Bill Tracker

The bill prohibits, on or after January 1, 2025, a nonresident
foreign citizen, foreign entity, or foreign government of the People's
Republic of China, the Russian Federation, or any country determined by
the United States secretary of state to be a state sponsor of terrorism
(covered foreign person) from acquiring a controlling ownership share in
agricultural land, mineral rights, or water rights (property interest) in the
state (prohibition). A covered foreign person who acquires a controlling
ownership share in a property interest in the state prior to January 1, 2025,
may continue to own the property interest but may not acquire a
controlling ownership share in any additional property interests in the
state.
No later than March 1, 2025, or 60 days after acquiring any
ownership in a property interest in the state, whichever is later, a covered
foreign person must register with the Colorado secretary of state
(registration requirement), who is authorized to promulgate rules to
implement the registration requirement.
If the attorney general has reason to believe that a covered foreign
person has violated the prohibition or has not complied with the
registration requirement, the attorney general must commence a civil
action against the covered foreign person in a district court. If a district
court finds that the covered foreign person has violated the prohibition,
the district court must issue a judgment reverting the property interest to
the state. If the district court finds that the covered person has not
complied with the registration requirement, the district court must impose
a penalty of no more than $2,000 for each violation.
The prohibition does not apply to a refugee who is a covered
foreign person and acquires a controlling ownership share in real property
used for the purposes of agriculture with prior approval of the acquisition
by the Colorado secretary of state.

• March 07, 2024: House State, Civic, Military, & Veterans Affairs Committee Report

Transportation Legislation Review Committee. The bill
imposes safety requirements on railroads operating trains in the state. The
bill specifies that:
  • The length of a train must not exceed 8,500 feet;
  • With certain exceptions, railroads must operate, maintain,
and report the location of wayside detector systems. A
wayside detector is an electronic device or a series of
devices that monitors passing trains for defects.
  • A train may not obstruct a public crossing for longer than
10 minutes unless the train is continuously moving or is
prevented from moving by circumstances beyond the
railroad's control;
  • Any crew member of a train may report to the crew
member's designated union representative a safety
violation, injury, or death that occurred during the
operation of a train. After receiving a report of a violation,
a designated union representative may enter a railroad's
place of operation to investigate the report during
reasonable hours and after notifying the railroad.
  • The public utilities commission (PUC) may impose fines
for the violation of these safety requirements or for denying
a union representative's access to the railroad's place of
operation. The bill requires the PUC to develop guidelines
for determining, imposing, and appealing fines.
The bill also creates the front range passenger rail district
maintenance and safety fund (fund), which consists of money collected
as fines imposed by the PUC. The fund is continuously appropriated to
the state treasurer for the purpose of issuing warrants from the fund to the
front range passenger rail district for safety planning and development
during the research, development, and construction of a passenger rail
system; maintaining a passenger rail system; and completing capital
development projects to improve the safety of a passenger rail system.
The bill requires that on or before July 1, 2025, and at least once
every 3 years thereafter, each railroad offer training to each fire
department having jurisdiction along tracks upon which the railroad
operates in the state.
The bill requires railroads that transport hazardous material in
Colorado to maintain insurance coverage that is adequate to cover costs
and liabilities resulting from accidents. The PUC is required to
promulgate rules establishing minimum coverage amounts.

• May 02, 2024: Senate Appropriations Committee Report
• April 26, 2024: Senate Transportation & Energy Committee Report
• March 15, 2024: House Appropriations Committee Report
• February 28, 2024: House Transportation, Housing & Local Government Committee Report

Water Resources and Agriculture Review Committee. The bill
extends to December 31, 2025, the time in which the department of
agriculture may implement wild horse population management pursuant
to Senate Bill 23-275.

• February 22, 2024: Senate Agriculture & Natural Resources Committee Report
• January 22, 2024: House Agriculture, Water & Natural Resources Committee Report

Water Resources and Agriculture Review Committee. The
board of veterinary medicine (board) is required to promulgate rules
establishing certain veterinary medicine tasks that a licensed veterinarian
may delegate to veterinary technicians and veterinary technician
specialists and the recommended level of supervision for the tasks.
A licensed veterinarian may delegate tasks pursuant to the board's
rules after first establishing a veterinarian-client-patient relationship with
an animal or group of animals and the owner of the animal or animals.
The licensed veterinarian is required to provide an appropriate level of
supervision of the veterinary technician or veterinary technician specialist
in accordance with applicable rules of the board. If there are not
applicable rules related to the specific veterinary task that is being
delegated, the veterinarian may delegate the task based on the assessment
of the veterinary medical care being provided, the experience, education,
and training of the person providing the care, and in compliance with all
state and federal laws.
Beginning on January 1, 2026, the bill authorizes a veterinary
technician to receive a veterinary technician specialist designation as part
of the veterinary technician's registration, grants title protection for
veterinary technician specialists, and prohibits the unauthorized practice
as a veterinary technician specialist by a person who does not have a
veterinary technician specialist designation.

• February 21, 2024: Senate Agriculture & Natural Resources Committee Report
• February 05, 2024: House Agriculture, Water & Natural Resources Committee Report

Water Resources and Agriculture Review Committee. The bill
concerns the use of telehealth to provide veterinary services. The bill
defines different types of telehealth tools that can be used in a veterinary
practice.
In current law, one criterion for the establishment of a
veterinarian-client-patient relationship is that the veterinarian has
conducted an examination of the animal that is the patient. The bill
clarifies that the examination must be an in-person, physical examination.
The bill also extends the veterinarian-client-patient relationship to other
licensed veterinarians who share the same physical premises as the
veterinarian who established the relationship if the other veterinarians
have access to and have reviewed the patient's medical records.
The bill allows a licensed veterinarian who has established a
veterinarian-client-patient relationship to use telehealth to provide
veterinary services to clients and patients in Colorado with the consent of
the client. A licensed veterinarian may also refer a patient to a veterinary
specialist, who may provide veterinary services via telemedicine under
the referring veterinarian's veterinarian-client-patient relationship.
The bill authorizes the state board of veterinary medicine to
establish rules for the use of telehealth to provide veterinary services.
The bill clarifies that only a licensed veterinarian with an
established veterinarian-client-patient relationship may prescribe
medication using telemedicine.
The bill allows a licensed veterinarian who has established a
veterinarian-client-patient relationship to supervise veterinary personnel
who are not located on the same premises using telesupervision if the
veterinarian and the personnel are employees of the same veterinary
practice and the veterinary premises, the veterinary professionals or other
veterinary personnel, and the patient are all located in Colorado.
The bill establishes record-keeping, confidentiality, and privacy
requirements related to the use of telehealth.

• February 21, 2024: Senate Agriculture & Natural Resources Committee Report
• February 05, 2024: House Agriculture, Water & Natural Resources Committee Report

The bill adds rare plants and invertebrates to the species that may
be studied and conserved under the current Nongame, Endangered, or
Threatened Species Conservation Act, which is renamed the Nongame,
Endangered, or Threatened Wildlife and Rare Plant Conservation Act.
The general assembly is required to make a general fund appropriation to
study invertebrates.
Imperiled or potentially imperiled plants are added to the species
conservation trust fund, and this addition allows the money in the fund to
be spent for conservation of these plants.

