Bill Tracker

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

Concerning the replacement of the income tax deduction for amounts spent by an employer to provide alternative transportation options to employees with an income tax credit for amounts spent by an employer for that purpose, and, in connection therewith, making an appropriation.

Legislative Oversight Committee Concerning Tax Policy. The
bill replaces an existing income tax deduction for expenses incurred by

employers when providing alternative transportation options to employees
with a refundable income tax credit of 50% of such expenses for such
employers. The credit is allowed for income tax years beginning on or
after January 1, 2023, but before January 1, 2033.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

Sales and Use Tax Simplification Task Force. State sales tax is
currently calculated based on the buyer's address when the taxable
product or service is delivered to a consumer, and this is known as
destination sourcing. There is an exception that allows small retailers with
less than $100,000 of retail sales to source their sales to the business'
location regardless of where a purchaser receives the tangible personal

property or service, but this exception expires on February 1, 2022. The
bill extends the repeal of the exception from February 1, 2022, until
October 1, 2022.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

Sales and Use Tax Simplification Task Force. For some, but not
all, exemptions from state and state-collected local sales and use taxes, a
person who wishes to establish the right to obtain an exemption is either
explicitly required by state law or required by the department of revenue
(department) as it administers and enforces state law to complete a form

created by the department, which, depending on which exemption is
sought, may be described as an affidavit, application, certificate,
certification, declaration, or statement. The bill requires the department
to examine its forms and requirements relating to their use and, to the
extent feasible without impairing the proper administration of the
exemptions, simplify the forms and related requirements for persons
making tax-exempt purchases. Exceptions to existing statutory
requirements relating to the forms are made for any simplifications made
by the department.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Concerning the use of blockchain technology in commerce, and, in connection therewith, making an appropriation.

In 2019, the general assembly enacted House Bill 19-1247, which
created an advisory group to study the use and benefits of blockchain
technology in agriculture. The group issued a report that included the
following recommendations:
  • That the legislature authorize the design, development, and
deployment of an online program for agricultural producers
to learn about the use and benefits of implementing new
digital, data-driven systems to facilitate trade in agricultural

products; and
  • That the legislature amend the Colorado Uniform
Commercial Code (UCC) to protect ownership and control
of digital information assets generated by agricultural
producers in a manner similar to the changes adopted by
Wyoming.
To implement the recommendations:
  • Section 1 of the bill instructs the commissioner of
agriculture (commissioner) to create and deploy an online
program that educates agricultural producers about
blockchain technology. The commissioner will consult and
cooperate with stakeholders to develop the online program,
publicize the program, and encourage agricultural
producers to participate in the program.
  • Section 2:
  • Classifies the various types of digital assets as the
appropriate type of property, security, or asset under
the UCC;
  • Classifies a bank providing custodial services of a
digital asset as a securities intermediary;
  • Establishes that control of a digital asset is the
functional equivalent of possessing a physical asset
for the purposes of perfecting a security interest in
the digital asset;
  • Requires an agreement for a secured party to take
control of a digital asset;
  • Clarifies that a secured party may file with the
secretary of state a financing statement to perfect a
security interest in proceeds from a digital asset;
  • Provides that a transferee takes a digital asset free of
any security interest 2 years after the transferee
takes the asset for value if the transferee does not
have actual notice of an adverse claim; and
  • Clarifies issues of court jurisdiction over digital
assets.

Water: Jeff Echter, Glenda Mostek

Section 1 of the bill allows a board of directors of an irrigation
district (board) to borrow money, which the irrigation district may use to
make loans to landowners to be used to make improvements to private
water delivery systems or for other types of projects that improve:
  • Water conservation or efficiencies on landowner property;
or

  • Landowner delivery or drainage systems.
An obligation or contract to borrow such money is exempt from
the existing requirement that a contract purporting to bind the district to
pay any sum in excess of $500,000 must be ratified by a majority of all
the votes cast at a general or special election. Additionally, the district
cannot assess landowners to raise money to fund the loans.
A board may adopt rules concerning the issuance of loans to
landowners.
Section 2 requires each irrigation district to include in its annual
appropriation resolution all amounts payable by landowners to the
irrigation district in accordance with loans issued to the landowners and
indicate the amount payable by each tract within the irrigation district for
which a landowner has received a loan.
Section 3 requires a county assessor, in assessing land within an
irrigation district, to:
  • Apply the information provided in the irrigation district's
annual appropriation resolution concerning loans issued to
landowners; and
  • Assess the additional amount payable for each tract for
which the landowner has received a loan.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires the director of the division of professions and
occupations (director) in the department of regulatory agencies (division)
to complete an audit of the regulated professions and occupations and the
regulation of various professions and occupations by regulators of a
specific profession or occupation (regulator) to determine what barriers

exist for licensing, certification, and registration of individuals with
criminal history records and report the findings to the general assembly.
The bill limits the authority of a regulator to deny a license,
certification, or registration based on an applicant's criminal history
record to circumstances when the regulator determines that the applicant's
criminal history record jeopardizes the applicant's ability to competently,
safely, and honestly practice the regulated profession or occupation as
authorized under the applicable practice act or issuance of the credential
would not serve public safety or commercial or consumer protection
interests. A regulator is required to specify the reasons for any denial
based on a criminal history record.
The bill allows a regulator to grant a conditional license,
certification, or registration to an applicant if the regulator determines that
the applicant will have appropriate oversight provided by the applicant's
employer.
Upon request of an individual with a criminal history record, the
bill requires a regulator to issue a pre-determination letter to the
individual advising the individual if the criminal history may prevent the
individual from receiving a license, certification, or registration to
practice an occupation or profession. A regulator may charge a reasonable
fee for the pre-determination letter.
The director is required to compile de-identified information
regarding the reasons why a license, certification, or registration was
denied and make this information available to the public on the division's
website.
The bill requires state and local agencies responsible for issuing
occupational or professional credentials (occupational agency), before
making a final determination that an applicant's criminal conviction
disqualifies the applicant from receiving a license, certification, permit,
or registration, to provide a written notice to the applicant specifying the
reason for the disqualification and the right of the applicant to submit
additional evidence for the occupational agency to consider before
making a final determination. A final determination to disqualify an
applicant based on a criminal conviction must be issued in writing and
include notice of the applicant's right to appeal the determination and the
earliest date on which the applicant may reapply.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill prohibits an employer from taking adverse action against
an employee or an applicant for employment based on the employee's or
applicant's COVID-19 immunization status. The bill allows an aggrieved
employee or applicant for employment to file a civil action for injunctive,
affirmative, and equitable relief and, if the employer acted with malice or
wanton or willful misconduct or has repeatedly violated the law, the court

may also award punitive damages and attorney fees and costs.
Additionally, the bill specifies that the COVID-19 vaccine is not
mandatory, that the state cannot require any individual to obtain a
COVID-19 vaccine, and that government agencies and private businesses,
including health insurers, cannot discriminate against clients, patrons, or
customers based on their COVID-19 vaccination status. A person
aggrieved by a violation of these prohibitions may file a civil action for
injunctive and other appropriate relief and may be awarded punitive
damages and attorney fees and costs for wanton, willful, or repeated
violations.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Current law requires an injured employee or someone else with
knowledge of the injury to notify the employer within 4 days after the
occurrence of an on-the-job injury, authorizes a reduction in
compensation to the injured employee for failure to timely notify the
employer, and tolls the 4-day period if the employer has failed to post a
notice specifying the injured employee's notification deadline. The bill

changes the 4-day notice period to a 14-day notice period and repeals the
tolling and compensation reduction provisions.
The bill also changes the notice that an employer is required to
post in the workplace to require that the notice state the name and contact
information of the insurer and that the:
  • Employer is responsible for payment of workers'
compensation insurance;
  • Injured employee has rights under the law if the employer
fails to carry workers' compensation insurance;
  • Employee should seek medical attention; and
  • Injury must be reported in writing to the employer.
With regard to occupational diseases, the bill also:
  • Repeals the requirement that an employee notify the
employer of an occupational disease within 30 days of
contraction of the disease and instead requires an employee
to notify the employer upon manifestation of the disease;
  • Repeals the provision that states that an employer is
deemed to waive a failure to give notice of an occupational
disease or death resulting from the disease unless the
employer objects at a hearing on the claim prior to any
award or decision; and
  • Repeals the provision that allows the director of the
division of workers' compensation to reduce the
compensation to be paid if the required notice is not made
in a timely manner.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

Concerning limitations on purchasers' claims for sales and use tax refunds.

The bill requires the executive director of the department of
revenue (executive director) to issue a voucher to the controller in favor
of a purchaser who makes a valid and complete claim for a sales and use
tax overpayment refund on or after July 1, 2022. The voucher must be for
the amount of the refund of the sales or use tax overpayment without
interest.

If a purchaser makes a frivolous claim for a sales and use tax
refund, the bill requires the executive director to assess and collect, in
addition to other penalties provided by law, a civil penalty equal to 10%
of the total refund claimed. If the frivolous claim is prepared, in whole or
in part, by a person other than the purchaser, the executive director can
impose the penalty on that other person. In certain cases, the executive
director may waive this penalty.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Concerning civil liability for presenting false claims for payment to the state, and, in connection therewith, making an appropriation.

