02-11-20 RMFU LegisLetter: Colorado Lawmakers Consider Pesticide Regs To Protect Pollinators

RMFU LegisLetter: Colorado Lawmakers Consider Pesticide Regs To Protect Pollinators

HB20-1004 Assistance Landowner Wildfire Mitigation
Comment:
Position:
Calendar Notification: Monday, February 24 2020
Finance
1:30 p.m. Room 0112
(2) in house calendar.
News: Landowner Assistance for Wildfire Mitigation Advances
Short Title: Assistance Landowner Wildfire Mitigation
Sponsors: L. Cutter (D) | P. Will (R) / P. Lee (D)
Summary: Wildfire Matters Review Committee. The bill establishes the wildfire mitigation resources and best practices grant program (grant program) within the division of local government in the department of local affairs. Grant recipients use grant money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. The grant program only awards grants to applicants conducting outreach to landowners in high wildfire hazard areas and prioritizes applications based on the potential impact of the applicant’s proposed outreach.

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

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

 

Status: 1/27/2020 House Committee on Rural Affairs & Agriculture Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1037 Augmentation Of Instream Flows
Comment:
Position:
Calendar Notification: Thursday, February 20 2020
SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
1:30 PM SCR 357
(2) in senate calendar.
News:
Short Title: Augmentation Of Instream Flows
Sponsors: J. Arndt (D) / D. Coram (R)
Summary: The bill authorizes the Colorado water conservation board to augment stream flows to preserve or improve the natural environment to a reasonable degree by use of an acquired water right that has been previously quantified and changed to include augmentation use, without a further change of the water right being required.

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

 

Status: 2/3/2020 Introduced In Senate – Assigned to Agriculture & Natural Resources
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1047 Develop A Statewide Organics Management Plan
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Develop A Statewide Organics Management Plan
Sponsors: L. Cutter (D) | M. Froelich (D) / K. Priola (R)
Summary: Zero Waste and Recycling Interim Study Committee. The bill tasks the executive director of the department of public health and environment (executive director) or the executive director’s designee and the commissioner of agriculture (commissioner) or the commissioner’s designee with developing an organics management plan (plan) on or before September 1, 2022. The department of public health and environment may incorporate the plan into the department’s existing work regarding organics management if its existing work meets the standards established for the organics management plan.

In developing the plan, the executive director and the commissioner are required to study and make recommendations regarding organic waste management practices to encourage compost use on soil to promote carbon storage.

The executive director and the commissioner must also complete 2 statewide surveys as part of the plan, with one survey examining end uses for the major categories of organic waste feedstock generated within the state and the other survey examining existing organic waste generation facilities and processing capacity.

On or before February 1, 2023, the executive director, in collaboration with the commissioner, shall submit a report summarizing the plan to the legislative committees with jurisdiction over energy or agricultural matters.

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

 

Status: 2/3/2020 House Committee on Energy & Environment Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1069 Add Water Well Inspectors Identify High-risk Wells
Comment:
Position:
Calendar Notification: Thursday, February 13 2020
Finance
Upon Adjournment Room 0112
(3) in house calendar.
News:
Short Title: Add Water Well Inspectors Identify High-risk Wells
Sponsors: L. Saine (R) | B. Titone (D) / J. Sonnenberg (R) | D. Coram (R)
Summary: Water Resources Review Committee. The bill requires the state engineer to employ a minimum of 4 water well inspectors in the state’s water well inspection program.

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

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

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

 

Status: 2/3/2020 House Committee on Rural Affairs & Agriculture Refer Amended to Finance
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1072 Study Emerging Technologies For Water Management
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Study Emerging Technologies For Water Management
Sponsors: J. Arndt (D) | L. Saine (R) / J. Sonnenberg (R) | J. Bridges (D)
Summary: Water Resources Review Committee. The bill declares that new technologies, such as blockchain, telemetry, improved sensors, and advanced aerial observation platforms, can improve monitoring, management, conservation, and trading of water and enhance confidence in the reliability of data underlying water rights transactions. To advance the potential use of these new technologies, the bill:

 

