The latest RMFU LegisLetter for CO – NM – WY

CORRECTED VERSION

By Pam Roy, RMFU New Mexico Government Relations
Bill Midcap, RMFU Senior Policy Advisor for New Mexico

Just when we think we have done our due diligence through the New Mexico Legislative process to develop a responsible budget that is comprehensive and takes new and long-term growth and stability into consideration, the coronavirus creates an additional layer of decision making for the executive branch in the final budget. Close to one-third of New Mexico’s budget depends on oil and gas severance taxes. In light of falling oil and gas prices and the impact of the coronavirus, the executive branch held to a conservative budget approach for the 2021 fiscal year that begins July 1.

Governor Michele Lujan Grisham signed the state’s new budget, allocating $7.6 billion toward agencies and major programs while setting aside 25 percent for the state’s Tax Stabilization Reserve. To balance the budget and prepare for potential challenges, $150 million was cut from the legislature’s recommendations, including infrastructure funding and capital outlay for local projects.

Food and agriculture programs fared well, overall. One highlight includes $1.8 million for the Agriculture and Natural Resources Pilot Program to be spent over three years. With a major push by a wide range of agriculture and environment organizations, this was a first step outcome from SB102 and HB223 sponsored by Senator Neville and Representative Small that would set up a permanent fund. The groups will continue to work toward a long-term approach.

Through a team effort by advocates, a set of agricultural initiatives gained moderate funding through HB252 and SB177, sponsored by Representative Stansbury and Senator Campos. Funding of $877,000 will continue to support the development and promotion of market opportunities for farmers, ranchers, and agribusiness in New Mexico; and support soil and water conservation districts, the healthy soils program, experiment stations, and 4-H programs. Additionally, $400,000 in recurring funds were appropriated for the New Mexico Grown Fruits and Vegetables for School Meals Program.

Also, on our radar screen were a variety of renewable energy and public utility bills that were introduced but did not make it through the legislative session. We will continue to monitor these programs, as they will likely be introduced again in the 2021 legislative session.

We want to thank the organizations and agencies that worked together to support Rocky Mountain Farmers Union’s New Mexico legislative priorities. We look forward to our continued work together and the growth of Farmers Union partnerships in New Mexico.

Final Budget Signed by Governor Lujan Grisham
New Mexico 54th Legislative Session 2020

HB 124     Oppose
RELATING TO AGRICULTURE; PROHIBITING THE USE OF CHLORPYRIFOS
Introduced and failed to move forward

HB 146     Support
RELATING TO TAXATION; EXTENDING THE AGRICULTURAL BIOMASS INCOME TAX CREDIT AND AGRICULTURAL BIOMASS CORPORATE INCOME TAX CREDIT; REQUIRING THE TAXATION AND REVENUE DEPARTMENT TO COMPILE AND PRESENT AN ANNUAL REPORT ON THE CREDITS.
Governor signed March 4

HB166     Support
MAKING AN APPROPRIATION FOR THE NEW MEXICO DEPARTMENT OF AGRICULTURE TO CARRY OUT THE HEALTHY SOIL PROGRAM
Passed with recurring funding of $127,000 on top of the $100,000 already in the Dept. of Agriculture’s baseline budget Signed by Governor

HB 223 & SB 102    Support
RELATING TO NATURAL RESOURCES; ENACTING THE AGRICULTURAL AND NATURAL RESOURCES TRUST ACT; CREATING THE AGRICULTURAL AND NATURAL RESOURCES TRUST FUND AND THE AGRICULTURAL AND NATURAL RESOURCES TRUST GRANT FUND; CREATING THE AGRICULTURAL AND NATURAL RESOURCES TRUST BOARD AND THE OFFICE OF THE AGRICULTURAL AND NATURAL RESOURCES TRUST TO ADMINISTER A GRANT PROGRAM TO CONSERVE AGRICULTURAL, WILDLIFE AND NATURAL RESOURCES; MAKING AN APPROPRIATION
Failed in committee but some funding, $1.8 million restored in HB2 budget for pilot projects.  $600,000 per year for the next 3 years.  A win but not a complete win.

HB 253 & SB 177    Support
MAKING APPROPRIATIONS TO NEW MEXICO STATE UNIVERSITY TO SUPPORT AGRICULTURAL PROGRAMS
Following programs were funded and has been signed by the Governor

$150,000 to the NMDA to develop and promote market opportunities for farmers, ranchers, and agribusiness in NM
$200,000 to NMDA to assist the soil and water conservation districts
$200,000 to the NM State University for experimental station facilities
$100,000 to the NM State University for 4-H programs
$400,000 to the NM Public Education Department for NM Grown Fruits & Vegetable Program
$650,000 to the NM Public Education Department to eliminate reduced price copayments for school meals
Funding failed for the NM Grown Fruits and Vegetables for Senior Meal

HB 359     Support
RELATING TO TAXATION; PROVIDING A TAX CREDIT FOR CERTAIN RURAL TEACHERS
Introduced and failed to move forward

SB 5    Oppose
RELATING TO DOMESTIC AFFAIRS; CREATING THE EXTREME RISK FIREARM PROTECTION ORDER ACT; PROVIDING FOR THE ISSUANCE OF COURT ORDERS TO REQUIRE THE RELINQUISHMENT OF FIREARMS FOR SOME PERIOD UNDER CERTAIN CIRCUMSTANCES; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978
Governor signed February 25

SB 194    Support
MAKING AN APPROPRIATION TO THE ECONOMIC DEVELOPMENT DEPARTMENT TO CONTRACT WITH COMMUNITY ECONOMIC DEVELOPMENT CENTERS TO PROMOTE THE EXPANSION AND SUSTAINED GROWTH OF LOCAL FARMS, RANCHES AND FOOD ENTREPRENEURS AND THE PRODUCTION, MARKETING AND DISTRIBUTION OF NEW MEXICO AGRICULTURAL PRODUCTS
Introduced and failed to move forward