The bill establishes the Colorado False Claims Act (the act).
Pursuant to the act, a person is liable to the state or a political subdivision
of the state for a civil penalty if the person commits, conspires to commit,
or aids and abets the commission of any of the following (collectively,
false claims):
  • Knowingly presenting, or causing to be presented, a false

or fraudulent claim for payment or approval;
  • Knowingly making, using, or causing to be made or used
a false record or statement material to a false or fraudulent
claim;
  • Having possession, custody, or control of property or
money used, or to be used, by the state or political
subdivision and knowingly delivering, or causing to be
delivered, less than all of the money or property;
  • Authorizing the making or delivery of a document
certifying receipt of property used, or to be used, by the
state or political subdivision and, with the intent to defraud
the state or political subdivision, making or delivering the
receipt without completely knowing that the information on
the receipt is true;
  • Knowingly buying, or receiving as a pledge of an
obligation or debt, public property from an officer or
employee of the state or political subdivision who lawfully
may not sell or pledge the property; or
  • Knowingly making, using, or causing to be made or used
a false record or statement material to an obligation to pay
or transmit money or property to the state or political
subdivision, or knowingly concealing or knowingly and
improperly avoiding or decreasing an obligation to pay or
transmit money or property to the state or political
subdivision.
A person who makes a false claim is liable to the state or a
political subdivision for the same amount provided in the federal False
Claims Act, as adjusted for inflation, plus 3 times the amount of the
damages sustained by the state or political subdivision, and the costs
incurred for the investigation and prosecution of the false claim.
The bill requires the attorney general or a local prosecutor to
investigate false claims. The attorney general, prosecuting authority of a
political subdivision, or a private individual (relator) may bring a civil
action against a person who made a false claim. The bill permits the
attorney general or prosecuting authority of a political subdivision to
intervene in an action brought by a relator. A relator may be awarded up
to 30% of the proceeds from a false claims action based on the extent the
relator contributed to the investigation and prosecution of the false claim.
If the relator is an employee of the state or political subdivision and learns
information about the false claim in the course of the relator's work, the
court will award that amount to the relator's employer.
The bill authorizes the state auditor to share information about
potential false claims with the attorney general and a political subdivision.
A court cannot hear a false claim action:
  • Brought against a serving member of the general assembly,
a member of the state judiciary, or an elected official in the
executive branch of the state of Colorado acting in the
member's or official's official capacity; or
  • Based on the same allegations or transactions that are the
subject of a different civil or administrative proceeding.
The bill prohibits retaliatory action against an individual because
of the individual's efforts in furtherance of investigating, prosecuting, or
stopping false claims. A court hearing a false claims action may hear a
claim for retaliation against the individual.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

In 2020, the general assembly enacted, and the governor
subsequently signed into law, Senate Bill 20-205 (SB20-205), which
required that employers offer sick leave to their employees. SB20-205

included an exception for employers with fewer than 16 employees, but
the exception repealed January 1, 2022. The bill recreates this exception
to apply in perpetuity.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

The bill requires the state treasurer to transfer money from the
general fund to the family and medical leave insurance fund for use by the
division of family and medical leave insurance (division) created under
the Paid Family and Medical Leave Insurance Act (act). The money is
an advance payment of premiums for state employee coverage that the
state is required to pay under the family and medical leave insurance
program established by the act. The bill directs the division to credit the
transferred money to state employer accounts and to annually continue to
credit money to the state employer accounts until such accounts have a
zero dollar balance and begin owing quarterly premiums as set forth in
the act. The bill also requires the executive director of the department of
labor and employment to submit a report concerning the state employer
accounts to several state departments and agencies.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

For income tax years beginning on or after January 1, 2023, but
before January 1, 2030, the bill creates an income tax credit (tax credit)
for any employer that:

  • Creates a clean commuting plan to implement strategies to
increase the use of alternative transportation options and
reduce the number of measurable vehicle miles driven by
its employees in single-occupancy vehicles when
commuting to and from their work site (clean commuting
plan) for the purpose of reducing automobile-related air
pollution, traffic congestion, and transportation costs,
particularly for essential workers and workers earning
under $40,000 per year;
  • Conducts an employer commuter survey to determine how
its employees commute to and from their work site; and
  • Offers 2 or more alternative transportation options to some
or all of its employees in furtherance of the employer's
clean commuting plan.
The amount of the tax credit is 50% of the amount spent by the
employer to provide alternative transportation options to some or all of its
employees.
In addition, the bill requires the executive director of the
department of transportation (director), in coordination with the Colorado
energy office and metropolitan planning organizations, to create an
annual commuter survey for employers to use to determine how their
employees commute to and from their work site. The director and the
Colorado energy office are required to determine the content of the
commuter survey and the form and manner in which the commuter survey
will be completed and returned to the department of transportation.
Beginning in specified calendar years, in an effort to reduce the
number of employees who commute to and from their work site in a
single-occupancy vehicle, employers with over 100 employees are
required to:
  • Annually conduct a commuter survey of its employees and
submit the completed commuter surveys to the department
of transportation by April 30 of the year in which the
survey was conducted;
  • Offer its employees qualified transportation fringe benefits
allowed pursuant to federal law;
  • Offer its employees commuter choice information in
electronic or hard copy format and update the information
every 6 months; and
  • Offer a cash allowance in lieu of a parking space under
certain circumstances.
The bill requires that any private sector employer that wishes to
claim the tax credit participate in the employer commuter survey and
submit the results of the survey to the department by April 30 of the year
in which the survey is conducted, even if the employer's participation in
the commuter survey is not otherwise required.
For the 2023-24 state fiscal year, and for each state fiscal year
thereafter through the 2029-30 state fiscal year, of the money allocated to
the transportation commission for state multimodal projects from the
multimodal transportation and mitigation options fund, the transportation
commission is required to allocate $250,000 to each of the transportation
management associations and transportation management organizations
operating in a nonattainment area for the purposes of assisting employers
in creating a clean commuting plan and complying with the requirements
of the bill.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires that, to file a nuisance suit against an agricultural
operation, a plaintiff must occupy land that is within 2,640 feet of the
operation. Punitive damages are not allowed unless the agricultural
operation has violated certain environmental laws against pollution, the
nuisance arises from the violation, and the action is brought within one
year after the operation is held to have committed the violation.

Under current law, the prevailing party may be awarded court costs
and attorney fees in a nuisance action against an agricultural operation.
The bill changes this to award court costs and attorney fees only to a
prevailing agricultural operation.
The bill also requires the state of Colorado, a county, a
municipality, or a city and county to pay the owner or operator of an
agricultural operation reasonable compensation, as determined by a court,
for the loss of agricultural use if:
  • The government brings a nuisance action against the
agricultural operation that results in the court enjoining the
agricultural operation from continuing agricultural
production on the land; and
  • The agricultural operation has been using the land for
agricultural production for 10 years or longer.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires an employer, as a condition of employment, or a
state agency that imposes a COVID-19 vaccine or testing requirement to
allow a person subject to the requirement to instead provide

documentation demonstrating that the person has naturally acquired
immunity to the disease.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Concerning measures to incentivize water-wise landscapes, and, in connection therewith, creating a state program to finance the voluntary replacement of irrigated turf and making an appropriation.

The bill requires the Colorado water conservation board (board)
to develop a statewide program to provide financial incentives for the
voluntary replacement of irrigated turf with water-wise landscaping (turf

replacement program). The bill defines water-wise landscaping as a
water- and plant-management practice that emphasizes using plants with
lower water needs. Local governments, certain districts, Native American
tribes, and nonprofit organizations with their own turf replacement
programs may apply to the board for money to help finance their turf
replacement programs. The board will contract with one or more third
parties to administer one or more turf replacement programs in areas
where local turf replacement programs do not exist.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill prohibits an employer from taking adverse action against
an employee, including an applicant for employment, who engages in the
use of:
  • Medical marijuana on the premises of the employer during
working hours; or

  • Retail or medical marijuana off the premises of the
employer during nonworking hours.
An employer is permitted to impose restrictions on employee use
of medical or retail marijuana under specified circumstances.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires an employer that imposes a COVID-19 vaccine
requirement to grant an employee an exemption if the employee submits
a written request stating that compliance with the requirement would
endanger the employee's or household member's health and well-being or
would violate or conflict with the employee's sincerely held religious

beliefs. If an employer terminates an employee for failing to comply with
the employer's COVID-19 vaccine requirement, the terminated employee
is not disqualified from eligibility for unemployment benefits.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill directs the commissioner of education (commissioner) to
convene the early college policy development task force (task force) to
design and recommend policies and changes to law to support the
statewide development of and funding for early college programs and
p-tech schools. The bill specifies the membership of the task force, to be
selected by the commissioner, and the specific duties of the task force.