  • Authorizes and directs the university of Colorado, in collaboration with the Colorado water institute at Colorado state university, to conduct feasibility studies and pilot deployments of these new technologies to improve water management in Colorado; and
  • Appropriates $40,000 from the general fund, contingent on the university of Colorado’s receipt of a matching $40,000 in gifts, grants, and donations, for the purpose of funding the studies and pilot programs.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/27/2020 House Committee on Rural Affairs & Agriculture Refer Unamended to Appropriations
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1086 Insurance Coverage Mental Health Wellness Exam
Comment:
Position:
Calendar Notification: Friday, February 14 2020
Appropriations
8:00 a.m. Room LSB-A
(9) in house calendar.
News: Bill to Guarantee Mental Health Wellness Checks Bill Advances
Short Title: Insurance Coverage Mental Health Wellness Exam
Sponsors: D. Michaelson Jenet (D) | C. Larson (R) / R. Fields (D)
Summary: The bill adds a requirement, as part of mandatory health insurance coverage of preventive health care services, that health plans cover an annual mental health wellness examination of up to 60 minutes that is performed by a qualified mental health care provider. The coverage must:

 

  • Be comparable to the coverage of a physical examination;
  • Comply with the requirements of federal mental health parity laws; and
  • Not require any deductibles, copayments, or coinsurance for the mental health wellness examination.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/29/2020 House Committee on Health & Insurance Refer Amended to Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1093 County Authority License And Regulate Business
Comment:
Position:
Calendar Notification: Monday, February 10 2020
GENERAL ORDERS – SECOND READING OF BILLS
(10) in house calendar.
News:
Short Title: County Authority License And Regulate Business
Sponsors: J. McCluskie (D) | J. Wilson (R) / K. Donovan (D) | B. Rankin (R)
Summary: The bill grants a board of county commissioners the authority to license and regulate any business located or business activity occurring within the county, including short-term lodging rentals or advertising for such rentals, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor.

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

 

Status: 2/10/2020 House Second Reading Passed with Amendments – Committee
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1095 Local Governments Water Elements In Master Plans
Comment:
Position:
Calendar Notification: Monday, February 10 2020
GENERAL ORDERS – SECOND READING OF BILLS
(15) in house calendar.
News:
Short Title: Local Governments Water Elements In Master Plans
Sponsors: J. Arndt (D) / J. Bridges (D)
Summary: The bill authorizes a local government master plan to include goals specified in the state water plan and to include policies that condition development approvals on implementation of those goals.

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

 

Status: 2/10/2020 House Second Reading Passed with Amendments – Committee
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1115 Sales Tax Exemption For Farm Fencing Material
Comment:
Position:
Calendar Notification: Monday, February 24 2020
Finance
1:30 p.m. Room 0112
(5) in house calendar.
News:
Short Title: Sales Tax Exemption For Farm Fencing Material
Sponsors: M. Catlin (R) | B. McLachlan (D) / D. Coram (R)
Summary: The bill creates a sales tax exemption for fencing material used in a farm operation.

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

 

Status: 1/15/2020 Introduced In House – Assigned to Finance + Appropriations
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1117 Misbranding Nonmeat And Imported And Artificial Meat
Comment:
Position: Support
Calendar Notification: Tuesday, February 11 2020
GENERAL ORDERS – SECOND READING OF BILLS
(2) in house calendar.
News:
Short Title: Misbranding Nonmeat And Imported And Artificial Meat
Sponsors: P. Neville (R) | E. Hooton (D)
Summary: Current law prohibits selling meat or meat products that are imported without the label indicating the fact of importation. The bill expands this to cover any meat derived from animals that were not born, raised, and harvested exclusively in the United States.

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

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

 

Status: 2/6/2020 House Committee on Energy & Environment Refer Amended to House Committee of the Whole
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
HB20-1159 State Engineer Confirm Existing Use Instream Flow
Comment:
Position:
Calendar Notification: Monday, February 10 2020
Rural Affairs & Agriculture
1:30 p.m. Room LSB-A
(3) in house calendar.
News:
Short Title: State Engineer Confirm Existing Use Instream Flow
Sponsors: D. Roberts (D) | M. Catlin (R) / K. Donovan (D) | D. Coram (R)
Summary: Current law specifies that the Colorado water conservation board’s appropriation of water for instream flow purposes is subject to existing uses and exchanges of water. The bill directs the state engineer, in administering current law, to confirm a claim of an existing use or exchange if the use or exchange has not previously been confirmed by court order or decree. The person making the claim may also seek confirmation by the water judge.
(Note: This summary applies to this bill as introduced.)