HB 9 & SB  143   Support
RELATING TO UTILITIES; ENACTING THE COMMUNITY SOLAR ACT; PROVIDING FOR THE ESTABLISHMENT OF A PHASED-IN COMMUNITY SOLAR PROGRAM TO FACILITATE THE DEVELOPMENT AND INTERCONNECTION OF COMMUNITY SOLAR FACILITIES; REQUIRING RULEMAKING BY THE PUBLIC REGULATION COMMISSION; PROVIDING FOR PROGRAM REVIEW AND EVALUATION; CREATING THE COMMUNITY SOLAR ASSISTANCE FUND; MAKING APPROPRIATIONS
Introduced and failed to move forward

HB 79     Oppose
RELATING TO ENERGY; AMENDING A SECTION OF THE PUBLIC UTILITY ACT TO PROVIDE FOR JURISDICTION BY THE PUBLIC REGULATION COMMISSION OVER TRANSMISSION LINE LOCATIONS; REQUIRING PUBLIC REGULATION COMMISSION APPROVAL OF THE LOCATION OF NEW MEXICO RENEWABLE ENERGY TRANSMISSION AUTHORITY FACILITIES
Introduced and failed to move forward

HB 99     Monitor
MAKING AN APPROPRIATION TO THE STATE INVESTMENT OFFICE TO DEVELOP A STRATEGIC PLAN PROVIDING FOR STATE INVESTMENT IN NEW MEXICO RENEWABLE ENERGY, STORAGE AND TRANSMISSION
Introduced and failed to move forward

HB 293     Support
MAKING AN APPROPRIATION TO THE DEPARTMENT OF ENVIRONMENT TO FINALIZE ITS EVALUATION OF EMISSIONS TRENDS AND PROPOSED POLICIES TO REDUCE CARBON DIOXIDE AND OTHER GREENHOUSE GAS EMISSIONS
Introduced and failed to move forward

HB 347     Monitor
RELATING TO UTILITIES; REDUCING THE AVERAGE ANNUAL LEVELIZED COST OF RENEWABLE ENERGY TO BE PROCURED OR GENERATED TO COMPLY WITH RENEWABLE PORTFOLIO STANDARDS BY A DISTRIBUTION COOPERATIVE OR PUBLIC UTILITY; PROVIDING THAT COMPLIANCE WITH RENEWABLE PORTFOLIO STANDARDS SHALL NOT RESULT IN AN INCREASE IN RATES TO CUSTOMERS OF MORE THAN A CERTAIN PERCENTAGE
Introduced and failed to move forward

SB 18     Oppose
RELATING TO TAXATION; ENACTING THE RENEWABLE ENERGY PRODUCTION TAX ACT; IMPOSING AN EXCISE TAX ON ELECTRICITY GENERATED FROM RENEWABLE ENERGY RESOURCES; DISTRIBUTING REVENUE FROM THE TAX TO THE EARLY CHILDHOOD PROGRAM FUND; CREATING THE EARLY CHILDHOOD PROGRAM FUND
Introduced and failed to move forward

SB 80   Monitor
RELATING TO UTILITIES; ENACTING THE COMMUNITY SOLAR ACT; PROVIDING FOR THE ESTABLISHMENT AND INTERCONNECTION OF COMMUNITY SOLAR FACILITIES; PROVIDING RULEMAKING AUTHORITY TO THE PUBLIC REGULATION COMMISSION; CREATING THE COMMUNITY SOLAR ENERGY ASSISTANCE FUND; ESTABLISHING THAT RENEWABLE ENERGY CERTIFICATES FROM COMMUNITY SOLAR FACILITIES ARE OWNED BY THE PUBLIC UTILITY; MAKING AN APPROPRIATION
Introduced and failed to move forward

SM 3   Support
REQUESTING THAT THE NEW MEXICO DEPARTMENT OF AGRICULTURE
CONVENE A WORKING GROUP TO DEVELOP RECOMMENDATIONS TO GLEAN
UNHARVESTED FARM PRODUCE TO ADDRESS ISSUES OF FOOD INSECURITY.
Passed both house and senate

HB 168   Support
MAKING AN APPROPRIATION TO THE BOARD OF REGENTS OF NEW MEXICO
STATE UNIVERSITY FOR THE NEW MEXICO DEPARTMENT OF AGRICULTURE
TO CONTINUE TO SUPPORT STATEWIDE AGRICULTURAL EDUCATION
PROGRAMS.
Introduced and failed to move forward

HB 144   Support
MAKING AN APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR AN
EXPANSION OF THE SENIOR FARMERS’ MARKET NUTRITION PROGRAM.
Introduced and failed to move forward

SB 76   Support

MAKING AN APPROPRIATION TO THE AGING AND LONG-TERM SERVICES
DEPARTMENT TO PURCHASE NEW MEXICO-GROWN FRUITS AND VEGETABLES
FOR SENIOR CENTER MEAL PROGRAMS.
Introduced and failed to move forward as SB 76. Possible funding option:
HB 225, Kiki Saavedra Senior Dignity Fund
Signed by Governor February 26

HB20-1004 Assistance Landowner Wildfire Mitigation
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Assistance Landowner Wildfire Mitigation
Sponsors: L. Cutter (D) | P. Will (R) / P. Lee (D)
Summary: Wildfire Matters Review Committee. The bill establishes the wildfire mitigation resources and best practices grant program (grant program) within the division of local government in the department of local affairs. Grant recipients use grant money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. The grant program only awards grants to applicants conducting outreach to landowners in high wildfire hazard areas and prioritizes applications based on the potential impact of the applicant’s proposed outreach.