• April 23, 2024: Senate Appropriations Committee Report
• April 03, 2024: Senate Agriculture & Natural Resources Committee Report
• March 01, 2024: House Appropriations Committee Report
• February 22, 2024: House Agriculture, Water & Natural Resources Committee Report

Under current law, an original equipment manufacturer of
agricultural equipment or a powered wheelchair is required, upon request,
to provide parts, tools, documentation, and other resources to independent
repair providers and owners of the manufacturer's agricultural equipment
or powered wheelchairs to facilitate an independent repair provider's or
owner's diagnosis, maintenance, or repair of a piece of agricultural
equipment or a powered wheelchair (right-to-repair statutes).
The bill expands the right-to-repair statutes to digital electronic
equipment and adds exemptions for various types of digital electronic
equipment, including motor vehicles, medical devices other than powered
wheelchairs, and certain construction- and energy-related equipment.

• April 11, 2024: Senate Business, Labor, & Technology Committee Report
• February 29, 2024: House Business Affairs & Labor Committee Report

The bill establishes a state income tax credit (credit) for the sale or
lease of land, crops, livestock and livestock facilities, farm equipment and
machinery, grain storage, irrigation equipment, or water used for
agriculture (agricultural assets) to certain agricultural producers for
income tax years beginning on or after January 1, 2026, but before
January 1, 2031. There are 3 different credits that may be earned by a
qualified taxpayer. For the sale of an agricultural asset to a beginning
farmer or rancher or socially disadvantaged farmer or rancher, a qualified
taxpayer may earn a credit equal to 5% of the lesser of the sale price or
fair market value of the agricultural asset up to a maximum credit of
$32,000 for one income tax year. For the lease of an agricultural asset to
a beginning farmer or rancher or socially disadvantaged farmer or
rancher, a qualified taxpayer may earn a credit equal to 10% of the gross
rental income in each of the first, second, and third years of the rental
agreement, up to a maximum credit of $7,000 for one income tax year.
For the lease of an agricultural asset to a beginning farmer or rancher or
socially disadvantaged farmer or rancher for a period of 20 years or more,
a qualified taxpayer may also earn a credit equal to 2% of the gross rental
income for each year after the first 3 years of the extended term lease, up
to a maximum amount of $2,000 per income tax year. The credit is
refundable and may not be carried forward.
To claim the credit, a qualified taxpayer must apply to the
Colorado agricultural value-added development board (board) for a credit
certificate (certificate). The board will evaluate the application and issue
a certificate if the taxpayer qualifies for the credit. If a certificate is
issued, the qualified taxpayer must attach it to the taxpayer's income tax
return and submit it to the department of revenue to claim the credit. The
board may issue rules to administer the credit.
The aggregate amount of credits issued in one calendar year cannot
exceed $2 million. After certificates have been issued for credits that
exceed an aggregate of $2 million for all qualified taxpayers during a
calendar year, any claims that exceed the amount allowed are placed on
a wait list in the order submitted and a certificate is issued for use of the
credit in the next income tax year. No more than $2 million in claims
shall be placed on the wait list in any given calendar year.

• March 07, 2024: House Finance Committee Report
• February 15, 2024: House Agriculture, Water & Natural Resources Committee Report

Current law prohibits a local government from creating laws that
regulate the use of pesticides by pesticide applicators regulated by state
or federal law. The bill allows a local government to create and enforce
laws regulating the sale or use of pesticides to protect the health and
safety of the community with certain exceptions.

• March 15, 2024: House Appropriations Committee Report
• February 15, 2024: House Energy & Environment Committee Report

The bill requires, no later than March 1, 2025, or 60 days after
acquiring a real property interest in the state, a foreign government of any
country determined by the United States secretary of state to be a state
sponsor of terrorism that owns a real property interest in the state to
register with the Colorado secretary of state.

• March 04, 2024: House State, Civic, Military, & Veterans Affairs Committee Report

The bill establishes a state income tax credit for active qualified
stewardship practices on a farm or ranch beginning January 1, 2026.
There are 3 tiers of tax credits that may be earned by a qualified taxpayer.
For actively practicing one qualified stewardship practice, a qualified
taxpayer may earn a state income tax credit equal to $75 per acre of land
covered by the qualified stewardship practice, up to a maximum credit of
$150,000 in one income tax year. For actively practicing 2 qualified
stewardship practices, a qualified taxpayer may earn a state income tax
credit equal to $100 per acre of land covered by the qualified stewardship
practices, up to a maximum credit of $200,000 in one income tax year.
For actively practicing 3 or more qualified stewardship practices, a
qualified taxpayer may earn a state income tax credit up to $150 per acre
of land covered by the qualified stewardship practices, up to a maximum
of $300,000 per income tax year. The tax credit is refundable and may not
be carried forward.
To claim the credit, a qualified taxpayer must apply to the
department of agriculture for a tax credit certificate. The department of
agriculture will evaluate the application and issue the certificate if the
taxpayer qualifies for the tax credit. If a tax credit certificate is issued, the
qualified taxpayer must attach it to the taxpayer's income tax return and
submit it to the department of revenue.
The aggregate amount of tax credits issued in one calendar year
cannot exceed $10 million. After certificates have been issued for credits
that exceed an aggregate of $10 million for all qualified taxpayers during
a calendar year, any claims that exceed the amount allowed are placed on
a wait list in the order submitted and a certificate is issued for use of the
credit in the next income tax year. No more than $5 million in claims
shall be placed on the wait list in any given calendar year.
Only one tax credit certificate may be issued per qualified taxpayer
in a calendar year, and the qualified taxpayer claiming the credit may only
receive the tax credit for up to 3 income tax years. No credit may be
earned if the qualified taxpayer has received another tax credit, a tax
deduction, or a grant related to agricultural land health from any source
during the income tax year for which the tax credit is sought.

• May 04, 2024: Senate Appropriations Committee Report
• May 02, 2024: Senate Finance Committee Report
• April 25, 2024: House Appropriations Committee Report
• March 25, 2024: House Finance Committee Report
• March 11, 2024: House Agriculture, Water & Natural Resources Committee Report

For income tax years commencing on or after January 1, 2026, but
before January 1, 2033, the bill creates a new refundable state income tax
credit for a qualified licensed veterinarian and a registered veterinary
technician (veterinary professional) working full-time in an underserved
area or under-resourced area (underserved area) and for a buyer of a
veterinary practice in an underserved area. The department of agriculture
(department) is required to certify tax credits for eligible veterinary
professionals and buyers of a veterinary practice in an underserved area
in an amount not to exceed, in aggregate, $2 million in any tax year.
No later than July 1, 2025, the department is required to
promulgate rules for issuing a tax credit certificate to an eligible
veterinary professional working full-time in an underserved area and for
a buyer of a veterinary practice in an underserved area using the
recommendations of an advisory board (board) that consists of 3 licensed
veterinarians, 3 registered veterinary technicians, 3 agricultural animal
producers, and 3 representatives from animal welfare nonprofits chosen
by the commissioner of agriculture.
The department must promulgate rules that include criteria for the
determination of which geographic areas of the state fall within the
definition of an underserved or under-resourced area. The department
must also promulgate rules that determine a mechanism to determine the
tax credit amount the department is able to certify to an eligible veterinary
professional working full-time in an underserved area that is no less than
$5,000 and no more than $30,000 and to a buyer of a veterinary practice
in an underserved or under-resourced area that is no less than $10,000 and
no more than $200,000.