 

Status: 1/21/2020 Introduced In House – Assigned to Rural Affairs & Agriculture
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
HB20-1172 No Abandonment Of Water Rights For Efficiencies
Comment:
Position:
Calendar Notification: Monday, February 24 2020
Rural Affairs & Agriculture
1:30 p.m. Room LSB-A
(1) in house calendar.
News:
Short Title: No Abandonment Of Water Rights For Efficiencies
Sponsors: J. Arndt (D)
Summary: Current law provides that a period of nonuse of a portion of a water right is tolled, and no intent to discontinue permanent use is found for purposes of determining an abandonment of a water right, for the duration that the nonuse of the water right by its owner is a result of any of certain conditions. The bill adds a condition that applies when the nonuse of a portion of a water right is a result of the implementation of efficiency improvement projects or methods that result in a reduction of the amount of water diverted for the decreed beneficial use. In such case:

 

  • For the period of nonuse to be tolled, the owner of the water right must submit written notice of the efficiency improvement project or method to the division engineer, on a form prescribed by the division engineer, within one year of the date that the efficiency improvement project or method is first implemented; and
  • The nonuse of the portion of the water right is tolled for a maximum of 20 years.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/28/2020 Introduced In House – Assigned to Rural Affairs & Agriculture
Status History: Status History
Amendments:
Fiscal Notes:
HB20-1180 Protect Pollinators Through Pesticide Regulation
Comment:
Position:
Calendar Notification: Thursday, March 5 2020
Energy & Environment
Upon Adjournment Room 0107
(1) in house calendar.
News:
Short Title: Protect Pollinators Through Pesticide Regulation
Sponsors: C. Kipp (D) | S. Jaquez Lewis (D) / R. Fields (D) | K. Priola (R)
Summary: To protect bee and other pollinator populations throughout the state, the bill requires the commissioner of agriculture (commissioner), on or before March 1, 2021, to adopt rules to regulate the use of neonicotinoid pesticides and sulfoximine pesticides by classifying specific neonicotinoid pesticides and sulfoximine pesticides as restricted-use pesticides. The commissioner’s rules must exempt from the restricted use of the pesticides their use as indoor pest control, personal care, and pet care products; however, the commissioner, thereafter, may amend the rules to disallow their use as indoor pest control, personal care, or pet care products if the commissioner determines that another commercially available product that is not a neonicotinoid pesticide or a sulfoximine pesticide is as or more effective than a neonicotinoid pesticide or a sulfoximine pesticide when used in accordance with the product’s label directions for the same indoor pest control, personal care, or pet care use or uses.

The commissioner’s rules regarding the restricted use of neonicotinoid pesticides and sulfoximine pesticides must not apply to commercial applicators, limited commercial applicators, public applicators, qualified supervisors, certified operators, and private applicators.

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

 

Status: 1/29/2020 Introduced In House – Assigned to Energy & Environment
Status History: Status History
Amendments:
Fiscal Notes:
HB20-1195 Consumer Digital Repair Bill Of Rights
Comment:
Position: Monitor
Calendar Notification: Wednesday, March 4 2020
Business Affairs & Labor
1:30 p.m. Room LSB-A
(1) in house calendar.
News:
Short Title: Consumer Digital Repair Bill Of Rights
Sponsors: B. Titone (D) | J. Singer (D) / J. Bridges (D) | J. Cooke (R)
Summary: Usually, an owner of digital electronic equipment (equipment), such as cell phones and tablets, must seek diagnostic, maintenance, or repair services of the equipment from the original equipment manufacturer (manufacturer) or an authorized repair provider affiliated with the manufacturer.