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.)

 

Status: 2/24/2020 House Committee on Finance Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1025 Sales Tax Exemption Industrial And Manufacturing Energy Use
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sales Tax Exemption Industrial And Manufacturing Energy Use
Sponsors: A. Benavidez (D) | M. Snyder (D) / L. Court (D) | J. Tate (R)
Summary: Tax Expenditure Evaluation Interim Study Committee. Under current law, the sales tax exemption for energy use exempts the sale and purchase of electricity, gas, fuel oil, steam, coal, coke, or nuclear fuel used in processing, manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses, and newsprint and printer’s ink used by newspaper publisher and commercial printers from state sales tax. The bill modifies this sales exemption to only apply when the energy is used by a metered machine.
(Note: This summary applies to this bill as introduced.)

 

Status: 2/24/2020 House Committee on Energy & Environment Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1037 Augmentation Of Instream Flows
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Augmentation Of Instream Flows
Sponsors: J. Arndt (D) / D. Coram (R)
Summary: The bill authorizes the Colorado water conservation board to augment stream flows to preserve or improve the natural environment to a reasonable degree by use of an acquired water right that has been previously quantified and changed to include augmentation use, without a further change of the water right being required.

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

 

Status: 2/28/2020 House Considered Senate Amendments – Result was to Concur – Repass
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1047 Develop A Statewide Organics Management Plan
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Develop A Statewide Organics Management Plan
Sponsors: L. Cutter (D) | M. Froelich (D) / K. Priola (R)
Summary: 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.

For the 2020-21 state fiscal year, the bill appropriates $150,000 from the solid waste management fund to the department of public health and environment for use by the solid waste control program to implement the plan.

(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.)

 

Status: 3/12/2020 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1069 Add Water Well Inspectors Identify High-risk Wells
Comment:
Position:
Calendar Notification: Monday, March 30 2020
GENERAL ORDERS – SECOND READING OF BILLS
(33) in house calendar.
News:
Short Title: Add Water Well Inspectors Identify High-risk Wells
Sponsors: L. Saine (R) | B. Titone (D) / J. Sonnenberg (R) | D. Coram (R)
Summary: Water Resources Review Committee. The bill requires the state engineer to employ a minimum of 4 water well inspectors in the state’s water well inspection program.

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.)

 

Status: 3/13/2020 House Committee on Appropriations Refer Amended to House Committee of the Whole
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1072 Study Emerging Technologies For Water Management
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Study Emerging Technologies For Water Management
Sponsors: J. Arndt (D) | L. Saine (R) / J. Sonnenberg (R) | J. Bridges (D)
Summary: 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 and Colorado state university , 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 $20,000 to each university from the general fund, contingent on the university of Colorado’s universities’ receipt of a matching $40,000 in gifts, grants, and donations, for the purpose of funding the studies and pilot programs.

(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.)

 

Status: 3/12/2020 Introduced In Senate – Assigned to Agriculture & Natural Resources
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1086 Insurance Coverage Mental Health Wellness Exam
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Insurance Coverage Mental Health Wellness Exam
Sponsors: D. Michaelson Jenet (D) | C. Larson (R) / R. Fields (D)
Summary: The bill adds a requirement, as part of mandatory health insurance coverage of preventive health care services, that health plans cover an annual mental health wellness examination of up to 60 minutes that is performed by a qualified mental health care provider. The coverage must:

 

  • 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.)

 

Status: 3/11/2020 Senate Committee on Health & Human Services Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1093 County Authority License And Regulate Business
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: County Authority License And Regulate Business
Sponsors: J. McCluskie (D) | J. Wilson (R) / K. Donovan (D) | B. Rankin (R)
Summary: 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, an owner or owner’s agent who rents or advertises the owner’s lodging unit for a short-term stay, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor.

(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.)

 

Status: 3/16/2020 Sent to the Governor
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1095 Local Governments Water Elements In Master Plans
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Local Governments Water Elements In Master Plans
Sponsors: J. Arndt (D) / J. Bridges (D) | C. Hansen (D)
Summary: 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. The bill authorizes the department of local affairs to hire and employ a full-time employee to provide educational resources and assistance to local governments that include water conservation policies in their master plans.

(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.)

 

Status: 3/13/2020 House Considered Senate Amendments – Result was to Concur – Repass
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1113 Mental Health Educational Resources
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Mental Health Educational Resources
Sponsors: B. Titone (D) | L. Landgraf (R)
Summary: No later than July 1, 2020, the department of human services (department), with assistance from other departments and organizations, shall create and maintain a website that provides internet links to relevant information and resources available to individuals seeking behavioral health care services. The website must include information about the Colorado SEE ME campaign and the national suicide prevention hotline, demographic-specific information about behavioral health care providers available in each geographic region, internet links to each behavioral health care provider’s website, and internet links to skilled nursing facilities available in each geographic region.

No later than April 1, 2021, the department shall issue a request for proposal to contract with an organization to develop and distribute community- and demographic-specific targeted messaging related to the website. The messaging must be distributed no later than January 1, 2022.

The bill allows a health care professional who is required to complete continuing competency requirements to take a course in mental health education to satisfy the continuing competency requirements.

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

 

Status: 2/5/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1115 Sales Tax Exemption For Farm Fencing Material
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sales Tax Exemption For Farm Fencing Material
Sponsors: M. Catlin (R) | B. McLachlan (D) / D. Coram (R)
Summary: The bill creates a sales tax exemption for fencing material used in a farm operation.