• April 10, 2024: House Finance Committee Report
• March 25, 2024: House Agriculture, Water & Natural Resources Committee Report

House Bill 21-1266, enacted in 2021, authorized the creation of
the environmental justice action task force to develop recommendations
for measures to achieve environmental justice in the state. The task force
completed its work and published a final report on November 14, 2022,
which report included a recommendation for the development of
environmental equity and cumulative impact analyses (EECIA) in the
state.
Section 2 of the bill creates the office of environmental justice
(office) in the department of public health and environment (CDPHE) and
section 1 requires the office to oversee a process to develop at least 2
EECIAs for specific geographic locations in the state. Once an EECIA is
developed, various state agencies will be able to rely on the EECIA in
conducting cumulative impact analyses regarding potentially polluting
activities.
The office must choose as locations for the EECIAs communities
that are disproportionately impacted communities, with priority given to
communities that have a heightened potential for widespread human
exposure to environmental contaminants. After selecting a location for an
EECIA, CDPHE must contract with an academic institution or other third
party to develop an EECIA. In developing an EECIA, the applicable
contractor must perform a scientifically rigorous analysis that includes
most of the recommendations made by the environmental justice action
task force.
Section 3 makes a technical change regarding the assessment of
civil penalties for air quality law violations.
On or after January 1, 2026, section 4 authorizes the elected
officials of a city, town, county, or city and county (local governing body)
to request that the air quality control commission (commission) impose
limits on any new or increased operational emissions of certain
health-related air pollutants that would affect individuals located in the
geographic region governed by the local governing body. To obtain
approval of such a request, the local governing body must demonstrate to
the commission's satisfaction that:
  • The geographic region over which the local governing
body has jurisdiction is cumulatively impacted by
pollution; and
  • An agency of the local government governed by the local
governing body has a process to review exemption requests
from the limits on any new or increased operational
emissions.
An approved request for limits expires after 5 years and the local
governing body must renew its request to further continue the limits. The
commission may rescind its approval of the limits if the commission
determines that the local governing body is not complying with its own
processes regarding the limits.
On or before January 1, 2025, the division of administration
(division) in CDPHE is required under section 5 to hire a petroleum
refinery regulation expert to examine whether a specific petroleum
refinery rule should be adopted by the commission and examine other
regulatory or nonregulatory measures performed.
Section 5 requires a petroleum refinery in the state to comply with
certain monitoring requirements to provide real-time emissions
monitoring data to the division.
Section 5 also requires the division to establish a rapid response
inspection team to respond quickly to air quality complaints received.
Once the team is established, the team is required to develop processes
and best practices for quickly responding to such complaints and to
engage in outreach to communities regarding events and conditions that
lead to excess air pollution emissions in communities.

• May 06, 2024: Senate Appropriations Committee Report
• April 24, 2024: Senate Transportation & Energy Committee Report
• April 19, 2024: House Appropriations Committee Report
• March 21, 2024: House Energy & Environment Committee Report

Under current law, the air quality control commission
(commission) consists of 9 members. As of October 1, 2024, section 2 of
the bill increases the membership of the commission to 11 members to
include:
  • One member who represents a disproportionately impacted
community and the interests of communities of color and
who does not derive income from an entity that the
commission regulates; and
  • One climate scientist employed by an organization that
does not derive income from an entity that the commission
regulates.
Under current law, the commission is required to adopt rules
regulating greenhouse gas (GHG) emissions from the industrial and
manufacturing sector (sector). Section 3 requires the commission to adopt
rules, to be implemented by January 1, 2025, that:
  • Prohibit GHG emissions from the sector from increasing in
the near term and require sector-wide emissions not to
exceed 97 million metric tons of total carbon dioxide
equivalent cumulatively between 2025 and 2030;
  • Prohibit a sector source from complying with GHG
emissions compliance obligations by making a payment
unless the payment is made in exchange for GHG credit
that is surrendered as part of a GHG credit trading
program; and
  • Establish source-specific GHG emission reduction
requirements that must be met through direct reductions of
GHG emissions for a sector source that adversely affects a
disproportionately impacted community.
Section 3 also clarifies the definition of GHG credit, as applied
to the requirement for commission rule-making, to include an allowance
to emit one metric ton of carbon dioxide equivalent of GHG by a
regulated source.

• April 18, 2024: House Energy & Environment Committee Report

Current law authorizes a livestock owner (owner) to be
compensated when a game animal or a gray wolf kills livestock, a
livestock guard, or a herding animal. To receive compensation for native
carnivore depredation under current law, the bill requires the owner to:
  • Employ nonlethal coexistence strategies; and
  • Appropriately dispose of a livestock carcass in a manner
that makes the livestock carcass inedible for native
carnivores.
If an owner fails to appropriately dispose of a livestock carcass in
violation of the bill and this failure results in depredation, the division of
parks and wildlife (division) may not issue a permit to kill the native
carnivore.
For the purposes of receiving compensation under current law, the
bill also changes the definition of a working animal from livestock guard
or herding animal to livestock guardian dog, and the effect of this
change is to stop compensation for herding animals and guard animals
that are not dogs. In addition, the livestock guardian dog must be trained
and working when depredated.
When native carnivores establish a presence in an area, the parks
and wildlife commission must create a conflict prevention plan, which
must include appropriate nonlethal measures. The bill sets standards for
the plan. Then, the division must coordinate with and educate owners
within the area to implement proactive nonlethal coexistence strategies.
The division will hire native-carnivore coexistence officers to implement
the bill.
The division must keep records of the claims and their disposition
and issue a report to the relevant legislative committees.
The division and the department of agriculture must coordinate
and cooperate with each other to implement the bill.
The division may seek and expend gifts, grants, and donations for
native-carnivore nonlethal coexistence.

• April 01, 2024: House Agriculture, Water & Natural Resources Committee Report

The bill requires the water quality control commission
(commission) in the department of public health and environment
(department) to promulgate rules by May 31, 2025, as necessary to
implement a state dredge and fill discharge authorization program
(program) and requires the division of administration (division) in the
department to administer and enforce authorizations for activities that will
result in the discharge of dredged or fill material into state waters. The
rules must focus on avoidance of, minimization of, and compensation for
the impacts of dredge and fill activity (activity), include application
requirements, and be at least as protective as the guidelines developed
pursuant to section 404 (b)(1) of the federal Clean Water Act.
The bill establishes duties for the division in administering the
program, as follows:
  • The division shall issue individual authorizations consistent
with the rules promulgated by the commission;
  • The division shall issue general authorizations for the
discharge of dredged or fill material into state waters from
certain categories of activities that have minimal effects on
state waters and the environment;
  • The division shall utilize the existing structure of
preconstruction notifications in the nationwide and regional
permits established by the United States Army Corps of
Engineers and issue general authorizations to be effective
for categories of activities that do not require
preconstruction notification; and
  • The division may include conditions in a notice of
authorization, on a case-by-case basis, to clarify the terms
and conditions of a general authorization or to ensure that
an activity will have only minimal individual and
cumulative adverse effects on state waters.
Compensatory mitigation is required in all individual
authorizations and in general authorizations where unavoidable adverse
impacts to wetlands will affect over one-tenth of an acre or, for streams,
where unavoidable adverse impacts greater than the threshold established
by the commission by rule will occur. Compensatory mitigation may be
accomplished through the purchase of mitigation bank credits, an in-lieu
fee program, or project-proponent-responsible mitigation.
Until the rules become effective:
  • The division's Clean Water Policy 17, Enforcement of
Unpermitted Discharges of Dredged and Fill Material into
State Waters, continues to be effective;
  • For projects that do not qualify for enforcement discretion
under the division's Clean Water Policy 17, the division
may issue temporary authorizations for the discharge of
dredged or fill material into state waters only under certain
conditions; and
  • Temporary authorizations must include conditions
necessary to protect the public health and the environment
and to meet the intent of the bill.
The division may issue a temporary authorization for a period not to
exceed 2 years.
The bill deems certain activities exempt and therefore does not
require a discharge authorization for, or otherwise require regulation of,
such activities. The bill also excludes certain types of waters from the
bill's regulatory requirements.
The bill clarifies that state waters includes wetlands.
In current law, with certain exceptions, an applicant for any water
diversion, delivery, or storage facility that requires an application for a
permit, license, or other approval from the United States must inform the
Colorado water conservation board, the parks and wildlife commission,
and the division of parks and wildlife of its application and submit a
mitigation proposal. The bill extends the same requirement to an applicant
for any such facility that requires an individual authorization from the
division.