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

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

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

 

Status: 1/30/2020 Introduced In House – Assigned to Business Affairs & Labor
Status History: Status History
Amendments:
Fiscal Notes:
HB20-1213 Sunset Commodity Handler And Farm Products Acts
Comment:
Position:
Calendar Notification: Thursday, February 20 2020
Rural Affairs & Agriculture
Upon Adjournment Room LSB-A
(5) in house calendar.
News:
Short Title: Sunset Commodity Handler And Farm Products Acts
Sponsors: M. Young (D) | R. Pelton (R)
Summary: Sunset Process – House Rural Affairs and Agriculture Committee. The bill implements recommendations of the department of regulatory agencies’ sunset review and report on the licensing functions of the commissioner of agriculture (commissioner) regarding the “Commodity Handler Act” and the “Farm Products Act” by:

 

  • Continuing the commissioner’s licensing functions for 11 years, until 2031;
  • Combining the “Commodity Handler Act” and the “Farm Products Act” in one article;
  • Requiring rule-making regarding bond schedules, record keeping, minimal financial requirements, initial and renewal license requirements, credit sale contract requirements, and standard warehouse operation requirements;
  • Requiring that financial statements submitted to the commissioner be prepared by a certified public accountant;
  • Increasing the maximum bond amount that farm products dealers must file from $200,000 to $1 million; and
  • For the definition of “small-volume dealer”, repealing the limitation that a small-volume dealer cannot purchase $2,500 or more worth of farm products or commodities in a single transaction.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/30/2020 Introduced In House – Assigned to Rural Affairs & Agriculture
Status History: Status History
Amendments:
Fiscal Notes:
HB20-1224 Agricultural Products Overweight Motor Vehicle
Comment:
Position:
Calendar Notification: Tuesday, February 25 2020
Transportation & Local Government
Upon Adjournment Room 0107
(1) in house calendar.
News:
Short Title: Agricultural Products Overweight Motor Vehicle
Sponsors: R. Holtorf (R) / J. Sonnenberg (R)
Summary: If certain conditions are met, current law allows vehicle owners to get permits to move overweight loads. The bill creates a type of overweight permit for divisible loads granted to agricultural producers if:

 

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

The permit costs:

 

  • $40 for general vehicles;
  • $50 for quad axle groupings;
  • $50 for vehicles with trailers with 2 or 3 axle groupings.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/31/2020 Introduced In House – Assigned to Transportation & Local Government + Finance
Status History: Status History
Amendments:
Fiscal Notes:
SB20-002 Rural Economic Development Initiative Grant Program
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Rural Economic Development Initiative Grant Program
Sponsors: K. Donovan (D) | D. Coram (R) / B. McLachlan (D)
Summary: The bill creates the rural economic development initiative (REDI) grant program in the department of local affairs (department) to provide grants for projects that create new jobs through a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. The department is required to administer the REDI grant program in collaboration with the Colorado office of economic development.

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

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

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

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

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

 

Status: 1/30/2020 Introduced In House – Assigned to Rural Affairs & Agriculture + Appropriations
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-008 Enhance Penalties Water Quality Criminal Violations
Comment:
Position:
Calendar Notification: Tuesday, February 11 2020
GENERAL ORDERS – SECOND READING OF BILLS
(1) in senate calendar.
News:
Short Title: Enhance Penalties Water Quality Criminal Violations
Sponsors: F. Winter (D) / D. Jackson (D) | E. Hooton (D)
Summary: Current law specifies that a person who commits criminal pollution of state waters that is committed:

 

  • With criminal negligence or recklessly is subject to a maximum daily fine of $12,500; and
  • Knowingly or intentionally is subject to a maximum daily fine of $25,000. Section 1 of the bill makes a:
  • Criminally negligent or reckless violation a misdemeanor and increases the penalty to $25,000, imprisonment of up to one year, or both; and
  • Knowing or intentional violation a class 5 felony and increases the penalty to $50,000, imprisonment of up to 3 years, or both.

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

 

Status: 2/6/2020 Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-038 Statewide Biodiesel Blend Requirement Diesel Fuel Sales
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Statewide Biodiesel Blend Requirement Diesel Fuel Sales
Sponsors: S. Fenberg (D) / S. Jaquez Lewis (D) | M. Young (D)
Summary: Energy Legislation Review Interim Study Committee. The bill requires that all diesel fuel sold or offered for sale in nonattainment areas in Colorado between June 1 and September 15 of each year, commencing June 1, 2021, be blended with and contain at least 5% biodiesel, which includes renewable diesel , and that all diesel fuel sold or offered for sale in Colorado between June 1 and September 15 of each year, commencing June 1, 2023, be blended with and contain at least 10% biodiesel. The blending requirement does not apply to diesel fuel used in locomotives or off-road mining equipment.

