Senate Committee Advances Pair of Roberts’ Bills to Save Coloradans Money on Health Care, Lower Cost of EpiPens

HB23-1002 and HB23-1224 signal Colorado Democrats ongoing efforts to improve health care and prescription drug affordability

DENVER, CO – Today, the Senate Health and Human Services Committee passed Senator Dylan Roberts’, D-Avon, bills to cap the cost of life-saving epinephrine auto-injector devices and lower insurance premiums.

The first bill, HB23-1002, would require insurance carriers that provide coverage for EpiPens to cap the out-of-pocket cost to $60 for a 2-pack. It also creates the Epinephrine Auto-Injector Affordability Program, where uninsured Coloradans with a prescription can apply to obtain low-cost epinephrine through the Colorado Division of Insurance (DOI). Manufacturers would be required to post access to the program on their websites. 

“Every Coloradan, no matter where they live, deserves to have access to the life-saving health care they need,” said Roberts. “Colorado has led the way in lowering costs of health care, and now we’re taking the next steps by making premiums and emergency medication more affordable across the state. Rural communities, like those I represent, are more likely to need more affordable emergency medication like EpiPens and less likely to have health insurance coverage. These bills will help families find health insurance plans that work for them, save money, and save lives.”

Since 2007, epinephrine auto-injector prices have increased over 660 percent to $690 for a 2-pack. Because epinephrine auto-injectors expire a year after purchase, Colorado families have been forced to spend hundreds to thousands of dollars annually for critical, life-saving medication.

This legislation builds off of successful policy championed by Roberts, HB21-1307, creating the Colorado Insulin Affordability Program to reduce insulin prescription costs and cap monthly insulin costs at $100. Insulin and epinephrine auto-injectors are both life-saving medications that regulate potentially fatal bodily reactions. 

The second bill, HB23-1224, would lower insurance premiums and make it easier for consumers to shop for high value standardized health plans that work for them and their families. The bill strengthens the DOI’s ability to hold carriers accountable for the premium rate reduction requirements on Colorado Option Standardized Plans by granting the DOI the authority to:

• Limit factors such as as excessive profit and administrative expenses;

• Structure the public hearings process efficiently while ensuring all parties have the opportunity to participate;

• Help consumers easily find and compare plans that could lower their out-of-pocket costs.

HB23-1002 will go to the Senate Appropriations Committee and HB23-1224 now heads to the Senate floor. You can follow the bills’ progress HERE and HERE, respectively.

SIGNED! Gonzales’ Bill to Reduce Nonviolent Sentences, Encourage Incarcerated Coloradans to Pursue College Credits

HB23-1037 allows nonviolent inmates to have time deducted from their sentence for receiving higher education

DENVER, CO – Governor Jared Polis today signed Senator Julie Gonzales’, D-Denver, bill to encourage individuals incarcerated for nonviolent felonies to pursue higher education to earn time off their sentence.

HB23-1037 allows incarcerated individuals sentenced for a nonviolent felony offense to reduce their sentence by completing an accredited degree or other credential awarded by an accredited higher education institution while incarcerated in the Department of Corrections. Specifically, inmates will be able to receive one year of earned time for a bachelor's or associate's degree, 6 months for an earned credential or certificate of 30 credit hours worth, 18 months of earned time for a master’s degree, and two years for a doctoral degree.

“Too often, formerly incarcerated individuals rejoin the workforce with limited education on top of already being at a significant disadvantage relative to their peers due to their criminal history," said Gonzales. “This bill helps reduce recidivism rates and better prepare Coloradans to find good-paying careers once they’ve left prison. I am happy to see this life-changing bill signed into law with bipartisan support.”

While 48 percent of Americans have a postsecondary education, less than 13 percent of inmates have attained the same level of education. The bill also requires funds saved by reduced sentences to be reallocated toward enhancing educational opportunities for incarcerated individuals. 