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

 

Status: 1/15/2020 Introduced In House – Assigned to Finance + Appropriations
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1117 Misbranding Nonmeat And Imported And Artificial Meat
Comment:
Position: Support
Calendar Notification: Monday, March 30 2020
GENERAL ORDERS – SECOND READING OF BILLS
(23) in house calendar.
News:
Short Title: Misbranding Nonmeat And Imported And Artificial Meat
Sponsors: P. Neville (R) | E. Hooton (D)
Summary: Current law prohibits selling meat or meat products that are imported without the label indicating the fact of importation. The bill expands this to cover any meat derived from animals that were not born, raised, and harvested exclusively in the United States.

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.)

 

Status: 2/11/2020 House Second Reading Laid Over Daily – No Amendments
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1137 Broadband Grant Certification Of Unserved Area Requirement
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News: Want to know what’s going on in the Colorado Legislature? We have it covered
Short Title: Broadband Grant Certification Of Unserved Area Requirement
Sponsors: J. McCluskie (D) | M. Soper (R) / K. Donovan (D)
Summary: The broadband deployment board (board) awards grants for the provision of broadband service in unserved areas of the state, which are areas deemed to have insufficient broadband service. The bill requires that authorizes but does not require an applicant for seeking grant money from the board to submit to the board a written certification from the local entity with jurisdiction over the area that the applicant proposes to serve certifying that the area is an unserved area. A local entity that is requested to provide written certification must first hold a hearing on the matter and provide notice of the hearing, including notice to any incumbent provider. The board is required, both when initially considering the application and on appeal, to give substantial weight to a local entity’s written certification that an area is an unserved area. and, after reviewing all of the evidence regarding an application, may reject the conclusion of the written certification only upon the vote of at least 10 of the 15 voting members of the board.

For the 2020-21 state fiscal year, the bill appropriates $5,294 from the broadband administrative fund to the department of regulatory agencies for use by the executive director’s office for personal services.

(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.)

 

Status: 3/9/2020 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1139 Peer Support Professionals Behavioral Health
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Peer Support Professionals Behavioral Health
Sponsors: R. Pelton (R) | Y. Caraveo (D)
Summary: The bill adds definitions for “peer support professional” and “recovery support services organization” for the purposes of permissible claims submitted for reimbursement under the medical services program. A recovery support services organization (recovery organization) may bill and submit for reimbursement certain eligible peer support services (support services) provided by peer support professionals. The department of human services (department) is responsible for approving a recovery support services organization for reimbursement for support services. The bill sets forth detailed criteria for approval by the department, and the department is given rule-making authority to establish other criteria and standards as necessary.

The bill creates a refundable income tax credit available for income tax years commencing on or after January 1, 2021, but before January 1, 2031, for eligible peer support professionals (eligible individuals) who have worked in Colorado at least part-time for at least 3 years in the behavioral health sector and who either return to school or who graduate and return to work in the public or private health care sector. The tax credit is available for 4 consecutive years for eligible individuals who return to school and for 3 consecutive years for eligible individuals who return to work after attending school. The office of behavioral health in the department of human services (office) shall, in conjunction with the department of human services, review documentation supplied by eligible individuals seeking the tax credit and provide certification to the department of revenue if eligibility criteria for the tax credit is met. The office may not issue tax credit certificates that total more than $100,000 per income tax year.

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

 

Status: 2/20/2020 House Committee on Finance Refer Unamended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1143 Environmental Justice And Projects Increase Environmental Fines
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News: Environmental Justice Legislation Moves Forward
Short Title: Environmental Justice And Projects Increase Environmental Fines
Sponsors: D. Jackson (D) | S. Gonzales-Gutierrez (D) / F. Winter (D)
Summary: Current state law sets the maximum civil fine for most air quality violations at $15,000 per day and most water quality violations at $10,000 per day, but federal law allows the federal environmental protection agency to assess a maximum daily fine per violation of $47,357 for these violations. Sections 2 and 4 of the bill raise the maximum fine to $47,357 per day and direct the air quality control commission and the water quality control commission in the department of public health and environment (department) to annually adjust the maximum fine based on changes in the consumer price index.

Current law allocates all water quality fines to the water quality improvement fund; section 4 authorizes the use of money in that fund to pay for projects addressing impacts to environmental justice communities. Section 4 also extends the repeal date for the water quality improvement fund to September 1, 2025.

Current law allocates all air quality fines to the general fund; section 3 allocates them to the newly created community impact cash fund. Section 3 also:

 

  • Specifies that the department is to use money in the community impact cash fund for environmental mitigation projects (EMPs);
  • Defines an EMP as a project that avoids, minimizes, or mitigates the adverse effects of a violation or alleged violation of the air quality or water quality laws;
  • Creates the environmental justice advisory board to recommend EMPs in response to violations or alleged violations that affect environmental justice communities; and
  • Creates an environmental justice ombudsperson position within the department, who serves as chief staff to the advisory board and advocates for environmental justice communities.

Section 3 also requires the department to post proposed EMPs on the department’s website in a format that allows the public to submit comments on the proposed EMP, not approve an EMP until at least 45 days after the EMP has been posted on its website, and include a description of all approved EMPs in its departmental SMART Act presentations.

Section 1 sunsets the advisory board on September 1, 2025.
(Note: This summary applies to this bill as introduced.)

 

Status: 2/27/2020 House Committee on Finance Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1151 Expand Authority For Regional Transportation Improvements
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Expand Authority For Regional Transportation Improvements
Sponsors: M. Gray (D) / F. Winter (D)
Summary: The bill authorizes a transportation planning organization (TPO) to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding. Any additional transportation funding obtained by a TPO exercising the power of a RTA are intended to supplement and not supplant state transportation funding allocated within the boundaries. Therefore, the transportation commission and the department of transportation (CDOT) are prohibited from taking such additional transportation funding into account when determining the amount of state transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.
(Note: This summary applies to this bill as introduced.)