• May 04, 2024: Senate Appropriations Committee Report
• May 03, 2024: Senate Finance Committee Report
• April 23, 2024: House Appropriations Committee Report
• April 15, 2024: House Finance Committee Report
• April 08, 2024: House Agriculture, Water & Natural Resources Committee Report

The bill creates the division of animal welfare (division) within the
department of agriculture. The division is created to promote domestic
animal welfare, including providing education and outreach, creating
voluntary programs, and awarding grants.

• May 04, 2024: Senate Appropriations Committee Report
• May 02, 2024: Senate Agriculture & Natural Resources Committee Report
• April 25, 2024: House Appropriations Committee Report
• April 22, 2024: House Agriculture, Water & Natural Resources Committee Report

Water Resources and Agriculture Review Committee. Prior to
the consolidation of the division of wildlife and the division of parks and
recreation and their respective commissions in Senate Bill 11-208,
enacted in 2011, members of the wildlife commission were required to
hold at least 2 public meetings per year in their respective geographic
districts.
The bill renews the public engagement requirement for the
members of the parks and wildlife commission in the department of
natural resources who are appointed by the governor and adds the same
public engagement requirement for members of the state agricultural
commission and the Colorado water conservation board who are
appointed by the governor. The bill requires the public engagement
meetings be held in person.
Commission and board members subject to the public engagement
requirement are entitled to reimbursement for their reasonable costs in
holding public meetings. Status updates on the commission and board
members' compliance with the public engagement requirement must be
reported to the chair of each member's respective commission or board
and included in each member's respective executive department's annual
SMART Act presentation to the general assembly.

• April 10, 2024: House Appropriations Committee Report
• March 25, 2024: House Agriculture, Water & Natural Resources Committee Report
• March 08, 2024: Senate Appropriations Committee Report
• January 18, 2024: Senate Agriculture & Natural Resources Committee Report

Transportation Legislation Review Committee. The bill creates
the vulnerable road user protection enterprise in the department of
transportation (CDOT) for the purpose of providing funding for
transportation system infrastructure improvements and other data-driven
strategies identified in the federal highway administration-mandated
vulnerable road user safety assessment, which CDOT is required to
develop, that reduce the number of collisions with motor vehicles that
result in death or serious injury to vulnerable road users (eligible
projects). The enterprise is required to impose a vulnerable road user
protection fee, which is imposed in tiered amounts that are calculated
based on motor vehicle weight and configuration, on the registration of
passenger cars and light trucks that are not commercial vehicles. Fee
revenue is credited to a newly created vulnerable road user protection
enterprise cash fund and continuously appropriated to the enterprise. The
enterprise is authorized to provide grants, subject to specified parameters
relating to grant amounts, matching money requirements, and the use of
grant money, to fund eligible projects.
The enterprise is required to:
  • Publish and post on its website a 5-year plan that details
how the enterprise will execute its business purpose and
estimates the amount of funding that will be available to
implement the plan;
  • Create, maintain, and regularly update on its website a
public accountability dashboard; and
  • Prepare an annual report, present the report to the
transportation commission and specified legislative
committees, and post the report on its website.

• March 19, 2024: Senate Finance Committee Report
• February 05, 2024: Senate Transportation & Energy Committee Report

Water Resources and Agriculture Review Committee. The bill
requires the division of administration (division) in the department of
public health and environment (department), in collaboration with the
university of Colorado's Mortenson center in global engineering and
resilience and the Colorado water institute located within Colorado state
university, to:
  • Conduct a feasibility study of the use of green
infrastructure, which refers to nature-based,
watershed-scale water quality management solutions that
are an alternative to traditional gray infrastructure, which
refers to centralized water treatment facilities, and the use
of green financing mechanisms for water quality
management;
  • Establish one or more pilot projects in the state to
demonstrate the use of green infrastructure, green financing
mechanisms, or both;
  • Adopt rules establishing a prepermit baseline date to assist
municipalities and other water providers to pursue
prepermit solutions for compliance with state and federal
water quality standards; and
  • Submit a report and present to the water resources and
agriculture review committee on the progress of the
feasibility study and any pilot projects and on any
legislative and administrative recommendations to promote
the use of green infrastructure and green financing
mechanisms for water quality management in the state.

• May 01, 2024: House Appropriations Committee Report
• April 22, 2024: House Agriculture, Water & Natural Resources Committee Report
• April 16, 2024: Senate Appropriations Committee Report
• February 29, 2024: Senate Agriculture & Natural Resources Committee Report

Water Resources and Agriculture Review Committee. Under
current law, when certain conditions exist, a district court may establish
conservancy districts for the conservation, development, utilization, and
disposal of water for agricultural, municipal, and industrial uses. Section
1 of the bill allows conservancy districts to conserve, develop, utilize, or
dispose of water for commercial uses as well.
Section 2 authorizes the board of directors of a conservancy
district to:
  • Submit and participate in a plan for augmentation for the
benefit of water rights and wells within and outside of the
boundaries of the conservancy district;
  • Contract with water users within and outside of the
conservancy district for the provision of services;
  • Exercise certain powers concerning the management,
control, delivery, use, and distribution of water in
conjunction with a plan for augmentation;
  • In conjunction with sections 4 and 5, establish a water
activity enterprise, which is a government-run business, for
the purpose of pursuing or continuing water activities; and
  • Sell, lease, or otherwise dispose of the use of water or
capacity in works by term contracts or by contracts for the
perpetual use of the water or works to certain entities.
Section 3 authorizes a conservancy district to:
  • Enter into long-term contracts with public and private
entities for the accomplishment of functions of the
conservancy district; and
  • Avail itself of aid, assistance, and cooperation from the
federal government, the state government, and local
governments.
Sections 4 and 5 allow a conservancy district to establish a water
activity enterprise, which is a business that receives less than 10% of its
annual revenues in grants from all Colorado state and local governments
combined, is authorized to issue its own revenue bonds, and is excluded
from the provisions of the Taxpayer's Bill of Rights in the state
constitution.