Signed! Gonzales’ Bill to Ensure Language Access for Insurance Documents

Legislation requires insurers to offer policy documents in the same language they advertise in

DENVER, CO – Governor Jared Polis yesterday signed Senator Julie Gonzales’, D-Denver, bill to ensure non-English speakers can read and understand critical insurance information.

HB23-1004 requires insurers to have insurance policy information professionally translated or be certified from a professional translator in a non-English language. It also requires insurers of auto, home, and renters insurance to offer policy documents in the same language that is used for advertisements, and to provide the policy application, policy, and any related documents in any language upon request.

“Expanding language access requirements helps to even the playing field for non-English speakers,” Gonzales said. “I’m proud to partner with Rep. Velasco to increase language access in the insurance space, and I will continue working to implement additional consumer protections for Colorado’s non-English speaking communities.”

Last session, Gonzales sponsored the Multilingual Ballot Access for Voters law, establishing a statewide hotline to provide translation services for ballot language.

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¡Firmado! El Proyecto de Ley de Gonzales para Asegurar el Acceso Lingüístico a los Documentos de Seguros

La legislación requiere que las aseguradoras ofrezcan documentos de póliza en el mismo idioma en el que se anuncian

DENVER, CO - Ayer el Gobernador Polis firmó la propuesta de ley de la Senadora Julie Gonzales, D-Denver, para asegurar que las personas que no hablan inglés puedan leer y comprender información crítica sobre seguros.    

HB23-1004 requiere que las aseguradoras tengan la información de la póliza de seguro traducida profesionalmente o certificada por un traductor profesional en un idioma que no sea inglés. También requiere que las aseguradoras de automóviles, viviendas y seguros para inquilinos ofrezcan los documentos de la póliza en el mismo idioma que se usa para los anuncios, y que proporcionen la solicitud de la póliza, la póliza y cualquier documento relacionado en cualquier idioma que se solicite.

“Ampliar los requisitos de acceso al idioma ayuda a igualar el campo de juego para las personas que no hablan inglés,” dijo Gonzales. “Es un orgullo trabajar con la representante Velasco para aumentar el acceso lingüístico en el espacio de los seguros, y seguiré trabajando para implementar protecciones adicionales para los consumidores de las comunidades de Colorado que no hablan inglés.”

En la última sesión, Gonzales patrocinó la ley de acceso a boletas electorales multilingües para los votantes, estableciendo una línea directa en todo el estado para proporcionar servicios de traducción para el idioma de las boletas electorales.

Senate Approves Zenzinger’s Bipartisan Bill to Enhance Adult Education in Colorado

SB23-007 will get Coloradans the digital literacy training they need to land jobs, help address workforce shortages

DENVER, CO – Bipartisan legislation aimed at improving adult literacy education and addressing workforce shortages in Colorado, championed by Sen. Rachel Zenzinger, D-Arvada, cleared the Senate today.

Cosponsored by Sen. Barbara Kirkmeyer, R-Weld County, SB23-007 provides $2 million to create more opportunities for diverse adult learners across Colorado and adds digital literacy programs to educational offerings for adults provided by adult education providers who receive funds from the adult education and literacy grant program.

“Every Coloradan deserves at the very least a basic education that enables them to become self-sufficient and fully participate in society - but not everyone has the education and training they need to land a good-paying job and care for themselves and their family,” Zenzinger said. “This legislation will help thousands of Coloradans bolster their digital skills and get the critical education they need to reach their career potential, provide for their families, and live their Colorado dream.”

According to the Colorado Adult Education Coalition, 300,000 Coloradans lack a high school credential, and 10 percent of Colorado children rely on a head of household who doesn’t have a high school diploma, which blocks individuals from many good-paying jobs and promotions that would help them better meet their needs and provide for their families.

SB23-007 defines digital literacy as "skills associated with using technology that enables users to find, evaluate, organize, create, disseminate, and communicate information online."