The air quality control commission, in consultation with the director of the division of oil and public safety in the department of labor and employment shall promulgate rules regarding the blending standard, including rules to establish a waiver process and to require labeling on a bill of lading of biodiesel-blended fuel to reflect the percentage of biodiesel included in the blended fuel when the blend is equal to or above 5% biodiesel. The division may use money in the petroleum storage tank fund to implement the bill.

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

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

 

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

 

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

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

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

 

Status: 1/31/2020 Introduced In House – Assigned to Rural Affairs & Agriculture
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
SB20-055 Incentivize Development Recycling End Markets
Comment:
Position: Support
Calendar Notification: Monday, February 10 2020
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
1:30 PM SCR 354
(3) in senate calendar.
News: The 18 Laws Proposed By Colorado Legislators That You Might Have Missed
Short Title: Incentivize Development Recycling End Markets
Sponsors: K. Priola (R) | T. Story (D) / L. Cutter (D) | J. Arndt (D)
Summary: Zero Waste and Recycling Interim Study Committee. Section 1 of the bill directs the pollution prevention advisory board (board) within the department of public health and environment (department) to recommend to the department a structure and governing guidance for a recycling market development center to support the development of end-market businesses within the state. Section 1 also directs the department to conduct a literature review of what industry and other states are doing around the country regarding producer responsibility and to create policy and legislative recommendations regarding the feasibility of requiring producers to design, manage, and finance programs for end-of-life management of their products and packaging as a condition of sale.

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

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

 

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

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

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

 

Status: 1/8/2020 Introduced In Senate – Assigned to Business, Labor, & Technology
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
SB20-090 Limit Liability For Food Donations To Nonprofits
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Limit Liability For Food Donations To Nonprofits
Sponsors: F. Winter (D) / D. Esgar (D) | B. Titone (D)
Summary: Current law provides limited immunity from civil and criminal liability to retail food establishments, nonprofit organizations, and other entities that donate items of food to nonprofit organizations for use or distribution in providing assistance to needy or poor persons. The bill extends the same immunity to correctional facilities.

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

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

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

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

 

Status: 2/6/2020 Introduced In House – Assigned to Energy & Environment
Status History: Status History
Amendments: Amendments
Fiscal Notes: Fiscal Note
SB20-101 Investigation Process For Pesticide Applicators
Comment:
Position:
Calendar Notification: Thursday, February 13 2020
SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
1:30 PM SCR 357
(4) in senate calendar.
News:
Short Title: Investigation Process For Pesticide Applicators
Sponsors: J. Sonnenberg (R)
Summary: Current law requires certain commercial pesticide applicators to be licensed or registered. The bill requires the commissioner of agriculture (commissioner) to notify such a regulated person within 24 hours after the commissioner or department of agriculture receives a complaint about the person. The notice must include the alleged facts and any statute or rule the person is alleged to have violated. If the notice is not provided:

 

  • The commissioner is prohibited from suspending or revoking the person’s license or registration, or imposing civil penalties; and
  • The person is immune from a criminal prosecution based on the facts alleged in the complaint.

The bill also requires the following proceedings to be brought within one year after the occurrence of the facts upon which they are based:

 

  • A proceeding to discipline a licensee or registrant;
  • A proceeding to impose civil penalties, not including failing to obtain the required license or registration; or
  • A criminal prosecution, not including failing to obtain the required license or registration.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/14/2020 Introduced In Senate – Assigned to Agriculture & Natural Resources
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
SB20-104 Powers Of Bureau Of Animal Protection Agents
Comment:
Position:
Calendar Notification: Tuesday, February 11 2020
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 354
(2) in senate calendar.
News:
Short Title: Powers Of Bureau Of Animal Protection Agents
Sponsors: J. Cooke (R) / D. Roberts (D)
Summary: The bill grants additional duties and powers to bureau of animal protection agents (agent), including the authority to conduct investigations; to take possession of and impound any animal that the agent has probable cause to believe is a victim of cruelty to animals; and to take possession of and impound a dog if the agent has probable cause to believe the dog is a dangerous dog.