 

Status: 3/11/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1159 State Engineer Confirm Existing Use Instream Flow
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: State Engineer Confirm Existing Use Instream Flow
Sponsors: D. Roberts (D) | M. Catlin (R) / K. Donovan (D) | D. Coram (R)
Summary: 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.

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

 

Status: 3/4/2020 Senate Third Reading Passed – No Amendments
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1170 Military And Surplus Military Vehicles On Roadways
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Military And Surplus Military Vehicles On Roadways
Sponsors: S. Humphrey (R) / V. Marble (R)
Summary: The bill allows surplus military vehicles to be driven on roadways.

Historical military vehicles, which are vehicles valued for historical purposes, are of a model year 1980 or earlier, and maintain historically appropriate markings, may be driven on a highway, but only:

 

  • To and from assemblies, conventions, or other meetings where historical military vehicles and their ownership are the primary interest;
  • On special occasions, for demonstrations and parades;
  • On occasions when the operation of the vehicle on the highways will not constitute a traffic hazard; and
  • To, from, and during local, state, or national tours held primarily for the exhibition and enjoyment of historical military vehicles.

The vehicles will be issued a certificate of title as a motor vehicle and a registration as a motor vehicle. But if the vehicle is transferred to another person who does not intend to use the vehicle for historical purposes, the title will revert back to an off-highway title and the vehicle will no longer be registered. Historical military vehicles are exempted from emissions testing.

An historical military vehicle is exempt from the inspection and use of emission controls unless emission controls are standard equipment at the time of manufacture, in which case, the equipment must be in proper working condition to operate the historic military vehicle on the highway.

(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.)

 

Status: 3/12/2020 Introduced In Senate – Assigned to Transportation & Energy
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1173 811 Locate Exemption For County Road Maintenance
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: 811 Locate Exemption For County Road Maintenance
Sponsors: L. Saine (R) | M. Baisley (R) / J. Smallwood (R) | F. Winter (D)
Summary: Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities, such as water and sewer pipes, gas lines, and electric or cable lines, that the excavation might affect can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, the bill specifies that “excavation” does not include routine or emergency maintenance of right-of-way on county-owned gravel or dirt roads performed by county employees that:

 

  • Does not lower the existing grade or elevation of the road, shoulder, and ditches; and
  • Does not disturb more than 6 inches in depth during maintenance operations.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) 
Status: 3/3/2020 Introduced In Senate – Assigned to Transportation & Energy
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1178 Increase Speed Limit On Certain Rural Highways
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News: Want to know what’s happening in the Colorado Legislature this week? We’ve got it covered
Short Title: Increase Speed Limit On Certain Rural Highways
Sponsors: R. Holtorf (R) / J. Sonnenberg (R)
Summary: The bill requires the department of transportation to perform a study of relevant and appropriate state highways in rural areas of the state in 2020 and every 5 years thereafter for the purpose of identifying portions of rural state highways where the speed limit can be raised to 70 miles per hour without endangering public safety. On or before January 1, 2021 and every 5 years thereafter, March 1, 2021 , the department shall complete its study. and The department shall include a summary of the study in the department’s next annual report to the legislative committees of reference.

 

  • Submit a report to committees of reference of the general assembly; and
  • Increase the speed limit to 70 miles per hour for each portion of rural state highway that is identified by the study.

(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.)

 

Status: 3/14/2020 House Considered Senate Amendments – Result was to Concur – Repass
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1180 Protect Pollinators Through Pesticide Regulation
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Protect Pollinators Through Pesticide Regulation
Sponsors: C. Kipp (D) | S. Jaquez Lewis (D) / R. Fields (D) | K. Priola (R)
Summary: 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.

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

 

Status: 3/9/2020 House Committee on Energy & Environment Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1184 Sunset Colorado Seed Act
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sunset Colorado Seed Act
Sponsors: B. Buentello (D) | R. Pelton (R) / D. Hisey (R) | K. Donovan (D)
Summary: Sunset Process – House Rural Affairs and Agriculture Committee. The bill implements recommendations of the department of regulatory agencies’ sunset review and report on the registration functions of the commissioner of agriculture (commissioner) regarding the “Colorado Seed Act” by:

 

  • Continuing the commissioner’s registration functions for 11 years, until 2031 ( Sections 1 and 2 of the bill);
  • Repealing the statutory fee caps for registration and allowing the commissioner to establish registration fees by rule ( section 3 );
  • Removing the fee discount afforded to registrants with respect to registering a second and any additional locations ( section 3 );
  • Authorizing the commissioner to establish a registration renewal schedule by rule and repealing language that made each registration effective for one year from March 1 through the last day in February, regardless of when the registration was approved ( section 3 ); and
  • Removing obsolete language requiring money to be transferred between funds in 2009 ( section 4 ).
    (Note: This summary applies to this bill as introduced.) 
Status: 2/24/2020 House Committee on Rural Affairs & Agriculture Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1195 Consumer Digital Repair Bill Of Rights
Comment:
Position: Support
Calendar Notification: Wednesday, April 1 2020
Business Affairs & Labor
1:30 p.m. Room 0107
(2) in house calendar.
News:
Short Title: Consumer Digital Repair Bill Of Rights
Sponsors: B. Titone (D) | J. Singer (D) / J. Bridges (D) | J. Cooke (R)
Summary: Usually, an owner of digital electronic equipment (equipment), such as cell phones and tablets, must seek diagnostic, maintenance, or repair services of the equipment from the original equipment manufacturer (manufacturer) or an authorized repair provider affiliated with the manufacturer.

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.)