The bill also streamlines reporting and requirements for the adult education and literacy grant program including demographic information, post-program employment rates, and literacy skills gained, and it allows community colleges, technical colleges, and colleges to develop graduation requirements for high school diplomas based on standards from the State Board of Education. 

SB23-007 now heads to the House for further consideration. You can track the bill’s progress HERE.

Zenzinger’s Bill to Improve Access to Special Education for Students in Foster Care Clears Senate

HB23-1089 removes barriers for foster care recipients who are enrolled in special education

DENVER, CO – Senator Rachel Zenzinger’s, D-Arvada, bill to make it easier for children in the foster care system to continue receiving special education services cleared the Senate today.

HB23-1089 modifies current law to direct resources toward the school district a foster child attends, rather than to the district they are geographically located in. The bill also creates a task force to identify and propose solutions to issues facing education for children in the foster care system.

“All Colorado students deserve a great education, and I am pleased to see my bill that reduces disruptions to special education for kids in foster care unanimously move forward," said Zenzinger. “Children in foster care face many challenges, and this bill will help us better support these students now and into the future.” 

The bill will remedy funding issues related to special education recipients in foster care. Current law allows foster children to continue attending the same school regardless of placement, and directs special education funds toward the school district where a foster child is located, rather than the district they attend, creating funding shortfalls and diminished services. HB23-1089 better aligns special education funding with school enrollment, allowing schools to better serve these students.

HB23-1089 now moves to the Governor’s desk for final approval. To follow the bill’s progress, click HERE.

ICYMI: Winter’s Bill to Prevent Income Discrimination, Protect Renters Passes Committee

Winter’s legislation aims to remove barriers to housing stability

DENVER, CO – Yesterday, the Senate Local Government and Housing Committee approved Senator Faith Winter’s, D-Westminster, bill to provide greater access to housing for renters with limited incomes. 

Currently, landlords can require a tenant to earn an income that exceeds set “multipliers” of the annual rent, often three to five times as much, limiting those rentals to wealthier individuals. SB23-184 would expand access to housing by limiting any minimum income requirement to two times the cost of the rent.

For prospective tenants with a housing voucher or subsidy, this cap would only apply to their portion of the rent obligation, and landlords wouldn’t be able to inquire about or consider their credit score.

“Over the last decade the cost of housing in Colorado has doubled, forcing folks to spend larger shares of their income on rent,” said Winter. “Our rental market hasn’t adjusted to these challenging economic realities, and many Coloradans – especially those on limited or fixed incomes – are denied housing or face barriers to obtaining housing because of income requirements. It’s time to put in place sensible guardrails to expand housing access for Coloradans of all income levels.”

Large security deposits can also price renters out of housing. This bill would break down cost-barriers by capping security deposits at two times the monthly rent.

Although Coloradans who experience housing discrimination can sue or file a civil rights complaint, they’re not able to raise discrimination as a defense to an eviction. SB23-184 would further protect tenants from eviction by establishing that a violation of the bill's new prohibitions is an unfair housing practice and clarifying that fair housing violations, including source of income violations, are an affirmative defense to eviction.

SB23-184 now heads to the Senate floor. Follow the bill’s progress HERE. 

Fenberg Introduces Bill to Increase Transparency, Improve Colorado’s Elections

Fenberg: “This bill will build confidence and ensure Colorado remains at the forefront when it comes to holding free and fair elections.”

DENVER, CO – Colorado Senate President Steve Fenberg, D-Boulder, today introduced legislation aimed at increasing transparency and further improving Colorado’s gold standard elections.

SB23-276 will expand and clarify personal financial disclosures for certain candidates and elected officials, improve voter access in tribal communities, and streamline election day results, among other provisions.

“Colorado’s elections are the envy of the country - but there are always adjustments and improvements we can implement to make our election system even better,” Fenberg said. “Whether it’s creating more transparency for candidates and elected officials or improving access for Native American and other underrepresented voters, this bill will build confidence and ensure Colorado remains at the forefront when it comes to holding free and fair elections.”

Increased transparency and ethics in government 
The bill expands what is required to be disclosed in a candidate or elected official’s personal financial disclosure and clarifies enforcement, ensuring the public knows about potential conflicts of interest for a candidate or elected official and ensures there is an enforcement mechanism for if and when a candidate provides false information. Additionally, the bill specifies that the Department of State cannot use public funds for advertising that features candidates for local, state, or federal office. 

Improved voter access on tribal lands 
SB23-276 establishes a process to allow tribal councils in Colorado to submit membership lists for purposes of Colorado’s existing automatic voter registration law. Additionally, the bill guarantees the placement of early voting and Election Day voting sites on tribal lands. 

Increased voter access for underrepresented voters
The bill increases the number of drop boxes and voter service and polling centers for public and private higher education campuses. The bill also clarifies how sheriffs facilitate voter registration and voting to make it easier for inmates in jails to vote.

Bolstered funding for local election administration
The bill increases funding for local county clerks to help facilitate smooth and secure election administration. The current formula hasn’t been updated in more than a decade and yet administering elections has gotten more challenging and expensive. The new formula will ensure a more equitable share of county election budgets are covered by the state.

Streamlined election results 
SB23-276 requires larger counties to begin counting ballots at least four days prior to Election Day, which will result in publishing election results faster on Election Day. The bill also requires that clerks update “cure” data within 24 hours for voters who need to fix a problem with their ballot. 

Modernized ID system
The bill allows the use of digital IDs such as the state of Colorado’s official myColorado app as well as digital copies of already accepted forms of identification in order to confirm their Colorado address when they vote in person. 

General election and campaign finance cleanup
Finally, SB23-276 also makes several changes to Colorado’s Election Code to remove obsolete provisions, update procedures to reflect current practice, and ensure transparency in campaign finance laws. 

SB23-276 will be heard Thursday in the State, Veterans & Military Affairs Committee. Track the bill’s progress HERE.

Cutter’s Bill to Set Composting Standards, Reduce Waste Earns Committee Approval

Legislation would prohibit false marketing, “greenwashing” of inorganic products

DENVER, CO – Today, the Senate Business, Labor & Technology Committee approved Senator Lisa Cutter’s, D-Jefferson County, bill to standardize compostable products in Colorado.

SB23-253 would create standards for products that are marketed or represented as being compostable. In order to market products as compostable, the bill would require third-party validation and require labeling distinction, like green or beige labels or symbols. Unless the product is compostable-certified, the bill would make using a composting label or implying such a deceptive trade practice violation. 

"Many Coloradans are working to improve our environment by composting,” said Cutter. “Unfortunately, some companies are 'greenwashing’ their products, which leads to contamination at compost sites, depriving compost businesses of the opportunity to process and sell this valuable organic material. This bill will set standards that make it easier for consumers to understand what is truly compostable, help compost businesses, divert materials from landfills and improve soil health."

SB23-253 is in response to the continued contamination of Colorado’s composting efforts. This is in part due to companies falsely-advertising items like disposable plates and silverware as compostable when those claims don’t hold up in industrial facilities, also known as “greenwashing.” The legislation would create clear standards for products and clarification for customers.

According to Colorado’s largest commercial composting company, 10 percent of organic material coming to their facilities is contaminated due to non-compostable items like dog toys, plastic food containers and bottles.

SB23-253 now heads to the Senate Appropriations Committee. Follow the bill’s progress HERE. 

Winter & Hinrichsen Bill to Strengthen Renter Rights Approved by Senate

Bill would strengthen renters rights by prohibiting provisions in rental agreements that waive important rights

DENVER, CO – Today the Senate approved Senator Faith Winter, D-Westminster, and Nick Hinrichsen’s, D-Pueblo, bill to bolster tenant rights in rental agreements.

HB23-1095 prohibits most rental agreements from including certain provisions that waive important rights.