The task force must prepare an interim report and a final report of its
findings and recommendations, and submit the reports by December 1,
2022, and December 1, 2023, respectively, to the governor, the education
leadership council, the state board of education, the Colorado commission
on higher education, and the education committees of the general
assembly. The bill creates a legislative advisory council to provide advice
and comment to the task force.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Colorado Commission on Uniform State Laws. The bill enacts
the Uniform Restrictive Employment Agreement Act as drafted by the
Uniform Law Commission, which regulates agreements between an
employer and a worker or employee that prohibit or limit the worker or
employee from working after the work relationship with the employer

ends.
The bill:
  • Regulates all restrictive post-employment agreements,
including noncompete agreements, confidentiality
agreements, no-business agreements, nonsolicitation
a g r e e m e n t s , n o - r e c r u i t a g r e e m e n t s ,
payment-for-competition agreements, and training
reimbursements agreements;
  • Prohibits noncompete agreements and all other restrictive
agreements, except confidentiality agreements and
training-reimbursement agreements, for low-wage workers,
defined as those making less than the state's annual mean
wage;
  • Requires advance notice and other procedural requirements
for an enforceable noncompete agreement or other
restrictive agreement; and
  • Creates penalties and enforcement by the state as well as
private rights of action.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires the Colorado energy office (office), in
collaboration with the department of local affairs (department) and the
Colorado resiliency office (resiliency office), to develop a grid resilience
and reliability roadmap (roadmap) for improving the resilience and
reliability of electric grids in the state (grid), which roadmap must include
guidance on how microgrids may be used to harden the grid, improve grid

resilience and reliability, and help serve communities' electricity needs
independent of the grid. In developing the roadmap, the office,
department, and resiliency office are required to engage interested
persons throughout the state in stakeholder meetings and consider
stakeholder input. The roadmap may identify:
  • The potential benefits of developing microgrids, including
whether and how developing microgrids improves grid
resilience and reliability;
  • The critical facilities and infrastructure and the high-risk
communities that should be prioritized for microgrid
projects (projects);
  • Existing and potential threats to grid resilience and
reliability and how microgrids may help to overcome the
threats; and
  • Recommendations regarding potential legislative or
administrative changes needed to help facilitate projects,
including needed statutory or rule changes, metrics for
evaluating the costs and benefits of microgrids, financial
and technical support for microgrid deployment, and
education and outreach programs.
The office and department are required to post the roadmap on
their websites. The office is also required to submit a copy of the roadmap
to the public utilities commission (commission), and, on or before March
1, 2025, in collaboration with the department, present the roadmap to the
legislative committees of reference with jurisdiction over energy matters.
On a periodic basis at least every 5 years, the office, department, and
resiliency office are required to review the roadmap and, if necessary,
update it. If the roadmap is updated, it must be posted on the office's and
department's websites and submitted to the commission and the legislative
committees of reference with jurisdiction over energy matters.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

A controlled environment agricultural facility (CEA facility) is
a structure of not less than 1,000 square feet and related equipment and
appurtenances that combines engineering, horticultural science, and
computer management techniques to optimize hydroponic plant growing,
plant quality, and food production efficiency from the land's water for
human or livestock consumption. The primary purpose of growing crops

in a CEA facility is to obtain a monetary profit from the wholesale of
plant-based food for human or animal consumption.
Commencing January 1, 2023, for property tax purposes:
  • The definition of agricultural and livestock products
includes crops grown within a CEA facility for human or
livestock consumption. Agricultural and livestock
products does not include marijuana and hemp, or any
other nonfood agricultural products.
  • The definition of agricultural equipment includes any
personal property used in connection with the operation of
a CEA facility for planting, growing, and harvesting crops;
  • The definition of agricultural land includes any land
underlying or integral to the operation of a CEA facility;
  • All other agricultural property does not include a CEA
facility that has been in production for at least 2 years; and
  • Agricultural equipment that is used in any CEA facility is
exempt from the levy and collection of property tax.
Under the bill, a CEA facility is valued for assessment purposes
based on the net operating income derived from the production and sale
of the crops grown within the facility and capitalized at the same rate as
irrigated agricultural land. The value so determined must be reduced by
25% to determine the actual value of the CEA facility for property tax
purposes.
If the primary use of the CEA facility is not the growing of crops
for human or livestock consumption, then the property is classified and
valued for assessment purposes as other agricultural property.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

The bill reduces the premium paid by employers for the state's paid
family and medical leave program, starting January 1, 2023, through June
30, 2023, from nine-tenths of 1% of wages per employee to eighty-one

hundredths of 1% of wages per employee.
The bill requires the state treasurer to transfer $57.5 million from
the general fund to the family and medical leave insurance fund.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill creates the Colorado agricultural workforce services
program (program) in the department of agriculture (department) and
requires the department to create and maintain an online resource portal

for agricultural employees and employers.
The bill also creates the Colorado agricultural workplace
improvement grant program (grant program) and requires the department
to administer the grant program and, subject to available appropriations,
award grants. The department may determine minimum eligibility
requirements for grant recipients; however, the department may award
grants only:
  • To entities that provide services to Colorado agricultural
employers or agricultural employees; and
  • For the purpose of facilitating labor law compliance,
improving workplaces, and providing education to
agricultural employees to help them understand their legal
rights.
On or before January 1, 2023, and on or before January 1 each year
thereafter, the department shall submit to the agriculture, livestock, and
water committee of the house of representatives and the agriculture and
natural resources committee of the senate a report concerning the
operations of the program, including the grant program.
For the 2022-23 state fiscal year, the general assembly must
appropriate $500,000 from the general fund to the department to
implement the program, including the grant program. Any unused money
does not revert to the general fund but is continuously appropriated to the
department.
The grant program is repealed, effective January 1, 2026.

The bill appropriates the following amounts from the Colorado
water conservation board (CWCB) construction fund to the CWCB or the
division of water resources in the department of natural resources for the
following projects:
  • Continuation of the satellite monitoring system, $380,000

(section 1);
  • Continuation of the Colorado floodplain map
modernization program, $500,000 (section 2);
  • Continuation of the weather modification permitting
program, $350,000 (section 3);
  • Continuation of technical assistance for federal cost-share
programs, $300,000 (section 4);
  • Continuation of the Arkansas river decision support
system, $500,000 (section 6);
  • Continuation of the Colorado Mesonet project, $150,000
(section 7);
  • Continuation of the water forecasting partnership project,
$450,000 (section 8);
  • Support of modeling and data analyses for the upper
Colorado river commission's interstate planning and
negotiation efforts, $200,000 (section 9);
  • Performance of comprehensive dam safety evaluations for
the reservoir enlargement assessment project, $250,000
(section 11);
  • Support of the Platte river recovery implementation
program, $3,800,000 (section 12); and
  • Support of Republican river matters related to meeting
compact compliance obligations, $2,000,000 (section 13).
The bill appropriates $8,200,000 from the water plan
implementation cash fund to the CWCB for grant-making for projects that
assist in implementing the state water plan (section 15).
The bill directs the state treasurer to transfer the following
amounts on July 1, 2022:
  • Up to $2,000,000 from the CWCB construction fund to the
litigation fund (section 5); and
  • $1,000,000 from the CWCB construction fund to the water
plan implementation cash fund (section 10).
Section 14 authorizes the CWCB to make loans of up to
$13,130,000 from the CWCB construction fund to the town of
Breckenridge to rehabilitate the Goose Pasture Tarn dam.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Concerning restrictive employment agreements.

The bill declares that a restrictive employment agreement or
covenant not to compete that restricts the right of any person to receive
compensation for performance of labor for any employer is void, with
certain exceptions.
Additionally, if the employer provides proper notice of the
restrictive employment agreement or covenant not to compete to the
employee or prospective employee, the following agreements or
covenants are not prohibited:

  • A provision providing for recovery of the expense of
educating and training an employee who has served an
employer for a period of less than 2 years, unless the
education and training was primarily for the benefit or
convenience of the employer;
  • A reasonable confidentiality provision relevant to the
employer's business that does not prohibit disclosure of
information that arises from the employee's general
training, knowledge, skill, or experience, whether gained
on the job or otherwise, or information that is readily
ascertainable to the public; and
  • Agreements or covenants with a person earning annual
cash compensation greater than the threshold amount for
highly compensated employees.
The bill limits choice of law and choice of venue provisions in
restrictive employment agreements and covenants not to compete.
The bill prohibits an employer from entering into, presenting to an
employee or prospective employee as a term of employment, or
attempting to enforce any restrictive employment agreement or covenant
not to compete that is void under the bill. An employer who violates this
provision is subject to a penalty of $5,000 for each employee or
prospective employee, injunctive relief, and actual damages.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Concerning updates to the Colorado state forest service seedling tree nursery, and, in connection therewith, making an appropriation.

The bill requires the Colorado state forest service to make certain
upgrades and improvements to its seedling tree nursery in order to expand
its capacity and its ability to contribute to reforestation efforts in the state.
The general assembly is required to appropriate money to the Colorado
state university system in the 2022-23 state fiscal year for allocation to the
state forest service to make the specified upgrades and improvements to

the seedling tree nursery.

Concerning workers' compensation, and, in connection therewith, increasing funeral benefits, allowing for advance mileage expense payments, addressing the payment of scheduled ratings, and requiring reporting of certain active medical treatments.

The bill amends the Workers' Compensation Act of Colorado by:
  • Creating a process for a claimant to receive advance

payment for mileage expenses for travel that is reasonably
necessary and related to obtaining compensable treatment,
supplies, or services;
  • Specifying how to determine the benefit amount for
medical impairment when the amount payable using the
schedule of injuries would exceed the amount payable for
nonscheduled injuries;
  • Increasing the benefit payable for funeral and burial
expenses; and
  • Requiring reporting of active medical treatments necessary
to cure and relieve an injury lasting for a period of more
than 180 calendar days after the date of the injury.

The bill requires the Colorado commission on higher education
(commission) to enact a policy directing the department of higher
education (department) to develop student success measures that measure
the progression of students through postsecondary education and the
impact of postsecondary pathways on a student's career opportunities and
success. The student success measures must include postsecondary

success measures and workforce success measures.
The bill requires the department to create and maintain a statewide
student success data system that includes institution-specific interfaces
and a public interface. The data system includes student success
information aligned with the student success measures. An institution
interface includes student success data that is more timely, more granular,
appears in a different format, or includes functionality that is different
from information provided on the public interface. The public interface
must allow a user to view and compare student workforce success
information for specific institutions of higher education in Colorado. The
commission determines the information included in the public interface
and how that information is disaggregated by various student populations,
such as populations identified by race, ethnicity, gender, and
socioeconomic factors. The bill requires the commission to use the data
included in the institution and statewide data system to examine
educational and workforce success disparities among various student
populations.
The department may enter into an agreement with a third party to
create and maintain the data system. The bill requires the department to
update and modernize its data collection systems to facilitate the
collection of student success data. The bill requires the general assembly
to appropriate $3 million to create the data system.

The bill establishes the regional talent development initiative grant
program (grant program) in the office of economic development (office)
to fund talent development initiatives across the state that meet regional
labor market needs and specified grant program goals, including
initiatives that meet workforce development needs in regions as they
recover from the negative economic impacts of the COVID-19 pandemic.

The office, a state agency designated by the office, or a third party with
whom the office contracts is to serve as the administrator of the grant
program (program administrator). The office is directed to appoint a
steering committee of business, civic, education, and nonprofit
professionals (steering committee) to support the program administrator,
including:
  • Developing a grant application process;
  • Establishing grant application selection and prioritization
criteria; and
  • Advising the program administrator in appointing a
selection committee to review grant applications and make
grant award recommendations.
The office, in collaboration with the departments of labor and
employment, higher education, and education (departments) and the
steering committee, is to identify regions throughout the state to inform
the selection of grant applications.
The office is to publish a report on the grant program by
November 1, 2023, and by each November 1 through November 1, 2027.
The bill creates the regional talent development initiative grant
program fund (grant program fund) and directs the state treasurer to
transfer $91 million from the workers, employers, and workforce centers
cash fund (cash fund) to the grant program fund as follows:
  • $56,750,000 from federal money in the cash fund that the
state received pursuant to the American Rescue Plan Act
of 2021; and
  • $34,250,000 from money in the cash fund that originated
from the general fund.
The money in the grant program fund is continuously appropriated
to the office for the grant program and related costs. The grant program
repeals on July 1, 2028.

Concerning mental health in workers' compensation cases.

The bill clarifies provisions in the Workers' Compensation Act of
Colorado (act) relating to the release and disclosure of mental health
records pertaining to an injured employee making a claim under the act
(claimant).
The bill:
  • Defines mental health records as psychological or
psychiatric intake evaluation or progress notes or
psychiatric independent medical examination and division

independent medical examination records pertaining to a
claimant;
  • Requires a mental health provider to provide an insurer
with mental health records, as necessary for payment,
adjustment, and adjudication of claims involving
psychiatric issues;
  • Prohibits the disclosure of mental health records to any
person who is not directly involved in adjusting or
adjudicating claims involving psychiatric issues without the
consent of the mental health provider or claimant;
  • Prohibits an insurer from releasing a claimant's mental
health records to the claimant's employer;
  • Limits an insurer's disclosure of a claimant's mental health
records to an employer, supervisor, or manager to only
information from the mental health records pertaining to
work restrictions placed on the claimant; and
  • For a self-insured employer:
  • Requires the employer to keep a claimant's mental
health records separate from personnel files;
  • Limits disclosure of the claimant's mental health
records to a supervisor or manager to only
information from the mental health records
pertaining to work restrictions placed on the
claimant; and
  • Prohibits disclosure of the claimant's mental health
records to any third party and redisclosure by the
third party to any person who is not directly
involved in adjusting or adjudicating claims
involving psychiatric issues without the consent of
the treating mental health provider or claimant.
The bill requires the director of the division of workers'
compensation in the department of labor and employment (division) to:
  • Institute a training program relating to mental health
records for division employees responsible for medical
policy and claims management and processing; and
  • Promulgate rules necessary for the implementation of the
bill.
The bill requires a person providing mental health services under
the act to be a licensed mental health provider in the state.

On or before June 1, 2023, the executive director (executive
director) of the Colorado department of public health and environment
(department) must designate a nonprofit organization (organization) to
implement and manage a statewide program (program) that provides
recycling services to covered entities in the state, which are defined as
residences, businesses, schools, government buildings, and public places.

The program is funded by annual dues (producer responsibility dues) paid
by producers of products that use covered materials (producers). Covered
materials are defined as packaging materials and paper products that are
sold, offered for sale, or distributed in the state.
The bill creates the producer responsibility program for statewide
recycling advisory board (advisory board) that consists of members who
have expertise in recycling programs and are knowledgeable about
recycling services in the different geographic regions of the state.
Prior to the implementation of the program, the organization must:
  • On or before September 1, 2023, hire an independent third
party to conduct an assessment of the recycling services
currently provided in the state and the recycling needs in
the state that are not being met (needs assessment);
  • On or before April 1, 2024, report the results of the needs
assessment to the advisory board and the executive
director; and
  • On or before February 1, 2025, after soliciting input from
the advisory board and other key stakeholders, submit a
plan proposal for the program (plan proposal) to the
advisory board and executive director.
The plan proposal will initially cover recycling services only for
residential covered entities. The plan proposal must:
  • Describe how the organization will meet certain
convenience standards and statewide recycling, collection,
and postconsumer-recycled-content rates (rates);
  • Establish a funding mechanism through the collection of
producer responsibility dues that covers the organization's
costs in implementing the program and the costs of the
department in overseeing the program;
  • Establish an objective formula to reimburse 100% of the
net recycling services costs of public and private recycling
service providers (providers) performing services under the
program;
  • Provide a list of covered materials (minimum recyclable
list) that providers performing services under the program
must collect to be eligible for reimbursement under the
program;
  • Set minimum rate targets that the state will strive to meet
by January 1, 2030, and January 1, 2035, and describe how
the state can meet increased rates after 2035; and
  • Describe a process and timeline, beginning no later than
2028, to expand recycling services to applicable
nonresidential covered entities.
As part of the program, the organization must:
  • Utilize and expand on providers' existing recycling services
to provide statewide recycling services at no charge to
covered entities for all covered materials on the minimum
recyclable list;
  • Develop and implement a statewide education and outreach
program on the recycling and reuse of covered materials;
  • Contract with an independent third party to conduct an
annual audit of the program; and
  • Submit an annual report to the advisory board and the
executive director describing the progress of the program
(annual report).
Effective July 1, 2025, a producer may not sell or distribute any
products that use covered materials in the state unless the producer is
participating in the program or, after January 1, 2029, as set forth in an
additional producer responsibility program that has been approved by the
executive director.
The advisory board has the following duties:
  • Advise the organization on the needs assessment;
  • Review the needs assessment;
  • Review the plan proposal and make recommendations to
the executive director regarding its approval or rejection;
  • Review any necessary amendments to the program, make
recommendations on the amendments to the organization,
and then make recommendations to the executive director
regarding approval or rejection of the amendments;
  • Review the annual report submitted by the organization;
and
  • Consult with the organization on the development and
updating of the minimum recyclable list.
The bill establishes an administrative penalty for the organization's
or a producer's violation of the relevant statutes and rules. The collected
penalties are deposited into the recycling resources economic opportunity
fund.

The bill requires the Colorado energy office (office) to identify for
adoption 3 sets of model code language:
  • Model electric and solar ready code language;
  • Model low energy and carbon code language; and
  • Model green code language.
On or before January 1, 2025, municipalities, counties, the office
of the state architect, the division of housing, and the division of fire
prevention and control shall adopt and enforce an energy code that
achieves equivalent or better energy performance than the 2021
international energy conservation code and the model electric and solar
ready code language identified for adoption by the office.
On or before January 1, 2030, municipalities, counties, the office
of the state architect, the division of housing, and the division of fire
prevention and control shall adopt and enforce an energy code that
achieves equivalent or better energy and carbon emissions performance
than the model low energy and carbon code language identified for
adoption by the office.
In the event of a conflict between the 2021 international energy
conservation code, the 2024 international energy conservation code, or
any of these 3 sets of model code language and either the Colorado
plumbing code or the national electric code, the Colorado plumbing code
or the national electric code prevails.
The bill creates 2 primary grant programs:
  • The building electrification for public buildings grant
program to provide grants to local governments, school
districts, state agencies, and special districts for the
installation of high-efficiency electric heating equipment;
and
  • The high-efficiency electric heating and appliances grant
program to provide grants to local governments, utilities,
nonprofit organizations, and housing developers for the
installation of high-efficiency electric heating equipment in
multiple structures within a neighborhood.
The bill establishes the clean air building investments fund, a
continuously appropriated cash fund, to fund the creation,
implementation, and administration of both of these grant programs.
The bill also requires the following transfers from the general
fund:
  • $3 million to the energy fund created for the Colorado
energy office to issue grants and provide training related to
the 2021 international energy conservation code, electric
and solar ready codes, and low energy and carbon codes;
  • $10 million to the clean air building investments fund for
the creation, implementation, and administration of the
building electrification for public buildings grant program;
and
  • $12 million to the clean air building investments fund for
the creation, implementation, and administration of the
high-efficiency electric heating and appliances grant
program.

The bill makes the following modifications to statutory provisions
governing special districts to increase the accountability of special
districts to taxpayers:
  • If a separate legal entity established by contract includes
one or more special districts, requires the separate legal
entity to file with the division of local government in the

department of local affairs certain financial information
pertaining to the special district. In such circumstances, the
directors of the special district are also required to comply
with oath and bond requirements for directors of special
districts.
  • Expands existing requirements on the information a
metropolitan district must include on its public website to
include information that is required by the service plan of
the metropolitan district, by an ordinance or resolution
adopted by the board of commissioners of a county, or by
the governing body of a municipality, as applicable;
  • Expands the applicability of statutory provisions governing
the approval and oversight of special districts to specify
that these provisions do not apply when a special district
that was originally approved at any time thereafter becomes
wholly included within the boundaries of one or more
municipalities;
  • Specifies information to be included in the financial plan
that a new district submits along with its service plan;
  • Removes an existing cap on the amount of the fee that a
special district must pay the board of county commissioners
for processing review of a service plan;
  • For any proposed special district that has any property
within its boundaries that is zoned or valued for assessment
as residential, enumerates certain acts that are disallowed
for any service plan required to be filed by the district. A
local government acting on a service plan is prohibited
from approving a service plan for a special district that
permits any of these same acts.
  • Clarifies requirements affecting the oversight by a
municipality that is wholly contained within the boundaries
of the municipality, especially in connection with an
annexing municipality;
  • Expands the circumstances under which material
modifications of a special district's service plan are
approved by the county or municipality, as applicable, to
include the situation when the special district after initial
approval of the plan becomes wholly included within the
boundaries of a newly annexed municipality;
  • Specifies that approval is also required for any action or
omission of a special district that is materially inconsistent
with the district's service plan. Expands the list of examples
of acts or omissions necessitating approval.
  • Authorizes a board of county commissioners for a district
that lies entirely within the territorial boundaries of a
county or the governing body of a municipality for a
district that lies entirely within the boundaries of a
municipality to impose a fee to offset the costs incurred by
the county or municipality, as applicable, in reviewing the
operations of the district and the district's compliance with
its service plan. The fee is not payable more than once
annually.
  • Prohibits a member of the board of a district that approved
the issuance of any debt while the member was serving on
the board from thereafter acquiring any interest in the debt
individually or on behalf of any organization or entity for
which the board member is engaged as an employee,
counsel, consultant, representative, or agent;
  • Requires all meetings of a board of a special district that
are held solely at physical locations to be held at physical
locations that are within the boundaries of the district or
that are within the boundaries of any county in which the
district is located, in whole or in part, without exceptions or
the possibility of a waiver;
  • Clarifies that the powers of the board of directors of any
metropolitan district are limited by the district's service
plan;
  • On and after September 1, 2022, prohibits a metropolitan
district from entering into any new contract or agreement
as of that date to furnish covenant enforcement and design
review services. On and after September 1, 2022, the bill
prohibits a metropolitan district from renewing any existing
agreement entered into prior to that date to furnish
covenant enforcement and design review services. Upon
the expiration of the agreement, the master association or
similar entity contracting with the metropolitan district is
required to assume covenant enforcement and design
review services.
  • Under current law, under specified circumstances, the
board of county commissioners or the governing body of
the municipality that has adopted a resolution of approval
of the special district may require the board of the special
district to file an application for a finding of reasonable
diligence every 5 years. The bill makes this an annual
requirement.
  • Makes proof of the commission of such act by a
preponderance of the evidence proof that the director has
breached the director's fiduciary duty and the public trust.
1

Concerning modifications to laws prohibiting discrimination in employment practices, and, in connection therewith, repealing the exclusion of domestic workers from the definition of "employee", extending the time limit for filing a charge alleging unfair or discriminatory employment practices with the Colorado civil rights commission, repealing the prohibition against certain damages in cases alleging age-based discrimination, and making an appropriation.

The bill amends employment discrimination laws, commonly
referred to as the Colorado Anti-discrimination Act or CADA, as
follows:
  • Expands the definition of employee to include
individuals in domestic service;
  • Extends the time limit to file a charge with the Colorado
civil rights commission from 6 months to 300 days after the
alleged discriminatory or unfair employment practice
occurred; and
  • Repeals the prohibition, applicable in age discrimination
cases only, against the relief and recovery of certain
damages so that the remedies available in employment
discrimination claims are consistent, regardless of the type
of discrimination alleged.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

The bill permits a retailer with total taxable sales in the amount of
$100,000 or less to retain 5.3% of the sales tax reported as compensation
for the retailer's expenses incurred in collecting and remitting the tax
(vendor fee) for sales made in 2023, rather than retaining a 4% vendor
fee, which is what current law allows. The bill also clarifies that the

calculation of the amount that is credited to the housing development
grant fund is only based on the changes to the vendor fee from House Bill
19-1245, and not on any subsequent modifications, including those
changes made in this bill.

Water: Jeff Echter, Glenda Mostek

Water Resources Review Committee. The bill creates the
groundwater compact compliance and sustainability fund to help finance
groundwater use reduction efforts in the Rio Grande river basin and the
Republican river basin, such as efforts to buy and retire irrigation wells
and irrigated acreage in the river basins. The Colorado water conservation
board administers the fund and can make expenditures from the fund

based on recommendations from the board of directors of the Rio Grande
water conservation district or the Republican river water conservation
district. A conservation district's recommendations must first be approved
by the state engineer.

Water: Jeff Echter, Glenda Mostek

Water Resources Review Committee. Section 1 of the bill
prohibits a purchaser of agricultural water rights that are represented by
shares in a mutual ditch company from engaging in investment water
speculation. Investment water speculation is the purchase of agricultural
water rights that are represented by shares in a mutual ditch company in
the state with the intent, at the time of purchase, to profit from an increase
in the water's value in a subsequent transaction or by receiving payment
from another person for nonuse of all or a portion of the water subject to

the water right.
On or after January 1, 2023, the state engineer or the state
engineer's designee (state engineer) may investigate complaints of
investment water speculation. If a purchaser holds, or by virtue of a
proposed sale or transfer, will hold at least a minimum percent of the
shares in a mutual ditch company, about which minimum percent the
mutual ditch company must determine and notify the state engineer on or
before December 31, 2022, there is a rebuttable presumption that the
purchaser is engaged in investment water speculation. The state engineer
may fine a purchaser up to $10,000 for a violation and require, for a
period of up to 2 years after a fine has been imposed, that any sale or
transfer of shares in a mutual ditch company to the purchaser be subject
to approval by the state engineer.
If the state engineer believes that a complaint is frivolous or was
filed for the purpose of harassing a seller or purchaser, the state engineer
may refer the matter to the attorney general's office for the attorney
general or the attorney general's designee (attorney general) to investigate
and, if the attorney general determines that enforcement is warranted,
bring a civil action in a court of competent jurisdiction alleging the
complaint is frivolous or was filed for the purpose of harassment. If the
attorney general prevails in the civil action, the court may fine a
complainant up to $1,000, prohibit the complainant from filing any
complaints alleging investment water speculation for up to one year, and
grant attorney fees and court costs. Section 3 authorizes the attorney
general to bring a civil action against a complainant if the state engineer
refers the matter to the attorney general.
Section 2 requires the board of directors of a mutual ditch
company to determine the minimum percent of agricultural water rights
held by all of the shareholders in the mutual ditch company that a
purchaser holds or, by virtue of the sale or transfer of shares in the mutual
ditch company, will hold that creates a rebuttable presumption that the
purchaser is engaging in investment water speculation.