• March 27, 2024: Senate Agriculture & Natural Resources Committee Report

Water Resources and Agriculture Review Committee. The bill
authorizes a raw milk producer (producer) that registers with the
department of public health and environment (department) to engage in
direct-to-consumer sales of raw milk in the state if the producer complies
with certain labeling, storage, handling, and transportation requirements.
The direct-to-consumer sales may take place at the location where the raw
milk is produced, at the consumer's residence, or at a farmers' market or
roadside market. The bill authorizes the department of agriculture to:
  • Adopt rules related to the storage, handling, and
transportation of raw milk intended for sale directly to
consumers;
  • Inspect producers' raw milk and operations;
  • Enforce against a violation in court or by imposition of a
civil penalty.

• April 23, 2024: Senate Appropriations Committee Report
• January 18, 2024: Senate Agriculture & Natural Resources Committee Report

The bill creates the agricultural and rural community behavioral
health liaison (liaison) position in the behavioral health administration
(BHA) to serve as a liaison between the BHA, department of agriculture
(department), behavioral health-care providers, rural community leaders,
agricultural communities, and nonprofit organizations that serve
agricultural communities. The liaison shall:
  • Engage in statewide community outreach to educate
communities on the impact of behavioral health issues
facing farmers, ranchers, and other individuals involved in
agricultural or rural communities;
  • Establish interdepartmental relationships; and
  • Develop an understanding of and address the root causes of
behavioral health issues in the agricultural industry and in
rural communities.
The bill creates the agricultural behavioral health community of
practice work group (work group) in the department. The purpose of the
work group is to convene a group of leaders and experts in agriculture
and behavioral health care to improve access to behavioral health care for
those involved in agriculture. The work group consists of at least 7
members and shall:
  • Compile best practices to provide behavioral health care to
those involved in agriculture;
  • Identify gaps in access to comprehensive behavioral health
care for those involved in agriculture;
  • Engage with other stakeholders involved in behavioral
health care focused on those involved in agriculture; and
  • Collect data on behavioral health-care outcomes in
agricultural communities and steps taken to support those
involved in agriculture through behavioral health initiatives
and programs.
The work group is scheduled for sunset review and repeal on
September 1, 2029.
The bill establishes the agricultural behavioral health grant
program (grant program) in the department. The purpose of the grant
program is to:
  • Continue existing programs or create new programs that
address the root causes of behavioral health issues in the
agricultural industry or in rural communities;
  • Strengthen collaborative efforts between organizations and
communities in addressing the root causes of behavioral
health issues in the agricultural industry or in rural
communities; and
  • Improve access to health, wellness, and behavioral health
care for farmers, ranchers, and other agricultural industry
workers.
The bill requires the department to contract with a statewide
agricultural organization to convene an in-person annual summit for
organizations with an interest in promoting and providing behavioral
health care to agricultural communities.
The department and the BHA are required to enter into an
interagency agreement to share data collected in the course of addressing
behavioral health-care issues in the agricultural industry and in rural
communities.
On or before January 1, 2026, and each January 1 thereafter, the
department is required to submit a report summarizing data collected by
the work group, and data collected from grant recipients, to the
agriculture, water, and natural resources committee and the health and
human services committee of the house of representatives and the
agriculture and natural resources committee and the health and human
services committee of the senate, or their successor committees, and the
BHA. On or before January 1, 2027, and each January 1 thereafter, the
department shall include in the report a summary of the data collected
regarding the in-person annual summit.

• May 04, 2024: House Appropriations Committee Report
• May 01, 2024: Senate Appropriations Committee Report
• February 07, 2024: Senate Health & Human Services Committee Report

The bill creates the agricultural workforce mental health and
suicide prevention program (program) in the department of agriculture
(department). The purpose of the program is to address the challenges
facing agricultural workers and to provide agricultural workers mental
health support, suicide prevention services, and crisis management
services.
As part of the program, the department shall:
  • Create a public awareness campaign to promote suicide
prevention among agricultural workers;
  • Contract with a nationally recognized nonprofit
organization to offer a free and confidential crisis support
hotline for agricultural workers;
  • Develop a mental wellness plan for agricultural workers
who are affected by a natural disaster and its financial and
industry-related repercussions;
  • Coordinate suicide prevention and crisis management
services with state agencies, including the department of
human services and the behavioral health administration;
  • Collaborate with the behavioral health administration to
ensure callers to the 988 crisis hotline and callers to the
crisis support hotline are served; and
  • Collect data on the program and recommend legislative
changes as necessary.
The bill requires the department to submit a report summarizing
the data collected on the program and recommendations on or before
September 1, 2025, and September 1 every other year thereafter, to the
house of representatives agriculture, water, and natural resources
committee and the senate agriculture and natural resources committee, or
their successor committees.

• February 07, 2024: Senate Health & Human Services Committee Report

In current law, the Colorado Recreational Use Statute (CRUS)
protects landowners (owners) from liability resulting from the use of their
lands by other individuals for recreational purposes. However, the CRUS
does not limit an owner's liability for injuries or death resulting from the
owner's willful or malicious failure to guard or warn against a known
dangerous condition, use, structure, or activity likely to cause harm
(willful or malicious failure).
The bill states that under such circumstances, an owner does not
commit a willful or malicious failure if:
  • The owner posts a warning sign at the primary access point
where the individual entered the land, which sign satisfies
certain criteria;
  • The owner maintains photographic or other evidence of the
sign; and
  • The dangerous condition, use, structure, or activity that
caused the injury or death is described by the sign.
The bill requires an individual who accesses land for recreational
purposes to stay on the designated recreational trail, route, area, or
roadway unless the owner expressly allows otherwise, or be deemed a
trespasser.
Currently, the CRUS states that owner includes the possessor of
any interest in land. The bill clarifies that owner includes a possessor
or holder of a conservation easement.
The bill states that the CRUS may not be construed to limit an
owner's ability to restrict or prohibit the use of the owner's land for any
recreational purposes.
The bill also updates certain archaic language within the CRUS.

• February 20, 2024: House Judiciary Committee Report
• January 29, 2024: Senate Judiciary Committee Report

The bill creates the waste tire management enterprise (enterprise).
Under current law, when a consumer buys new tires, the retailer charges
the consumer a waste tire fee (fee) that is then collected by the department
of public health and environment (department) and distributed into 2
separate cash funds:
  • The waste tire administration, enforcement, market
development, and cleanup fund; and
  • The end users fund.
The department uses the money in the waste tire administration,
enforcement, market development, and cleanup fund for various purposes
related to waste tire recycling and management. The department uses the
money in the end users fund to issue rebates to end users of waste tires.
The bill shifts the following responsibilities from the department
to the enterprise:
  • Collecting the fee;
  • Managing the waste tire administration, enforcement,
market development, and cleanup fund and the end users
fund;
  • Issuing rebates to end users; and
  • In conjunction with the solid and hazardous waste
commission, overseeing the activities of waste tire haulers,
waste tire generators, waste tire collection facilities, waste
tire processors, mobile processors, waste tire monofills, end
users, and used tire management.
The bill extends the amount of time that the fee may be collected,
from December 31, 2025, until December 31, 2040.
The enterprise is operated by a board of directors appointed by the
executive director of the department. The enterprise's primary duties and
functions are to:
  • Collect the fee;
  • Promote waste tire recycling and management strategies for
Colorado;
  • Issue revenue bonds;
  • Publish waste tire recycling and management strategies
online; and
  • Engage the services of contractors, consultants, or legal
counsel to provide professional and technical assistance
related to the conduct of the enterprise.
Because the enterprise is a government-owned business, the
revenue generated by the enterprise is not subject to section 20 of article
X of the state constitution.

• May 02, 2024: House Appropriations Committee Report
• April 25, 2024: House Finance Committee Report
• April 12, 2024: Senate Appropriations Committee Report
• February 29, 2024: Senate Finance Committee Report

Under current law, the conservation easement oversight
commission (commission) and the certified holder program (program) are
repealed on July 1, 2026. The bill eliminates the repeal dates to extend the
commission and program indefinitely.
There is currently a cap of $45 million for the total value of
conservation easement income tax credits (credits) that may be claimed
by and credited to donors of a conservation easement in one calendar
year. Credits filed after the cap is reached are placed on a wait list for the
next calendar year. The bill increases the cap to $75 million beginning in
calendar year 2025.
Current law provides that partnerships, S corporations, or other
similar entities (pass-through entities) may not be transferees of a credit.
The bill allows pass-through entities to be transferees of a credit
beginning on January 1, 2025. The bill also allows insurance companies
to purchase credits to offset insurance premium taxes.
Currently, a credit may be transferred once, in whole or in part,
from a donor to a transferee. The bill allows a transferee to transfer a
credit to a subsequent transferee beginning with the income tax year
starting on January 1, 2025.

• May 06, 2024: House Appropriations Committee Report
• April 29, 2024: House Finance Committee Report
• April 22, 2024: House Agriculture, Water & Natural Resources Committee Report
• April 16, 2024: Senate Appropriations Committee Report
• March 05, 2024: Senate Finance Committee Report
• February 22, 2024: Senate Agriculture & Natural Resources Committee Report

The bill creates the stream and wetlands protection commission
(commission) in the department of natural resources (department) and
requires the commission to develop, adopt, and maintain a dredge-and-fill
permit program (permit program) for:
  • Regulating the discharge of dredged or fill material into
certain state waters; and
  • Providing protections for state waters, which protections
are no more restrictive than the protections provided under
the federal Clean Water Act as it existed on May 24,
2023.
The bill creates the stream and wetlands protection division
(division) in the department to administer and enforce the permit
program.
The commission is required to promulgate rules as expeditiously
as is prudent and feasible concerning the issuance of permits under the
permit program. Until the division implements such rules, the bill
prohibits the water quality control division in the department of public
health and environment from taking any enforcement action against an
activity that includes the discharge of dredged or fill material into state
waters if the activity causing the discharge is conducted in a manner that
provides for protection of state waters consistent with the protections that
would have occurred through compliance with federal law prior to May
25, 2023.
The bill establishes enforcement mechanisms for the permit
program. A person who violates the terms of a permit, a rule, or a
cease-and-desist order or clean-up order is subject to a civil penalty of not
more than $10,000 per day per violation.
The bill directs the state treasurer to transfer $600,000 from the
severance tax operational fund to the capital construction fund on July 1,
2024, for the implementation of the bill.

• April 25, 2024: Senate Finance Committee Report
• April 11, 2024: Senate Agriculture & Natural Resources Committee Report

The bill creates a tax incentive program to be administered by the
department of agriculture and the department of revenue to encourage
local food and beverage retailers to purchase agricultural commodities
from local producers practicing regenerative agriculture. For income tax
years commencing on or after January 1, 2024, but before January 1,
2029, qualifying retailers that purchase produce and animal products from
qualifying local producers are allowed an income tax credit in an amount
equal to 25% of the total amount paid for all such purchases by the
qualifying retailer in the income tax year in accordance with the
requirements and limitations set forth in section 2 of the bill.
Section 3 makes a conforming amendment to allow the exchange
between the department of agriculture and the department of revenue of
otherwise confidential tax information pertinent to an income tax credit
claim allowed pursuant to section 2.

• April 29, 2024: House Finance Committee Report
• April 22, 2024: House Agriculture, Water & Natural Resources Committee Report
• April 16, 2024: Senate Appropriations Committee Report
• March 19, 2024: Senate Finance Committee Report
• March 07, 2024: Senate Agriculture & Natural Resources Committee Report

On or before July 1, 2027, section 2 of the bill requires the energy
and carbon management commission (commission) to adopt rules
(permitting rules) to cease issuing new oil and gas permits (permits)
before January 1, 2030, which rules must include certain reductions in the
total number of oil and gas wells covered by new permits issued in 2028
and 2029.
Section 2 also requires the commission to include as a condition
in any permit issued after July 1, 2024, that certain operations must
commence on or before December 31, 2032, as to each oil and gas well
included in the permit.
If the commission determines that mitigation of adverse
environmental impacts is necessary as a result of oil and gas operations,
current law requires the commission to issue an order requiring a
responsible party to perform the mitigation. If the responsible party
refuses to perform the mitigation or is identified after the state provides
funds for the mitigation, the commission must sue the responsible party
to recover the costs of the mitigation. Section 3 changes current law by:
  • Expanding mitigation to include mitigation of adverse
environmental impacts as a result of any activity regulated
by the commission;
  • Adding a prior owner or operator to the definition of
responsible party; and
  • Allowing a current or prior owner or operator to be held
jointly and severally liable for the costs of any mitigation.
Section 4 requires the office of future of work to present
recommendations as a result of the adoption of the permitting rules to the
general assembly in January 2028.

• March 28, 2024: Senate Agriculture & Natural Resources Committee Report

The bill authorizes the reintroduction of the North American
wolverine in the state by the division of parks and wildlife (division). As
long as the North American wolverine remains on the list of threatened
or endangered species pursuant to applicable federal law, the division
shall not reintroduce the North American wolverine in the state until a
final rule designating the North American wolverine in Colorado as a
nonessential experimental population pursuant to applicable federal law
has taken effect.
The bill also creates certain requirements for the reintroduction of
the North American wolverine. The parks and wildlife commission must
adopt rules for the compensation of owners of livestock for losses caused
by the North American wolverine.

• May 01, 2024: House Appropriations Committee Report
• April 22, 2024: House Agriculture, Water & Natural Resources Committee Report
• April 12, 2024: Senate Appropriations Committee Report
• March 21, 2024: Senate Agriculture & Natural Resources Committee Report

Section 2 of the bill allows the owner of a decreed storage water
right to loan water to the Colorado water conservation board (board) for
a stream reach for which the board does not hold a decreed instream flow
water right.
Current law requires the board to establish an agricultural water
protection program for water divisions 1 and 2. Section 3 changes current
law by requiring the board to establish an agricultural water protection
program in each water division.
Current law allows periods of nonuse of a water right to be tolled
in certain circumstances for the purposes of determining whether a water
right is abandoned. Section 4 changes current law by allowing a water
right to be tolled for the duration that an electric utility that owns a water
right in water division 6 decreases use of, or does not use, the water right
if the decrease in use or nonuse occurs during the period beginning
January 1, 2020, and ending December 31, 2050, and if the water right is
owned by the electric utility since January 1, 2019.
Current law requires an owner of a conditional water right to
obtain a finding of reasonable diligence or the conditional water right is
considered abandoned. Section 5 allows the water judge, in considering
a finding of reasonable diligence for a conditional water right that is
owned by an electric utility in water division 6 since January 2019, to
consider the following as supporting evidence:
  • The conditional water right may be used to support a
specific project or potential future generation technologies
or concepts that have the potential to advance progress
toward Colorado's clean energy and greenhouse gas
emission reduction goals; and
  • The electric utility or another entity has made efforts to
investigate or research the viability of future generation
technologies that have the potential to advance progress
toward Colorado's clean energy and greenhouse gas
emission reduction goals.
In determining the amount of historical consumptive use for a
water right, a water judge is prohibited from considering certain specified
uses. Section 6 prohibits the water judge from considering the decrease
in use or nonuse of a water right owned by an electric utility in division
6 since January 1, 2019, which decrease in use or nonuse occurs during
the period beginning January 1, 2019, and ending December 31, 2050, in
determining the amount of historical consumptive use. If the water right
is leased by the electric utility to a third party, the water right is not
entitled to historical consumptive use protection for the period the water
right is subject to the lease.
Current law allows the board to approve certain grants related to
water conservation and requires the board to establish criteria to require
the grant applicant to provide matching funds of at least 25%. Section 7
allows the board to reduce or waive fund matching requirements in the
case of a grant to the Ute Mountain Ute Tribe or the Southern Ute Indian
Tribe.
1

• April 22, 2024: House Agriculture, Water & Natural Resources Committee Report
• April 10, 2024: Senate Agriculture & Natural Resources Committee Report

Section 1 of the bill creates the office of sustainability in the
department of personnel (department). The office of sustainability is
required to work with state agencies and institutions of higher education
to implement environmentally sustainable practices. The powers, duties,
and functions of the office of sustainability include:
  • Providing leadership to and requiring accountability from
state agencies regarding ongoing sustainability initiatives;
  • Developing baseline metrics and goals for reduction of
negative environmental impacts and tracking state agencies'
performance in achieving the goals;
  • Tracking the amount of money the state saves as a result of
implementing sustainable practices;
  • Seeking and applying for federal funding and other grant
opportunities that would support sustainable practices
within state agencies;
  • Assisting state agencies in implementing sustainable
procurement methods and introducing options for
environmentally preferable products or services to state
agencies;
  • Assisting state agencies in installing energy-efficient
equipment and fixtures;
  • Assisting state agencies in meeting building performance
standards such as those administered by the Colorado
energy office;
  • Coordinating and assisting in planning and constructing
state agencies' electric vehicle charging infrastructure and
ensuring utilization of such infrastructure;
  • Instituting water reduction initiatives, including but not
limited to the installation of water-conserving fixtures and
plants on state property;
  • Assisting state agencies in transitioning from gas-powered
to electric equipment;
  • Implementing statewide waste diversion practices to
increase state agencies' recycling rates;
  • Developing commuting opportunities for state employees
that reduce greenhouse gas emissions and other pollution;
  • Assisting state agencies in developing training programs to
educate state employees on sustainable practices; and
  • Conducting other activities as directed by the general
assembly or the governor.
The bill creates the state agency sustainability revolving fund
(revolving fund) and directs the state treasurer to transfer $540,230 from
the general fund to the revolving fund. The bill specifies that the office
of sustainability may use the money in the revolving fund for the purposes
of operating the office and replacing the state's gas- and diesel-powered
equipment located in ozone nonattainment areas as designated by the U.S.
environmental protection agency.
In addition, the bill requires the office of sustainability to review
and coordinate state agencies' applications for elective pay funding
available under the federal Inflation Reduction Act of 2022 (act), and
to work with the office of the state controller to coordinate central
submissions of elective pay applications by advising and assisting state
agencies in submitting and centrally filing those applications and by
providing technical assistance to state agencies on elective pay.
The bill also creates the inflation reduction act elective pay cash
fund (cash fund), which consists of money received by the department
pursuant to the elective pay provisions of the act, all of which must be
deposited into the cash fund to be used for the purposes of the office.
Section 2 specifies that the office of sustainability is a type 2 entity
under the administrative organization act.
Section 3 makes several clarifications regarding the geothermal
energy grant program (grant program), including specifying that:
  • The grant program applies to both heating-only and
combined heating and cooling systems;
  • At least 25% of the grant money must be awarded to
eligible entities from or projects in low-income,
disproportionately impacted, or just transition communities;
and
  • The Colorado energy office may utilize grant program
money to support education, outreach, and engagement
with the general public and relevant stakeholders to
facilitate the growth of the geothermal sector and
awareness of relevant state programs in Colorado.
Section 4 extends the deadline for the energy code board to
develop a model low energy and carbon code and specifies that the model
low energy and carbon code can include appendices and resources to the
international energy conservation code.
Section 5 decreases the amount of money the Colorado energy
office can issue in grants to local governments to support their adoption
and enforcement of the 2021 international energy conservation code, an
electric ready and solar ready code, and a low energy and carbon code by
$125,000 and increases the amount the treasurer is required to transfer
into the energy fund to $275,000.
Section 6 clarifies that, for purposes of the industrial clean energy
tax credit, an industrial study includes a pre-front-end or front-end
engineering design study that meets or exceeds the standards established
by the Colorado energy office or any other industrial studies as outlined
in program standards, and that an owner includes a project developer.
Section 6 also increases the amount of the credit that can be claimed to
$8 million, and specifies that an owner that claims the industrial clean
energy tax credit cannot, for the same greenhouse gas emission reduction
improvements, claim the enterprise zone investment tax credit or receive
grant money under the industrial and manufacturing operations clean air
grant program.
Section 7 clarifies several definitions related to the tax credit for
expenditures made in connection with a geothermal energy project and
adds several definitions. Section 7 also adds tribal governments as
eligible taxpayers pursuant to the tax credit.
Section 8 adds tribal governments as qualified entities pursuant to
the geothermal electricity generation production tax credit, and requires
the Colorado energy office to annually review and evaluate the
effectiveness of the tax credit.
Section 9 clarifies the definition of air-source heat pump system
pursuant to the heat pump technology and thermal energy network tax
credit and allows the Colorado energy office to review and modify more
credit amounts and create certificate maximums related to the heat pump
technology and thermal energy network tax credit.
Section 10 clarifies that certain provisions related to the clean
hydrogen tax credit are subject to rules adopted by the public utilities
commission.
Section 11 advances the deadline by which the treasurer must
repay all administrative costs to the industrial and manufacturing
operations clean air grant program cash fund, the geothermal energy grant
fund, the community access to electric bicycles cash fund, and the
electrifying school buses grant program cash fund to June 30, 2024.

• May 06, 2024: House Appropriations Committee Report
• May 04, 2024: House State, Civic, Military, & Veterans Affairs Committee Report
• May 02, 2024: Senate Appropriations Committee Report
• April 24, 2024: Senate Transportation & Energy Committee Report

Section 2 of the bill requires the division of administration
(division) in the department of public health and environment
(department) to propose rules to the air quality control commission
(commission) to reduce certain emissions of oxides of nitrogen (NOx)
generated by upstream oil and gas operations in certain areas of the state
by 50% by 2030 relative to 2017 NOx emission levels.
Section 3 requires the division to prepare an annual air quality
enforcement benchmark report to summarize the division's statewide
enforcement actions, including civil penalties assessed.
Under current law, the division or commission, in an enforcement
action, cannot obtain a temporary restraining order or preliminary
injunction if there is probable cause that the temporary restraining order
or preliminary injunction would cause serious harm to the person affected
by the temporary restraining order or preliminary injunction or another
person or if the source to which the enforcement action pertains has
obtained a renewable operating permit and continues operations in
compliance with that permit. Section 4 repeals those limitations on
temporary restraining orders and preliminary injunctions. Section 4 also
authorizes a district attorney or the attorney general to seek injunctive
relief to reduce the potential for a recurrence of a violation.
Sections 5 and 6 clarify that the division has authority to impose
civil penalties for violations of requirements related to toxic air
contaminants, fenceline and community-based monitoring, and, if enacted
in House Bill 24-1338, petroleum refinery emissions monitoring.
Section 8 authorizes the director of the energy and carbon
management commission (ECMC) to hire at least 2 community liaisons
to serve as dedicated resources for disproportionately impacted
communities, and section 12 authorizes funding of the community liaison
positions from the energy and carbon management cash fund.
Under current law, an oil and gas operator (operator) is required
to obtain a permit from the ECMC to commence oil and gas drilling
operations. Section 9 requires the operator to also obtain from the ECMC
a license to conduct oil and gas operations. Section 9 also requires
operators to take actions in accordance with ECMC rules to reduce
certain emissions of NOx generated from oil and gas production and
preproduction operations. The ECMC is also required, in consultation
with the department, to adopt rules to require enhanced systems and
practices to avoid, minimize, and mitigate emissions of ozone precursors
from oil and gas operations at newly permitted oil and gas locations in
certain parts of the state.
Section 10 limits a court's authority to postpone the effective date
of an ECMC order suspending or revoking an operator's license to
conduct oil and gas operations or a certificate of clearance, requiring the
court to first consider various factors, including whether the moving party
would face real, immediate, and irreparable injury if the effective date is
not postponed and the effect that such postponement would have on the
public interest.
Section 11 expands the ECMC's enforcement authority to include
revoking an operator's license to conduct oil and gas operations and
expands the types of violations that are subject to suspension of all of the
operator's permits and certificates of clearance and the operator's license
to conduct oil and gas operations to include violations resulting in a
penalty of $1,000,000 or more, violations that cause a major adverse
impact, as defined by the ECMC by rule, and violations that cause death
or serious bodily injury.
Section 13 expands the scope of the orphaned wells mitigation
enterprise to help finance the plugging, reclamation, and remediation of
marginal wells that are at the highest risk of becoming orphaned.

• May 05, 2024: House Appropriations Committee Report
• May 04, 2024: House Finance Committee Report
• May 03, 2024: Senate Appropriations Committee Report
• May 02, 2024: Senate Finance Committee Report

The bill requires the clean transit enterprise (enterprise) to impose
a production fee for clean transit (production fee for clean transit) to be
paid quarterly by every producer of oil and gas in the state (producer).
The production fee for clean transit applies to all oil and gas produced by
the producer in the state on and after July 1, 2025.
No later than one week after October 1, 2025, and no later than
one week after the first day of each calendar quarter thereafter, the energy
and carbon management commission (commission) must calculate the
average Henry Hub natural gas spot price reported by the United States
energy information administration (average gas spot price) and average
west Texas intermediate spot price reported by the United States energy
information administration (average oil spot price) for the previous
quarter and publish the average gas spot price and average oil spot price
on the commission's website.
No later than one month after the commission publishes the
average gas spot price and average oil spot price on the commission's
website, the enterprise must set the production fee amounts for the
previous calendar quarter, which are determined by the enterprise based
on the average gas spot price and average oil spot price calculated by the
commission; notify the executive director of the department of revenue
(executive director) of the production fee amounts set; and publish the
production fee amounts on the enterprise's website. Prior to adopting the
production fee amounts, the enterprise must consult with the commission
on the production fee amounts.
On or before the last day of the second month following the
previous calendar quarter, every producer must file a return and pay the
production fee for clean transit for the previous calendar quarter to the
department of revenue in accordance with applicable department of
revenue procedures. The state treasurer must first credit the costs to the
department of revenue for administering the production fees for clean
transit and then credit the remaining production fees for clean transit in
the following manner:
  • 70% to the local transit operations cash fund to be used for
expanding local transit service and prioritizing transit
improvements in certain communities;
  • 10% to the local transit grant program cash fund to be used
for providing competitive grants to certain eligible entities
for expenses associated with providing public
transportation; and
  • 20% to the rail funding program cash fund to be used for
passenger rail projects and service.
No later than March 1, 2030, and every fifth March 1 thereafter,
the enterprise must complete an analysis of the production fee amounts
and post the analysis on the enterprise's website.
The bill also requires the regional transportation district to
prioritize completion of the northwest rail line to Longmont and the north
lines of the transportation expansion plan adopted by the regional
transportation board (plan). On or before July 1, 2025, the regional
transportation district is also required to submit a report to the governor
and the general assembly that demonstrates how the regional
transportation district will fulfill certain commitments made in the plan.
The bill also requires the division of parks and wildlife (division)
to impose a production fee for wildlife and land remediation (production
fee for wildlife and land remediation) to be paid quarterly by every
producer of oil and gas in the state (producer). The production fee for
wildlife and land remediation applies to all oil and gas produced by the
producer in the state on and after July 1, 2025.
No later than one month after the commission publishes the
average gas spot price and average oil spot price on the commission's
website, the division must set the production fee amounts for the previous
calendar quarter, which are determined by the division based on the
average gas spot price and average oil spot price calculated by the
commission; notify the executive director of the production fee amounts
set; and publish the production fee amounts on the division's website.
Prior to adopting the production fee amounts, the division must consult
with the commission on the production fee amounts.
On or before the last day of the second month following the
previous calendar quarter, every producer must file a return and pay the
production fee for wildlife and land remediation for the previous calendar
quarter to the department of revenue in accordance with applicable
department of revenue administrative procedures. The state treasurer must
credit the production fees for wildlife and land remediation in the
following manner:
  • First, the costs to the department of revenue for
administering the production fees for wildlife and land
remediation are credited to the department of revenue; and
  • Second, the remaining amount of production fees for
wildlife and land remediation are credited to the climate
resilient wildlife and land cash fund to be used for certain
wildlife and land remediation purposes.
No later than March 1, 2030, and every fifth March 1 thereafter,
the division must complete an analysis of the production fee amounts and
post the analysis on the division's website.
Along with publishing the average gas spot price and average oil
spot price on the commission's website, the commission is required to
routinely provide written guidance to the enterprise and the division on
factors relevant to the production fee amounts for the production fee for
clean transit and the production fee for wildlife and land remediation.
The bill also establishes:
  • Certain department of revenue administrative procedures,
including certain registration and return filing
requirements, for the collection of the production fees for
clean transit and the production fees for wildlife and land
remediation;
  • A petty offense and civil penalty for a producer's failure to
register with the department of revenue; and
  • The accrual of interest and penalties for a producer's failure
to pay or correctly account for any production fees for
wildlife and land remediation or production fees for clean
transit or to keep complete and accurate records.
If a constitutional amendment is adopted at the 2024 statewide
general election that requires voter approval of fees assessed for the
purpose of funding mass transportation, the bill creates certain definitions
that apply to the constitutional amendment.

• May 05, 2024: House Appropriations Committee Report
• May 04, 2024: House Finance Committee Report
• May 03, 2024: Senate Appropriations Committee Report
• May 02, 2024: Senate Finance Committee Report