“Whether it’s Steamboat Springs or Sedalia, housing is a top concern for Coloradans,” Winter said. “This year we’re taking bold action to tackle Colorado’s housing crisis from all angles. By preserving the affordable housing stock we already have and strengthening renters rights, Coloradans will be better positioned to find housing options that fit their budget, and sign rental agreements that preserve their comfort and safety.”

“Too often, Colorado renters unknowingly sign rental agreements that waive important rights, contain legal traps, and tack on hidden fees,” said Hinrichsen. “HB23-1095 prohibits landlords from sneaking inflated charges or unfair provisions into rental agreements, ensuring Colorado renters aren’t taken advantage of or exploited.”

Prohibited provisions include:

• Any waiver of the right to quiet enjoyment of the property, which protects renters from landlords entering the property without notice and their right to have peace and quiet in their home;

• Any waiver of the right to a jury trial, unless all parties agree to waive a jury trial in a hearing to determine occupancy;

• Any waiver of the right to participate in a class action lawsuit;

• Penalties or charges if a renter does not provide notice of non-renewal unless the landlord incurred actual losses as a result; or

• Provisions to charge renters for both third party services that is in excess of 2 percent of the actual charge or a monthly administrative fee of $10, to cover these services.

Landlords often profit from renters by including inflated third party charges like pest control and valet trash services in administrative fees. Under HB23-1095, landlords would not be allowed to charge renters more than 2 percent of the actual charge to the landlord or $10, but not both.

Large rental companies often use a class action waiver to protect themselves from lawsuits by preventing renters from collectively pursuing legal action. Individual renters usually can’t afford a legal fight against a large rental company, which allows rental companies to get away with violations.

HB23-1095 now heads back to the House for concurrence of amendments. You can track the bill’s progress HERE.

Senate Approves Gonzales’ Bipartisan Bill to Open Doors to Law Enforcement Opportunities for Immigrants

HB23-1143 would authorize law enforcement agencies to allow DACA recipients to carry firearms as peace officers

DENVER, CO – Today, the Colorado Senate approved Senator Julie Gonzales’, D-Denver, bipartisan bill to open up job opportunities for Deferred Action for Childhood Arrivals (DACA) recipients within law enforcement.

Currently, DACA recipients are unable to possess or carry a firearm. For DACA recipients who want a career in law enforcement, this drastically hinders their ability to get hired. Cosponsored by Senator Barb Kirkmeyer, R-Weld County, HB23-1143 would allow law enforcement agencies to amend their policies, in compliance with federal law, to allow DACA recipients to carry firearms in order to work in law enforcement.

“We’ve heard time and time again that police departments and local law enforcement agencies are hurting for staffing all while DACA recipients are asking to protect and serve their community,” Gonzales said. “In my district and throughout the state, qualified individuals with bilingual skills and an understanding of their community and culture currently have no pathway to serve as law enforcement officials. This bill will help open the door for immigrants to serve their communities in new ways.”

If enacted, eligible immigrants, including DACA recipients and individuals who have applied for asylum, would be allowed to attend peace officer training academies. The bill would also require law enforcement agencies to notify the Peace Officer Standards and Training Board that the DACA recipients are in compliance with firearm policies while attending an academy.

HB23-1143 now heads to the Governor’s desk for signature. Follow the bill’s progress HERE.

Senate Approves Fenberg’s Bipartisan Bill to Invest in Essential Wildfire Fighting Aircraft

Legislation would approve funding for the state to purchase a second Firehawk helicopter to better support wildfire fighting efforts across Colorado

DENVER, CO – Senate President Steve Fenberg’s, D-Boulder, bipartisan bill to require the State Treasurer to finance the purchase of a Firehawk helicopter for wildfire fighting efforts cleared the Senate today.

Cosponsored by Senator Perry Will, R-New Castle, SB23-161 would allow Colorado to purchase a second Firehawk helicopter, ensuring the Division of Fire Prevention and Control (DFPC) has at least one Firehawk available for rapid response at all times.