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

 

Status: 1/14/2020 Introduced In Senate – Assigned to Local Government
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
SB20-115 Register Surplus Military Vehicle As Farm Vehicle
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Register Surplus Military Vehicle As Farm Vehicle
Sponsors: L. Crowder (R) / M. Catlin (R)
Summary: Currently, a truck or truck tractor may be registered as a farm vehicle if the vehicle is owned by a farmer or rancher and:

 

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

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

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

 

Status: 2/6/2020 Senate Committee on Transportation & Energy Refer Unamended to Appropriations
Status History: Status History
Amendments:
Fiscal Notes: Fiscal Note
SB20-121 Manage Gray Wolves In Colorado
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News: Colorado lawmakers might vote on wolf reintroduction before citizens do
Short Title: Manage Gray Wolves In Colorado
Sponsors: K. Donovan (D)
Summary: The bill authorizes the management and, if necessary, the reintroduction of the gray wolf in Colorado pursuant to a plan adopted by the parks and wildlife commission (commission). The reintroduction is to begin by December 31, 2025, but the reintroduction is:

 

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

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

 

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

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

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

 

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

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

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

 

Status: 1/24/2020 Introduced In Senate – Assigned to Agriculture & Natural Resources
Status History: Status History
Amendments:
Fiscal Notes:
SB20-135 Conservation Easement Working Group Proposals
Comment:
Position:
Calendar Notification: Thursday, February 13 2020
SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
1:30 PM SCR 357
(2) in senate calendar.
News: Colorado aims to undo conservation easement tax-credit mess from 10 years ago
Short Title: Conservation Easement Working Group Proposals
Sponsors: J. Sonnenberg (R) | K. Donovan (D) / D. Roberts (D) | J. Wilson (R)
Summary: A working group was convened over the 2019 interim pursuant to House Bill 19-1264 to develop proposed statutes to address certain issues affecting the creation, valuation, tax treatment, and stewardship of conservation easements in the state. The bill implements the recommendations of the working group as follows:

 

  • Section 1 of the bill modifies the method of calculating the amount of the state income tax credit that may be claimed for the donation of a conservation easement. The section also clarifies the manner in which certain business entities claim the credit.
  • Section 2 requires the state to provide compensation for certain taxpayers who were denied state income tax credits for conservation easements donated between 2000 and 2013 if the federal internal revenue service allowed a federal income tax deduction for the same donation. The amount of the compensation is based upon the amount of the credit that could have been claimed at the time of the original donation based upon the value of the donation accepted by the internal revenue service. The amount of compensation is reduced by any amount that was allowed to be claimed against Colorado income tax or otherwise reinstated to the claimant of the compensation. Where a tax credit was transferred to another taxpayer as transferee, the bill provides a process for all parties to the transaction to submit a mutual application for compensation or, if there is objection, a process to resolve disputes about the distribution of compensation. The total amount of compensation to be paid to all claimants is limited to the amount of unused conservation easement tax credits that could have been claimed between 2013 and 2019 under an existing statutory cap amount, but were not claimed. If the unclaimed amounts are not sufficient to satisfy all claims, then any unsatisfied claims would be paid in future years. The cap for each future year would be reduced by the amount of claims paid; except that the total amount of claims paid in a year could not exceed 50% of the amount of the cap for that year.
  • Section 3 requires the director of the division of conservation to designated an ombudsman to assist in resolving certain disputes related to conservation easements.
  • Section 3 also addresses the abandonment of conservation easements, which occurs when the holder of an easement no longer fulfills its stewardship obligations with respect to the easement. The division of conservation is required to investigate potential abandoned easements, make findings regarding each easement, and report its findings to the conservation easement oversight commission (commission). The commission then conducts a public hearing on the easement and, if it determines that an easement is abandoned, appoints a receiver to monitor the easement. Receivership for an abandoned easement is limited to 5 years, during which time the commission reviews the easement and attempts to identify options to reform the easement, have it assigned to another holder, or extinguish the easement. A stewardship account is established to provide for the cost of carrying out the stewardship obligations resulting from abandoned easements. A specified amount of money is appropriated to the stewardship account for the 2020-21 fiscal year, with a corresponding reduction in the amount of conservation easement tax credits that can be claimed for one year.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/27/2020 Introduced In Senate – Assigned to Agriculture & Natural Resources
Status History: Status History
Amendments:
Fiscal Notes:
SB20-142 Pet Animal Facility Licensing
Comment:
Position:
Calendar Notification: Wednesday, February 12 2020
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
1:30 PM SCR 357
(6) in senate calendar.
News:
Short Title: Pet Animal Facility Licensing
Sponsors: V. Marble (R) / L. Saine (R)
Summary: The bill amends the “Pet Animal Care and Facilities Act” (Act) by:

 

  • Removing language exempting from the Act a person who boards no more than 3 pet animals at one time;
  • Exempting from the Act any pet animal rescue that qualifies as tax exempt under section 501 (c)(3) of the federal “Internal Revenue Code of 1986”;
  • Decreasing the maximum licensing fee amount that the commissioner of agriculture may charge a pet animal facility and establishing independent contractor pet groomer licensing fees in statute; and
  • Removing language that prohibits a person from importing or causing to be imported any pet animal for the purpose of sale, resale, trade, or barter by a pet animal facility operator unless the person is licensed.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/27/2020 Introduced In Senate – Assigned to State, Veterans, & Military Affairs
Status History: Status History
Amendments:
Fiscal Notes:
SB20-153 Water Resource Financing Enterprise
Comment:
Position:
Calendar Notification: Thursday, February 13 2020
SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
1:30 PM SCR 357
(5) in senate calendar.
News:
Short Title: Water Resource Financing Enterprise
Sponsors: D. Coram (R)
Summary: The bill creates the water resources financing enterprise (enterprise). The board of the enterprise (board) consists of the board of directors of the Colorado water resources and power development authority and the Colorado water conservation board. The enterprise will provide financing to “water providers”, defined to include drinking water suppliers, wastewater treatment suppliers, and raw water suppliers. Raw water suppliers are limited to those that provide raw water for treatment and use as drinking water.

Customers of drinking water suppliers will pay a fee to the supplier, who will transmit it to the enterprise to be used for the financing. The fee is 25 cents per 1,000 gallons of drinking water delivered per month to each metered connection in a drinking water supplier’s public water system, collected after the first 4,000 gallons of drinking water delivered per month to an individual metered connection. The board may adjust the fee based on inflation and equity concerns for large nonresidential customers and customers who pay tiered rates that start higher than 4,000 gallons per month.

The enterprise can provide financing for grants, loans, and in-kind technical assistance in arranging third-party financing. In determining whether to provide financing, the board shall consider the following factors:

 

  • A water provider’s ability to pay, including whether the water provider has sought or received other financial assistance;
  • Whether a water provider is subject to noncompliance or increased requirements related to the provision of raw water, drinking water, water treatment, or wastewater treatment;
  • Whether the proposed use of financing relates to a project identified in and in furtherance of the state water plan; and
  • The geographic location and demographic characteristics of the water provider and its customers.

The enterprise shall provide, and a water provider may use, the financing only:

 

  • In connection with the provision of raw water, drinking water, water treatment, or wastewater treatment; and
  • For feasibility studies, consulting, planning, permitting, and construction of infrastructure and water conservation projects and related recreational, hydroelectric, and flood control facilities, including necessary enlargement and rehabilitation of facilities but excluding maintenance and operation.
    (Note: This summary applies to this bill as introduced.) 
Status: 1/29/2020 Introduced In Senate – Assigned to Agriculture & Natural Resources
Status History: Status History
Amendments:
Fiscal Notes:
SJR20-005 Support State Of Colorado Comments Federal Hemp Rule
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Support State Of Colorado Comments Federal Hemp Rule
Sponsors: V. Marble (R) | S. Fenberg (D) / E. Hooton (D) | L. Saine (R)
Summary: *** No bill summary available ***
Status: 1/27/2020 Signed by the President of the Senate
Status History: Status History
Amendments:
Fiscal Notes: