is equal to or above 5% biodiesel. The division may use money in the petroleum storage tank fund to implement the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

• The applicant does not have either a legally vested interest or a reasonable expectation of procuring such an interest in the lands or facilities to be served by the appropriation, unless the appropriator is a governmental agency or an agent in fact for the persons proposed to be benefited by the appropriation; or
• The applicant does not have a specific plan and intent to divert, store, or otherwise capture, possess, and control a specific quantity of water for specific beneficial uses.

The bill requires the executive director of the department of natural resources to convene a work group to explore ways to strengthen current anti-speculation law and to report to the water resources review committee by August 15, 2021, regarding any recommended changes.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sections 3, 4, and 5 allow the board to use the recycling resources economic opportunity fund and the front range waste diversion cash fund to reimburse eligible recycling businesses for locally assessed personal property taxes paid in the current tax year in this state on personal property. Section 2 directs the board to establish a formula that it would use in awarding personal property tax reimbursements.

Section 6 requires the department, on and after October 1, 2020, to administer a statewide campaign to educate Colorado residents concerning recycling. The department shall ensure the campaign includes:

• Communications delivered via social media;
• Television and radio public service announcements; and
• The placement of written materials in public locations, such as community centers, recreation centers, and shopping centers.

In administering the campaign, the department shall consult with municipal governments, county governments, and private agencies that operate recycling programs. The department may contract with one or more public or private entities for the preparation of materials to be used in the campaign. The requirement is repealed, effective September 1, 2021.

(Note: This summary applies to this bill as introduced.)

The bill encourages retail food establishments, and correctional facilities, and school districts to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals.

The bill provides that a farmer who allows one or more individuals to make entry on the farmer’s property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to needy or poor persons is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury to any such individuals unless the injury results from a willful or wanton act or omission of the farmer.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

• 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.
  (Note: This summary applies to this bill as introduced.) 

(Note: This summary applies to this bill as introduced.)

• Is only commercially used to transport to market or place of storage raw agricultural products actually produced or livestock actually raised by the farmer or rancher; or
• Is used to transport commodities and livestock purchased by the farmer or rancher for personal use and used in the person’s farming or ranching operations.

The bill allows a farmer or rancher to register a surplus military vehicle if the vehicle meets the same requirements as a truck or truck tractor.

(Note: This summary applies to this bill as introduced.)

• Postponed until a new source of revenue becomes available to pay for damages caused by gray wolves; and
• Canceled if the gray wolf already has a self-sustaining population in Colorado.

The commission is directed to adopt and periodically update a plan to reintroduce, recover, and manage gray wolves. The plan must:

• Use the best scientific data available;
• Be developed after conducting a public process to solicit and consider public comments; and
• Not impose any land-, water-, or resource-use restrictions on private landowners.

Commercial livestock owners will be entitled to the payment of damages caused by gray wolves. The commission shall authorize and finance programs to educate livestock owners regarding the avoidance and mitigation of damages potentially caused by gray wolves.

In consultation with the department of agriculture, the commission and division of parks and wildlife shall convene a study group to consider:

• How to verify and estimate damages caused by gray wolves, specifically considering the maintenance of baseline production records for a period before gray wolf reintroduction and the use of brand inspectors to verify and estimate the damages; and
• How to finance the payment of damages caused by gray wolves, including specifically one or more new sources of revenue to pay the damages.

The commission shall submit a report to the general assembly concerning the results of the study group process by January 1, 2022.

(Note: This summary applies to this bill as introduced.)

• Section 1 of the bill modifies the method of calculating the amount of the state income tax credit that may be claimed for the donation of a conservation easement. The section also clarifies the manner in which certain business entities claim the credit.
• Section 2 requires the state to provide compensation for certain taxpayers who were denied state income tax credits for conservation easements donated between 2000 and 2013 if the federal internal revenue service allowed a federal income tax deduction for the same donation. The amount of the compensation is based upon the amount of the credit that could have been claimed at the time of the original donation based upon the value of the donation accepted by the internal revenue service. The amount of compensation is reduced by any amount that was allowed to be claimed against Colorado income tax or otherwise reinstated to the claimant of the compensation. Where a tax credit was transferred to another taxpayer as transferee, the bill provides a process for all parties to the transaction to submit a mutual application for compensation or, if there is objection, a process to resolve disputes about the distribution of compensation. The total amount of compensation to be paid to all claimants is limited to the amount of unused conservation easement tax credits that could have been claimed between 2013 and 2019 under an existing statutory cap amount, but were not claimed. If the unclaimed amounts are not sufficient to satisfy all claims, then any unsatisfied claims would be paid in future years. The cap for each future year would be reduced by the amount of claims paid; except that the total amount of claims paid in a year could not exceed 50% of the amount of the cap for that year.
• Section 3 requires the director of the division of conservation to designated an ombudsman to assist in resolving certain disputes related to conservation easements.
• Section 3 also addresses the abandonment of conservation easements, which occurs when the holder of an easement no longer fulfills its stewardship obligations with respect to the easement. The division of conservation is required to investigate potential abandoned easements, make findings regarding each easement, and report its findings to the conservation easement oversight commission (commission). The commission then conducts a public hearing on the easement and, if it determines that an easement is abandoned, appoints a receiver to monitor the easement. Receivership for an abandoned easement is limited to 5 years, during which time the commission reviews the easement and attempts to identify options to reform the easement, have it assigned to another holder, or extinguish the easement. A stewardship account is established to provide for the cost of carrying out the stewardship obligations resulting from abandoned easements. A specified amount of money is appropriated to the stewardship account for the 2020-21 fiscal year, with a corresponding reduction in the amount of conservation easement tax credits that can be claimed for one year.
  (Note: This summary applies to this bill as introduced.) 

The bill also requires each animal shelter and pet animal rescue to adopt out each dog and cat in its custody, return the animal to its owner, or transfer it to another animal shelter or pet animal rescue if the dog or cat:

• Exhibits no signs of illness or injury or exhibits signs of illness or injury for which there is a realistic prognosis for a good quality of life;
• Demonstrates a willingness to interact socially with humans; and
• Has not exhibited behavior that is likely to result in bodily injury or death to another animal or human being.
  (Note: This summary applies to this bill as introduced.)