Water: Jeff Echter, Glenda Mostek

Water Resources Review Committee. The bill changes the name
of the water resources review committee to the water resources and
agriculture review committee (committee) and expands the scope of the
committee to include agriculture issues.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

Sales and Use Tax Simplification Task Force. In order to enable
the streamlining of the imposition, collection, and administration of sales
and use taxes imposed by local taxing jurisdictions on retail sales made

by retailers that have a state standard retail license and either do not have
physical presence in a local taxing jurisdiction or have only incidental
physical presence in a local taxing jurisdiction through the streamlining
of application requirements for and elimination of fees for local general
business licenses, the bill requires the department of revenue (department)
to require sufficient information to be collected from such a retailer, when
the retailer applies for or renews a state standard retail business license
through the state's electronic sales and use tax simplification system
(SUTS) or by other means or at any other time to the extent necessary,
and made available to local taxing jurisdictions to ensure that concerns of
local taxing jurisdictions, including but not limited to concerns relating
to administrative efficiency, retailer compliance, and collection of sales
and use tax revenue are addressed. The department is required to consult
with local taxing jurisdictions when determining what information to
collect and how to make the information collected available to local
taxing jurisdictions and making and testing modifications. The
department is also required to consult with retailers and to address any
reasonable concerns they may have. The department is required to
accomplish these tasks expeditiously so that no later than July 1, 2023,
and sooner if feasible, a retailer that has a state standard retail license and
either does not have physical presence within a local taxing jurisdiction
or has only incidental physical presence can make retail sales within the
local taxing jurisdiction without having to obtain a general business
license from the local taxing jurisdiction.
On and after July 1, 2022, a local taxing jurisdiction is prohibited
from charging a fee for a local general business license to a retailer that
has a state standard retail license, makes retail sales within the local
taxing jurisdiction, and either does not have physical presence within the
local taxing jurisdiction or has only incidental physical presence within
the local taxing jurisdiction. On and after July 1, 2023, a local taxing
jurisdiction is prohibited from requiring such a retailer to apply separately
to the local taxing jurisdiction for a general business license. A local
taxing jurisdiction must automatically issue a general business license to
such a retailer unless the local taxing jurisdiction has previously revoked
a general business license held by the retailer for a violation of its local
code.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill specifies that air-source and ground-source heat pump
systems are household furnishings exempt from the levy and collection
of property tax. The bill exempts air-source and ground-source heat pump
systems from the definition of fixtures for property tax purposes.
Beginning July 1, 2024, the bill exempts from state sales and use
tax all sales, storage, and use of eligible decarbonizing building materials.

Eligible decarbonizing building materials are defined as building
materials that have a maximum acceptable global warming potential as
determined by the office of the state architect.
In addition, beginning January 1, 2023, the bill exempts from state
sales and use tax all sales, storage, and use of air-source and
ground-source heat pump systems that are used in commercial or
residential buildings.
The bill specifies that a statutory town, city, or county may exempt
the same items only by express inclusion of the exemption in its initial
sales tax ordinance or resolution or by amendment thereto.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill:
  • Requires the state treasurer to transfer $1.1 billion from the
general fund to the unemployment compensation fund
(fund) to restore the balance of the fund to the fund's
pre-pandemic level; and

  • Requires the director of the division of unemployment
insurance to repay the federal government for $1.014
billion of advances received from the federal government
in responding to the COVID-19 pandemic.

Education: Dan Defibaugh, Dan Grange

Under current law, there is a tuition assistance program (program)
for students enrolled in career and technical education certificate
programs at certain state institutions. The commission on higher
education establishes policies and procedures for the program. The bill
requires the policies and procedures to give some preference to students
enrolled in building and construction trade certificate programs. The bill

also requires the general assembly to annually appropriate $650,000 for
the program.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Current law provides whistleblower protections for workers who
raise a reasonable concern about health or safety related to a public health
emergency. The bill expands the protection to all health and safety
concerns regardless of whether there is a declared public health
emergency.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires a consumer reporting agency, upon written
request from a consumer, to disclose to each consumer whose report
contains information from criminal justice records:

  • Each source from which the agency compiled the
information; and
  • The date on which the information was requested.
Currently, there is a process that allows for automatic sealing of
criminal justice records for certain drug offenses. The bill extends that
automatic sealing to all of the offenses, including civil infractions, that
allow the defendant to petition the court for sealing criminal justice
records that are not subject to the victims rights act. The bill streamlines
the automatic record sealing process. The bill requires the state court
administrator to produce an annual report regarding automatic record
sealing.
The bill makes it an unfair employment practice to discharge or
refuse to promote a person based solely on the contents of a sealed
criminal record and makes it an unfair housing practice to refuse to show,
sell, transfer, rent, or lease housing based on the contents of a sealed
criminal record.
The bill requires the Colorado bureau of investigation to produce
an annual report regarding record sealing.
The bill makes clarifying and organizational changes to the record
sealing statutes.

Tax & Budget: Gene Pielin, Dan Grange, Steve Steele, Dot Miller

The SALT Parity Act (act) was enacted in 2021 and, for income
tax years commencing on or after January 1, 2022, the act allows
pass-through entities to elect to pay state income tax at the entity level,
which allows the entity to claim an unlimited deduction at the federal
level for state and local taxes paid. While this election reduces federal
taxable income for the pass-through entity, it does not reduce Colorado

taxable income under current law.
The bill makes provisions of the act retroactive to January 1, 2018.

Water: Jeff Echter, Glenda Mostek

The Colorado water conservation board (board) finances water
projects throughout the state. Current law requires the board to prioritize

projects that will increase the beneficial consumptive use of Colorado's
undeveloped compact-entitled waters. The bill includes within this
priority a specific priority for projects that increase or improve water
storage in the South Platte river basin as a means of increasing the
beneficial consumptive use of undeveloped water entitled under the South
Platte river compact and in a manner that reduces reliance on
transmountain diversions.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill authorizes a state public entity to enter into an agreement
with a private partner to form a public-private partnership to develop or
operate a public project. State public entity includes the executive,
legislative, and judicial branches of state government, but excludes the
department of transportation and any institution of higher education. The
bill does not impact the authority of the department of transportation or

any institution of higher education to enter into a public-private
partnership or similar agreement as otherwise authorized by law.
The bill specifies the project delivery methods or agreements that
a state public entity may use to develop or operate a public project and
that the financing of a public project may be in the amounts and upon the
terms and conditions determined by the parties to the agreement. The
private partner and state public entity may use any money that may be
available for the public project and may enter into specified financing
agreements.
The executive director of the department of personnel or the
executive director's designee (executive director) is required to oversee
any public-private partnership undertaken pursuant to the bill by a state
public entity that is in the executive branch of state government. The
executive director is also required to ensure that each public-private
partnership undertaken by a state public entity that is in the executive
branch of state government is in the best interest of the taxpayers of the
state.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill implements a number of measures to protect pollinators
and people throughout the state. Section 1 of the bill makes legislative
findings.
Section 2 restricts the use of pesticides on the grounds of a school,
preschool program, child care center, or children's resident camp and
requires that notification be sent when a pesticide is used at such a

location. The executive director of the department of public health and
environment may adopt rules to implement section 2.
Section 3 requires the executive director of the department of
natural resources or the executive director's designee (DNR executive
director) to conduct a study on how to address pollinator decline and
increase pollinator health in the state. In conducting the study, the DNR
executive director shall consult with other state agencies and with
scientists with expertise in pollinator health, ecological processes,
biodiversity, native plants, and ecological land management. The DNR
executive director shall submit a report of the study to the general
assembly and the governor on or before January 1, 2024.
Section 4 creates a pilot grant program in the department of
agriculture to provide financial grants to agricultural producers to test the
use of noncoated seed-applied systemic insecticide on their crops.
Sections 5 and 6 require the commissioner of agriculture to adopt
rules designating as restricted-use certain pesticides that contain an active
ingredient belonging to the neonicotinoid class of insecticides or the
sulfoxomine class of insecticides, but allowing the use of such pesticides
in pet care, personal care, wood preservatives, and indoor pest-control
products and products used on golf courses. The commissioner's rules
will not affect the use of the restricted-use pesticides for agricultural
purposes.
Sections 7 through 10 authorize local governments to regulate
pesticide use and remove certain preemptions regarding local government
regulation of pesticide use.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Section 1 of the bill extends the powers of the initiative and
referendum reserved to the people in the state constitution to the electors
of special districts.
Section 2 requires each developer-affiliated board (board) of a
special district (district) to issue an agenda and board packet for each
board meeting. The board must send the agenda and board packet by
regular United States mail and by e-mail to each resident of the district
along with a separate statement that expressly discloses to each resident
the fact that the board has a conflict of interest with the residents and that
residents of the district may serve on the board.
The bill also requires each board to send a self-nomination form
to each resident of the district with each agenda and board packet with
instructions that a resident may follow for completing the form and
delivering the completed form to the manager and legal counsel of the
district.
Immediately upon receiving a self-nomination form from a
resident for a position on the board, the board must identify the board
position to be terminated and immediately appoint the resident who
submitted the self-nomination form to fill the position. A
developer-affiliated position is immediately terminated upon receipt by
the board of a self-nomination form from a resident. If self-nomination
forms are received from residents in an amount that exceeds the positions
on the board, the board is required to immediately call a special election
to fill all of the developer-affiliated positions.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

Section 1 of the bill requires each insurance company issued a
certificate of authority to transact insurance business to prepare and file
an annual report with the insurance commissioner providing a
climate-risk assessment for the insurance company's investment portfolio
from the previous 12 months. The commissioner of insurance is required
to post the reports on the division of insurance's website. Section 1

defines climate-risk assessment as a determination of the economic and
business risks that climate change poses to an investment.
Section 2 requires the board of trustees of the public employees'
retirement association (PERA board) to prepare a similar annual report
and post it on the PERA board's website.
Section 3 updates the statewide greenhouse gas (GHG) emission
reduction goals to add a 40% reduction goal for 2028 compared to 2005
GHG pollution levels and a 75% reduction goal for 2040 compared to
2005 GHG pollution levels.
Section 4 defines a small off-road engine as a gasoline-powered
engine of 50 horsepower or less used to fuel small off-road equipment
like lawn mowers and leaf blowers. Section 4 phases out the use of small
off-road engines by prohibiting their sale in nonattainment areas of the
state on or after January 1, 2030, and by providing financial incentives to
promote the replacement of small off-road engines with electric-powered,
small off-road equipment before 2030.
Section 11 establishes a state income tax credit in an amount equal
to 30% of the purchase price for new, electric-powered, small off-road
equipment for purchases made in income tax years 2023 through 2029.
Section 6 gives the oil and gas conservation commission authority
over class VI injection wells used for sequestration of GHG, including
through the issuance and enforcement of permits.
Section 7 requires the commissioner of agriculture or the
commissioner's designee, in consultation with the Colorado energy office
and the air quality control commission, to conduct a study examining
carbon reduction and sequestration opportunities in the agricultural sector
in the state, including the potential development of certified carbon offset
programs or credit instruments. On or before December 15, 2022, the
commissioner of agriculture or the commissioner's designee is required
to submit a report summarizing the study, including any legislative
recommendations, to the general assembly.
In support of the use of agrivoltaics, which is the colocation of
solar energy generation facilities on a parcel of land with agricultural
activities, section 8 authorizes the Colorado agriculture value-added
development board (board) to provide financing, including grants or
loans, for agricultural research on the use of agrivoltaics. For a research
project for which the board awards money to study the use of agrivoltaics,
sections 5 and 8 require the director of the division of parks and wildlife
to consult on the research project regarding the wildlife impacts of
agrivoltaic use.
Section 9 authorizes the board to seek, accept, and expend gifts,
grants, and donations, including donations of in-kind resources such as
solar panels, for use in agricultural research projects. Section 9 also
updates the statutory definition of agrivoltaics to list additional
agricultural activities on the parcel of land on which solar panel
generation facilities may be colocated, including animal husbandry, cover
cropping for soil health, and carbon sequestration.
Section 10 amends the statutory definition of solar energy
facility used in determining the valuation of public utilities for property
tax purposes to include agrivoltaics.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill requires the department of labor and employment
(department), in partnership with the business experiential-learning
commission in the department, the office of economic development, the
state work force development council, the departments of education and
higher education, the state board for community colleges and
occupational education, and area technical colleges, to provide incentives
to eligible employers to create high-quality, work-based learning
opportunities for adults and youth (incentive program).
The department is required to select at least 2 work-based learning
intermediaries (intermediaries) to coordinate employers, schools, youth,
and adults participating in the incentive program to establish work-based
learning opportunities and select employers to participate in the incentive
program.
The department shall provide monetary incentives to the selected
intermediaries and employers for the implementation of work-based
learning opportunities. The department is required to compile data
concerning the incentive program and submit a report to the business
committees of the senate and house of representatives during the State
Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act hearings held each legislative session.
The office of future work in the department and its partners are
required to create a digital navigation program and employ digital
navigators to:
  • Reach out to youth and adults who have been historically
excluded or disengaged from work-based learning
opportunities and connect them with available
opportunities;
  • Address digital inequities, including access to digital
technology and computer skills training, cybersecurity, and
affordable internet service;
  • Refer youth and adults to career navigation services; and
  • Provide a one-stop service that includes: Making referrals
to work-based learning programs; facilitating enrollment in
digital literacy classes, workshops, and upskilling and
work-based learning opportunities; and assisting with
digital skill development, job applications, and access to
other benefits and services.
The office of new Americans in the department is required to:
  • Convene an 18-month global talent task force to study the
process for certain in-demand occupational licenses, look
at international credentials, and take advantage of the
global pool of skilled workers; and
  • Provide tools for new Americans and English language
learners to enter into work-based learning programs to
improve language and skills development for specific
occupations and careers.
The bill authorizes the executive director of the department to
promulgate rules to implement the incentive program and the digital
navigation program.
The general assembly is required to appropriate $6,100,000 to the
department for the purposes of the bill.

Business Practices: Hunter White, Troy Tinberg, Dan Grange, Steve Steele, Dot Miller, Will LaPoint

The bill updates and modifies laws pertaining to the payment of
wages, employee misclassification, and workplace safety, and the
enforcement procedures and remedies for violations of those laws, as
follows:
  • Changes the penalty for failure to provide requested

information to the division of labor standards and statistics
in the department of labor and employment (DLSS) from
a misdemeanor criminal offense to a daily penalty of up to
$50 (section 1 of the bill);
  • Requires an employer to: Provide notice to an employee,
within 10 days after the employment terminates, before
deducting from wages or compensation any amount of
money or property the employee failed to return or repay
upon termination of employment; pay the employee the
deducted amount within 14 days after the employee returns
or repays the money or property if the employee did so
within 14 days after notice is provided; and pay 2 times the
amount of the deduction if the employer fails to provide the
required notice (section 2);
  • Imposes automatic penalties, and adjusts the amount of the
penalties for multiple violations within 5 years, on an
employer that fails to pay past-due wages within 14 days
after a written demand or civil or administrative action for
the past-due wages is sent to or served on the employer
(section 3);
  • Repeals the requirement that an employee dismiss an action
against an employer after the employer makes a legal
tender for the full amount claimed in the action (section 3),
and eliminates the authority of a court to award an
employer reasonable attorney fees and costs in an action in
which the employee claimed wages in excess of the greater
of $7,500 or the jurisdictional limit for small claims court
and the employee does not recover an amount greater than
the amount the employer tendered (section 4);
  • For wage claims on or after January 1, 2023, increases the
threshold for wage claims the director of the DLSS may
adjudicate from $7,500 or less to $15,000 or less (section
5);
  • Allows the director of the DLSS to use existing authority
under labor laws to gather information pertinent to wage
claims from employers, employees, and other persons or
entities (section 5);
  • If the DLSS determines that an employer has violated wage
laws, allows employees who filed the wage claims to
request the DLSS to notify similarly situated employees
that the employer may be engaging in a pattern or practice
of nonpayment of wages (section 5);
  • Allows recovery of attorney fees, an additional fine of 50%
of the amount of past-due wages, and a penalty of the
greater of 50% of past-due wages or $3,000 from an
employer that fails to pay an employee past-due wages
within 60 days after the determination in favor of the
employee (section 5);
  • For a citation, notice of assessment, or order issued against
an employer on or after January 1, 2023, requires the
DLSS, upon request of an employee, to file a certified copy
of the citation, notice, or order with the appropriate clerk of
court, after which the clerk is required to enter the citation,
notice, or order as a judgment of the court, and the
judgment becomes a lien against the employer's property
that is superior to all other liens except property tax liens
(section 6);
  • Authorizes the DLSS to issue a notice of administrative
lien and levy, similar to a child support enforcement lien,
when an employer fails to pay past-due wages, fines, or
penalties, which lien attaches to the employer's real or
personal property that is in the possession, custody, or
control of another person (section 6);
  • Allows an employee who alleges that the employee's
employer discriminated or retaliated against the employee
for filing or participating in a wage claim to file a civil
action to seek relief, including back pay, reinstatement or
front pay, payment of unlawfully withheld wages, interest
on past-due wages, penalties, liquidated damages,
injunctive relief, and attorney fees and costs. The DLSS,
after an investigation of a discrimination or retaliation
claim, may also order similar relief to an employee, other
than attorney fees and costs (section 7);
  • Requires employers to ensure the workplace is constructed,
operated, and equipped, and any machinery and equipment
in the workplace is placed, operated, and lighted, in a
manner that provides reasonable and adequate protections
to the lives, health, and safety of all employees, and
authorizes a new worker and employee unit in the
department of law, in addition to an employee injured or
threatened with injury, to enforce the workplace safety
requirements (section 8);
  • Establishes the worker and employee unit (unit) in the
department of law to investigate and enforce wage theft,
unemployment insurance and misclassification of
employees, and workplace safety claims under specified
circumstances (sections 9 through 12); and
  • Modifies certain provisions of the mechanics' lien law to
streamline its use in the context of workers enforcing wage
claims for work performed on real property (sections 13
through 23).

Section 2 of the bill requires:
  • The department of higher education (department), in
consultation with the state institutions of higher education
(institutions), to develop and implement a process that
encourages institutions to identify incremental

achievements on the path to degree completion, organize
stackable credentials, and identify how credentials may
become stacked into stackable credential pathways;
  • The department to facilitate the creation of stackable
credential pathways for at least 3 growing industries by
January 1, 2024, and at least 2 more growing industries by
January 1, 2025; and
  • The general assembly to appropriate one million dollars to
the department from the workers, employers, and
workforce centers cash fund for the 2022-23 fiscal year.
Section 3 of the bill requires the department to allocate and
disburse funds to community and technical colleges and local district
colleges to fund student access to nondegree credential programs. The
general assembly is required to appropriate $1.8 million to the department
for this purpose for the 2022-23 fiscal year.
Section 4 of the bill requires the general assembly to appropriate
$800,000 to the department of education for the adult education and
literacy grant program for the 2022-23 fiscal year.

Industrial and manufacturing operations clean air grant
program. Section 1 of the bill creates the industrial and manufacturing
operations clean air grant program (clean air grant program) through
which the Colorado energy office (office) awards grant money to private
entities, local governments, and public-private partnerships for voluntary
projects to reduce air pollutants from industrial and manufacturing

operations.
Voluntary projects eligible for grant money include:
  • Energy efficiency projects;
  • Renewable energy projects;
  • Beneficial electrification projects;
  • Transportation electrification projects;
  • Projects producing or utilizing clean hydrogen;
  • Projects involving carbon capture at industrial facilities;
  • Methane capture projects;
  • Projects producing or utilizing sustainable aviation fuel;
and
  • Industrial process changes that reduce emissions.
Starting in 2025, the office is required to report annually on the
progress of the clean air grant program, submit the report to the
legislative committees with jurisdiction over energy matters, and post the
reports on the office's website.
On June 30, 2022, the state treasurer shall transfer $25 million
from the general fund to the industrial and manufacturing operations
clean air grant program cash fund, which fund is created in the bill. The
fund may also consist of money from federal sources and from gifts,
grants, and donations. The money in the fund is continuously appropriated
to the office for its administration of the clean air grant program.
The clean air grant program is repealed on September 1, 2029.
Community access to electric bicycles. Section 2 creates the
community access to electric bicycles grant program (electric bicycles
grant program) through which the office awards grant money to local
governments and nonprofit organizations that administer or plan to
administer a bike share program or an ownership program for the
provision of electric bicycles in a community. Section 2 also creates the
community access to electric bicycles rebate program (rebate program)
through which the office provides individuals in low- and
moderate-income households, or bicycle shops that sell electric bicycles
to program participants at discounted prices, rebates for purchases of
electric bicycles used for commuting purposes.
Starting in 2025, the office is required to report annually on the
progress of the electric bicycles grant program and the rebate program,
submit copies of the report to the legislative committees with jurisdiction
over transportation matters, and post the report on the office's website.
On June 30, 2022, the state treasurer shall transfer $12 million
from the general fund to the community access to electric bicycles cash
fund, which fund is created in the bill. The fund may also consist of
money from federal sources and from gifts, grants, and donations. The
money in the fund is subject to annual appropriation by the general
assembly to the office for its administration of the electric bicycles grant
program and the rebate program.
The electric bicycles grant program and the rebate program are
repealed on September 1, 2028.
Diesel truck emissions reduction grant program. Section 3
creates the diesel truck emissions reduction grant program (diesel trucks
grant program) through which the division of administration (division) in
the department of public health and environment (department) awards
grant money to certain private and public entities for decommissioning
diesel trucks and replacing the trucks with newer model trucks. The
division is required to determine eligibility for the grant money and the
eligible fuel types for qualifying as a replacement vehicle under the diesel
trucks grant program.
Starting in 2023, the department is required to report annually on
the progress of the diesel trucks grant program and submit a copy of the
report to the legislative committees with jurisdiction over energy matters.
On June 30, 2022, the state treasurer shall transfer $15 million
from the general fund to the diesel truck emissions reduction grant
program cash fund, which fund is created in the bill. The fund may also
consist of money from federal sources and from gifts, grants, and
donations. The money in the fund is subject to annual appropriation by
the general assembly to the department for use by the division for its
administration of the diesel trucks grant program.
The diesel trucks grant program is repealed on July 1, 2032.
Electrifying school buses grant program. Section 3 also creates
the electrifying school buses grant program (school buses grant program)
through which the department, with technical assistance from the office,
awards grant money to school districts and charter schools to help finance
the purchase and maintenance of electric-powered school buses, the
conversion of fossil-fuel-powered school buses to electric-powered
school buses, charging infrastructure, and upgrades for electric charging
infrastructure and the retirement of fossil-fuel-powered school buses.
Starting in 2025, and every odd-numbered year thereafter, the
department is required to report on the progress of the school buses grant
program, submit copies of the report to the legislative committees with
jurisdiction over education and transportation matters, and post copies of
the report on its website.
On June 30, 2022, the state treasurer shall transfer $65 million
from the general fund to the electrifying school buses grant program cash
fund, which fund is created in the bill. The fund may also consist of
money from federal sources and from gifts, grants, and donations. The
money in the fund is subject to annual appropriation by the general
assembly to the department for its administration of the school buses
grant program.
The school buses grant program is repealed on September 1, 2034.
Section 4 updates the definition of federal act regarding the
reference to the federal Clean Air Act. Section 4 also updates the
definition of issue with respect to an order, permit, determination, or
notice issued by the division, to remove certified mail and add electronic
mail as options to issue such order, permit, determination, or notice.
Section 5 clarifies that the statutory fee caps for fees collected by
the air quality enterprise apply only to the annual stationary source
emission fees. The statutory fee caps are $1 million for state fiscal year
2021-22, $3 million for state fiscal year 2022-23, $4 million for state
fiscal year 2023-24, and $5 million on and after July 1, 2024.
Section 6 removes the requirement that the division make the
forms on which a person provides details necessary for filing an air
pollution emission notice available at all of the air pollution control
authority offices.
Section 7 extends the time within which the commission must
grant or deny a request for a hearing from within 15 days after the request
was made to within 30 days after the request was made.
Existing law authorizes the commission to submit any additions or
changes to the state implementation plan (SIP) to the administrator of the
federal environmental protection agency (administrator) for conditional
or temporary approval pending legislative council review of the additions
or changes. Section 8 authorizes the commission to submit the changes
or additions to the administrator as a provisional submission, pending
possible introduction and enactment of a bill to modify or delete all or a
portion of the commission's additions or changes to the SIP.
Section 9 makes a conforming amendment.
Section 10 appropriates the money transferred from the general
fund to the cash funds created in sections 1, 2, and 3 to the office, the
division, and the department for their administration of the programs
described in sections 1, 2, and 3. Additionally, section 10 appropriates
from the general fund:
  • $750,000 to the department of personnel for the costs of
issuing free annual eco passes to state employees; and
  • $7,000,000 to the department of public health and
environment to finance the aerial surveying of pollutants.

The bill requires the executive director of the department of
natural resources or the executive director's designee (executive director)
to conduct a study as soon as practicable regarding the challenges
associated with native pollinating insect decline, their associated
ecosystems, and their health and resilience in the state. Based on the
results of the study, the executive director is required to make

recommendations:
  • For the protection of native pollinating insects;
  • On best practices for state agencies in implementing
policies and practices regarding native pollinating insects;
and
  • On how to develop education and outreach programming.
On or before January 1, 2024, the executive director shall submit
to the general assembly and the governor a report summarizing the study
and the executive director's recommendations based on the study.

Sections 1, 7, and 9 of the bill amend the existing authority of the
division of unemployment insurance (division) to issue bonds by:
  • Clarifying that the division may issue the bonds through the
state treasurer; and
  • Granting the division the authority to levy bond
assessments.
Current law provides a temporary increase in partial
unemployment benefits. Section 2 makes this temporary increase

permanent.
Section 3 repeals the requirement that an individual wait at least
one week before becoming eligible for unemployment compensation.
This repeal will take effect when the unemployment compensation fund
reaches a balance of at least $1 billion.
Section 4 requires the division to study how to implement a
dependent allowance for individuals receiving unemployment
compensation.
Sections 4 and 10 require the department of labor and
employment to award grants to one or more third-party administrators for
the purpose of providing recovery benefits to eligible individuals. The
grants to the third-party administrators and the recovery benefits are
funded through .00035 of the premium each employer is required to
submit to the division. An individual is eligible to receive recovery
benefits if the individual, regardless of the individual's immigration
status:
  • Separated from employment through no fault of the
individual;
  • Received income from employment during a qualified base
period or alternative base period;
  • Attests that the individual is not currently receiving any
state-administered wage replacement assistance;
  • Is not eligible for state-administered wage replacement
assistance for reasons related to the individual's
authorization to work; and
  • Has a pay stub or form W-2 to verify the individual's
employment and wage withholding.
Section 5 requires an employer to provide an employee with
certain information about unemployment compensation upon the
employee's separation from employment.
Section 6 extends the hold on an employer's solvency surcharge
through calendar year 2023.
Sections 8 and 12 require the state treasurer to transfer $600
million to a newly created fund. The transfer is from money received by
the state through the federal American Rescue Plan Act of 2021. The
money in the fund may be used only to repay the outstanding balance of
federal advances provided to the state through the unemployment
insurance trust fund and interest owed on the advances.
Current law requires an individual to repay the division for
overpaid unemployment compensation benefits unless the division finds
that repayment would be inequitable. Section 11 sets forth factors that the
division must consider in determining whether repayment would be
inequitable.
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