 

Status: 1/30/2020 Introduced In House – Assigned to Business Affairs & Labor
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1211 Sunset Regulation Of Egg Dealers
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sunset Regulation Of Egg Dealers
Sponsors: D. Valdez (D) | R. Holtorf (R) / R. Rodriguez (D)
Summary: Sunset Process – House Rural Affairs and Agriculture Committee. The bill implements the recommendations of the department of regulatory agencies’ sunset review and report of the licensing of egg dealers by:

 

  • Extending the program for 11 years, until September 1, 2031 ( sections 1 and 2 of the bill);
  • Adding the regulation of nonpoultry eggs from avian species and authorizing the commissioner of agriculture to adopt rules specifying how nonpoultry eggs will be regulated ( sections 3 through 6 ); and
  • Changing the fund where civil penalties are deposited from the inspection and consumer services cash fund to the general fund ( sections 7 and 8 ).
    (Note: This summary applies to this bill as introduced.) 
Status: 3/12/2020 House Committee on Finance Refer Unamended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1213 Sunset Commodity Handler And Farm Products Acts
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sunset Commodity Handler And Farm Products Acts
Sponsors: M. Young (D) | R. Pelton (R) / R. Rodriguez (D) | J. Sonnenberg (R)
Summary: Sunset Process – House Rural Affairs and Agriculture Committee. The bill implements recommendations of the department of regulatory agencies’ sunset review and report on the licensing functions of the commissioner of agriculture (commissioner) regarding the “Commodity Handler Act” and the “Farm Products Act” by:

 

  • 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.) 
Status: 1/30/2020 Introduced In House – Assigned to Rural Affairs & Agriculture
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1224 Agricultural Products Overweight Motor Vehicle
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Agricultural Products Overweight Motor Vehicle
Sponsors: R. Holtorf (R) / J. Sonnenberg (R)
Summary: If certain conditions are met, current law allows vehicle owners to get permits to move overweight loads. The bill creates a type of overweight permit for divisible loads granted to agricultural producers if:

 

  • 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.) 
Status: 3/10/2020 House Committee on Transportation & Local Government Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1226 Food Safety And Quality Labeling
Comment:
Position: Monitor
Calendar Notification: Monday, March 30 2020
GENERAL ORDERS – SECOND READING OF BILLS
(29) in house calendar.
News:
Short Title: Food Safety And Quality Labeling
Sponsors: L. Cutter (D)
Summary: The bill encourages each food manufacturer to affix a label indicating an elevated risk date on each product that poses a high level of risk to an individual who consumes the food product after the elevated risk date. On and after July 1, 2023, food that is offered for sale with such a label must:

 

  • Display the elevated risk date preceded by the phrase “USE BY” unless the executive director of the department of public health and environment (department) promulgates rules establishing a different phrase; and
  • Express the date by the first 3 letters of the month, followed by numerals designating the calendar day and year, or by the numerical calendar month followed by numerals designating the calendar day and year.

On and after July 1, 2023, if a food manufacturer or retail food facility includes a quality date on a food product, the quality date must be:

 

  • Displayed preceded by the phrase “BEST IF USED BY” unless the executive director promulgates rules establishing a different phrase; and
  • Expressed by the first 3 letters of the month followed by numerals designating the calendar day and year, or by the numerical calendar month followed by numerals designating the calendar day and year.

The bill requires the department to make publicly available on its website information indicating the distinction between elevated risk dates and quality dates on food labels.

The executive director may promulgate rules to implement the new labeling requirements.

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

 

Status: 3/12/2020 House Committee on Rural Affairs & Agriculture Refer Amended to House Committee of the Whole
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1265 Increase Public Protection Air Toxics Emissions
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Increase Public Protection Air Toxics Emissions
Sponsors: A. Benavidez (D) | A. Valdez (D) / J. Gonzales (D) | D. Moreno (D)
Summary: The bill creates a new program to regulate emissions of a subset of hazardous air pollutants, referred to as “covered air toxics”, which are defined as hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, benzene, and other hazardous air pollutants specified by the air quality control commission by rule. A stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of a covered air toxic in one year is defined as a “covered facility”:

 

  • For hydrogen cyanide, 10,000 pounds;
  • For hydrogen fluoride, 10,000 pounds;
  • For hydrogen sulfide, 5,000 pounds; and
  • For benzene, 1,000 pounds.

At least every 5 years beginning in 2026, the commission will review the best available science and adjust, as necessary to protect public health, the list of covered air toxics and their associated emission levels. The commission will:

 

  • Regulate covered air toxics more strictly than is required by the federal clean air act;
  • Require covered facilities to monitor their emissions of covered air toxics;
  • Set health-based emission limits for covered air toxics if no such limit exists under state or federal law; and
  • Establish a real-time community alert system for “incidents”, which are unauthorized emissions of an air pollutant from a covered facility.

The division of administration in the department of public health and environment will:

 

  • Consider and prevent adverse cumulative impacts from covered facilities’ emissions of hazardous air pollutants when processing air pollution permits for covered facilities that are located in or near disproportionately impacted communities, as determined by the commission by rule;
  • Approve a new or amended permit for a covered facility only if there is no net increase in the adverse cumulative impacts of hazardous air pollutant emissions above existing levels in each disproportionately impacted community affected by the emissions; and
  • If existing emissions of hazardous air pollutants exceed the health-based emission limits or have unacceptable adverse cumulative impacts on any disproportionately impacted community, require a decrease or cessation in the applicable emissions over the shortest practicable time until the emissions comply with the health-based emission limits and no longer have unacceptable adverse cumulative impacts on any disproportionately impacted community.

Covered facilities will:

 

  • Monitor their covered air toxics emissions and make the monitoring data widely available, including to the public; and
  • Promptly disseminate information regarding an incident pursuant to the commission’s real-time community alert system to the public, affected local governments and other community entities, and local emergency planning and response organizations.

The bill specifies violations for a covered facility that is covered by specified federal regulations based on the unauthorized emission of an air pollutant from a flare or pressure relief device and any uncontrolled atmospheric release of an air pollutant from an organic hazardous air pollutant pressure relief device. The commission will review its rules for these facilities and specifically consider adopting more stringent provisions, including:

 

  • A requirement that leak detection and repair inspections occur at these facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules; and
  • Reductions in fugitive emissions from equipment leaks and wastewater at these facilities.
    (Note: This summary applies to this bill as introduced.) 
Status: 3/9/2020 House Committee on Energy & Environment Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1300 Changes To Local School Food Purchasing Program
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Changes To Local School Food Purchasing Program
Sponsors: B. Buentello (D) | R. Pelton (R) / J. Bridges (D) | D. Coram (R)
Summary: For the local school food purchasing program, the bill:

 

  • 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 the reengrossed version of this bill as introduced in the second house.) 
Status: 3/14/2020 Senate Third Reading Passed – No Amendments
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1320 Off-highway Vehicle Certificates Of Title
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Off-highway Vehicle Certificates Of Title
Sponsors: K. Van Winkle (R) | M. Snyder (D)
Summary: Current law requires an off-highway vehicle to have a certificate of title to be transferred unless:

 

  • It was first transferred before July 1, 2014, and not subsequently transferred to an off-highway vehicle dealer; or
  • It was used exclusively for agricultural purposes on private land.

Section 2 of the bill requires all off-highway vehicle transfers to have a certificate of title on or after July 1, 2021, but the agricultural exemption is not changed. Section 1 exempts private transfers of off-highway vehicles from sales tax if the transfer occurred on or after July 1, 2014, and before July 1, 2021.

Current law authorizes motor vehicle dealers, salvage pools, and insurers to electronically access the department of revenue’s ownership and lienholder records to verify motor vehicle ownership and lienholding information to prevent fraud. Section 3 authorizes off-highway vehicle dealers to access this system to verify the same information on off-highway vehicles for the same reasons.

Notwithstanding the requirement that an off-highway vehicle have a title to be purchased by a dealer, current law authorizes a dealer to purchase an off-highway vehicle that was initially sold before July 1, 2014, and was never titled. The dealer must obtain an affidavit from the owner and then use the affidavit to obtain a title. Section 4 extends this authorization and procedure to off-highway vehicles privately transferred on or after July 1, 2014, and before July 1, 2021.
(Note: This summary applies to this bill as introduced.)

 

Status: 3/4/2020 House Committee on Transportation & Local Government Refer Unamended to Finance
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1338 Operational Severance Tax Transfer To Agriculture Value-added
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Operational Severance Tax Transfer To Agriculture Value-added
Sponsors: J. Arndt (D) / K. Donovan (D)
Summary: If there is money in the severance tax operational fund (operational fund) after funding core departmental programs and a reserve requirement, then the state treasurer makes transfers to the natural resources and energy grant programs (grant programs). The agriculture value-added cash fund (cash fund), which was used to promote agricultural energy-related projects, was one of these grant programs in prior fiscal years.

The bill recreates the agriculture value-added cash fund as a grant program by requiring the state treasurer to transfer $500,000, or so much as may be available, for the next 9 state fiscal years, from the operational fund to the cash fund to be used to promote agricultural energy-related projects. The transferred money in the cash fund is continuously appropriated to the department of agriculture for allocation to the Colorado agricultural value-added development board for this purpose only.

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

 

Status: 3/2/2020 Introduced In House – Assigned to Rural Affairs & Agriculture + Appropriations
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1344 Study Artificial Recharge Max Beneficial Use Water
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Study Artificial Recharge Max Beneficial Use Water
Sponsors: R. Holtorf (R)
Summary: The bill directs the Colorado water conservation board, in consultation with the state engineer and the Colorado water institute, to conduct a study to:

 

  • Evaluate ways to maximize the beneficial use of water within Colorado by recharging aquifers when surplus or excess water is available;
  • Evaluate ways to minimize the amount of water that flows out of Colorado to downstream states, without risking noncompliance with applicable interstate compacts, United States supreme court decrees, and other federal law;
  • Identify:
  • Specific aquifers that are hydrologically and legally available to be used for artificial recharge and conveniently located for both artificial recharge and subsequent releases;
  • Sources of revenue that could be used to pay for the artificial recharge; and
  • Particular potential or existing artificial recharge projects that would meet the objectives identified in the study;
  • Examine the role that various water entities might play in financing and implementing artificial recharge projects; and
  • Recommend legislative or regulatory changes needed to implement the particularly identified artificial recharge projects.

The bill directs the Colorado water conservation board to submit a report summarizing the results of the study to the committees of the general assembly with jurisdiction over water resources by January 1, 2022.

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

 

Status: 3/3/2020 Introduced In House – Assigned to Rural Affairs & Agriculture
Status History: Status History
Amendments:
Fiscal Notes:
HB20-1349 Colorado Affordable Health Care Option
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Colorado Affordable Health Care Option
Sponsors: D. Roberts (D) | C. Kennedy (D) / K. Donovan (D)
Summary: Beginning January 1, 2022, the bill requires a health insurance carrier (carrier) that offers an individual health benefit plan in this state to offer a Colorado option plan in the Colorado counties where the carrier offers the individual health benefit plan. The commissioner of insurance (commissioner) is required to develop and implement a Colorado option plan that must:

 

  • Be offered to Colorado residents who purchase health insurance in the individual market;
  • Implement a standardized plan that:
  • Allows consumers to easily compare health benefit plans; and
  • Provides first-dollar, predeductible coverage for certain services;
  • Include the essential health benefits package;
  • Provide different, specific levels of coverage;
  • Include a hospital reimbursement rate formula;
  • Require hospital participation;
  • Require a minimum medical loss ratio of 85%; and
  • Require carriers and pharmacy benefit management firms to pass rebate savings through to consumers and document the savings and pass-through in a form and manner determined by the commissioner.

The Colorado option advisory board (board) is created to advise and make recommendations to the commissioner on all aspects of the Colorado option plan.

The bill authorizes the commissioner to promulgate rules to develop, implement, and operate the Colorado option plan, including:

 

  • Expanding the Colorado option plan to the small group market;
  • Establishing a hospital reimbursement rate formula; and
  • Requiring carriers to offer the Colorado option plan in specific counties.

If a hospital refuses to participate in the Colorado option plan, the department of public health and environment may issue a warning, impose fines, or suspend, revoke, or impose conditions on the hospital’s license.

The commissioner, in consultation with the board, is required to evaluate the Colorado option plan beginning July 1, 2024, and each year thereafter.

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

 

Status: 3/11/2020 House Committee on Health & Insurance Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-002 Rural Economic Development Initiative Grant Program
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News: McLachlan’s Rural Economic Development Grant Improvements Advance
Short Title: Rural Economic Development Initiative Grant Program
Sponsors: K. Donovan (D) | D. Coram (R) / B. McLachlan (D) | B. Buentello (D)
Summary: The bill creates the rural economic development initiative (REDI) grant program in the department of local affairs (department) to provide grants for projects that create new jobs through a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. The department is required to administer the REDI grant program in collaboration consultation with the Colorado office of economic development.

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.)

 

Status: 2/24/2020 House Committee on Rural Affairs & Agriculture Refer Unamended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-008 Enhance Penalties Water Quality Criminal Violations
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Enhance Penalties Water Quality Criminal Violations
Sponsors: F. Winter (D) | M. Foote (D) / D. Jackson (D) | E. Hooton (D)
Summary: Current law specifies that a person who commits criminal pollution of state waters that is committed:

 

  • 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.)

 

Status: 2/13/2020 Introduced In House – Assigned to Energy & Environment
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-038 Statewide Biodiesel Blend Requirement Diesel Fuel Sales
Comment:
Position: Support
Calendar Notification: Monday, March 30 2020
Energy & Environment
1:30 p.m. Room 0107
(2) in house calendar.
News:
Short Title: Statewide Biodiesel Blend Requirement Diesel Fuel Sales
Sponsors: S. Fenberg (D) / S. Jaquez Lewis (D) | M. Young (D)
Summary: Energy Legislation Review Interim Study Committee. The bill requires that all diesel fuel sold or offered for sale in nonattainment areas in Colorado between June 1 and September 15 of each year, commencing June 1, 2021, be blended with and contain at least 5% biodiesel, which includes renewable diesel , 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 blending requirement does not apply to diesel fuel used in locomotives or off-road mining equipment.

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.)

 

Status: 2/6/2020 Introduced In House – Assigned to Energy & Environment
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-048 Study Strengthening Water Anti-speculation Law
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News: Want to know what’s happening in the Colorado Legislature this week? We’ve got it covered
Short Title: Study Strengthening Water Anti-speculation Law
Sponsors: K. Donovan (D) | D. Coram (R) / D. Roberts (D) | M. Catlin (R)
Summary: Water Resources Review Committee. Current law specifies that an appropriation of water cannot be based on speculation, as evidenced by either of the following:

 

  • 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.)

 

Status: 3/11/2020 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
SB20-055 Incentivize Development Recycling End Markets
Comment:
Position: Support
Calendar Notification: Thursday, April 9 2020
GENERAL ORDERS – SECOND READING OF BILLS (CONTINUED)
(3) in senate calendar.
News:
Short Title: Incentivize Development Recycling End Markets
Sponsors: K. Priola (R) | T. Story (D) / L. Cutter (D) | J. Arndt (D)
Summary: Zero Waste and Recycling Interim Study Committee. Section 1 of the bill directs the pollution prevention advisory board (board) within the department of public health and environment (department) to recommend to the department a structure and governing guidance for a recycling market development center to support the development of end-market businesses within the state. Section 1 also directs the department to conduct a literature review of what industry and other states are doing around the country regarding producer responsibility and to create policy and legislative recommendations regarding the feasibility of requiring producers to design, manage, and finance programs for end-of-life management of their products and packaging as a condition of sale.

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.)

 

Status: 3/13/2020 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-090 Limit Liability For Food Donations To Nonprofits
Comment:
Position:
Calendar Notification: Monday, March 30 2020
GENERAL ORDERS – SECOND READING OF BILLS
(26) in house calendar.
News:
Short Title: Limit Liability For Food Donations To Nonprofits
Sponsors: F. Winter (D) / D. Esgar (D) | B. Titone (D)
Summary: Current law provides limited immunity from civil and criminal liability to retail food establishments, nonprofit organizations, and other entities that donate items of food to nonprofit organizations for use or distribution in providing assistance to needy or poor persons. The bill extends the same immunity to correctional facilities.

By Brian Allmer - The BARN

Brian Allmer & the BARN are members of the National Association of Farm Broadcasting (NAFB), the Colorado FFA Foundation, the Colorado 4H Foundation, the Colorado Farm Show Marketing Committee, 1867 Club Board Member, Denver Ag & Livestock Club Member, the Weld County Fair Board, the Briggsdale FFA Advisory Council, Briggsdale 4H Club Beef Leader & Founder / Coordinator of the Briggsdale Classic Open Jackpot Show.