“We no longer have wildfire seasons, we have wildfire years, which is why we must proactively invest in advanced wildfire fighting equipment like the Firehawk to keep our communities safe,” said Fenberg. “Firehawk helicopters are state-of-the-art and built for longevity, making this a smart investment for Colorado’s future. This will help ensure we are able to aggressively respond to and mitigate wildfires with greater speed and increased capacity, and will help us better protect homes, people, and property against increasingly dangerous wildfires.” 

In 2021, Fenberg championed legislation to purchase Colorado’s first Firehawk helicopter, which will join Colorado’s fleet of firefighting aircraft later this year. Firehawk helicopters are considered the most technologically advanced firefighting aircraft available.

SB23-161 now heads to the House for further consideration. You can follow the bill’s progress HERE.

Senate Approves Mullica’s Bipartisan Bill to Increase Access to Community Health Care Services

Legislation would support community health care workers through Medicaid reimbursements

DENVER, CO – Senator Kyle Mullica’s, D-Thornton, bipartisan bill to expand access to community health services through Medicaid reimbursement passed the Senate today. 

Cosponsored by Senator Cleave Simpson, R-Alamosa, SB23-002 would authorize the Department of Health Care Policy and Financing (HCPF) to seek federal authorization from the Centers for Medicare and Medicaid Services to provide Medicaid reimbursement for community health worker services, which would make urgently-needed care both easier to access and more affordable for the Coloradans who depend on it.

“As an emergency room nurse, I know community health workers can enhance the level of care experienced by a patient by monitoring their symptoms, educating the patient and their family, and so much more,” Mullica said. "Colorado is now one step closer to joining the 15 other states that have made it easier to obtain this essential service.”

Services provided by community health workers include preventative services, screening, assessments, health coaching, and advocacy. The bill requires HCPF to seek federal approval by July 1, 2024, and to begin implementing coverage once approval is received.

SB23-002 now heads to the House for further consideration. You can follow the bill’s progress HERE.

Zenzinger & Roberts’ Bill to Accelerate Affordable Workforce Housing Projects Clears Senate

Senate Bill 1 supports innovative, affordable housing projects through public-private partnerships

DENVER, CO – Senators Dylan Roberts, D-Avon, and Rachel Zenzinger’s, D-Arvada, bill to encourage innovative, affordable workforce housing projects through public-private partnerships cleared the Senate today.

SB23-001 would provide $13 million in funding to the Public-Private Collaboration Unit to help develop affordable workforce housing on state-owned land so that Colorado workers like teachers, nurses, and everyone in between, can find housing that fits their budget.

“Across Colorado, local communities are exploring innovative projects to ensure everyone can have access to an affordable place to call home near where they work,” Roberts said. “This bill will help catalyze many projects across the state by eliminating one of the biggest barriers to affordable housing development: the cost of land. By allowing public-private partnerships access to underused state land, we can expect hundreds of new affordable housing units across the state in the coming years, including 80 units in my home of Eagle County. I am thrilled this bill is moving forward with bipartisan support.”

“The housing crisis is a top concern for the people of Colorado and the legislature alike,” said Zenzinger. “Constructing workforce housing is a key part of this year’s comprehensive work to address housing availability and affordability. Teachers, nurses, and everyone who helps keep our state running deserve to have an affordable place they can call home. Senate Bill 1 will be incredibly helpful in our efforts to ensure Coloradans can afford to live where they work.”

SB23-001 builds on work from previous sessions, HB21-1274 and SB22-130, regarding the inventory of underutilized properties and state-owned land. 

The bill would transfer $5 million from the General Fund and $8 million from the Housing Development Grant Fund to the Unused State-Owned Real Property Fund.

SB23-001 now heads to the House for further consideration. You can follow the bill’s progress HERE.

Danielson and Jaquez Lewis Bill to Allow Native American Regalia at Graduation Ceremonies Passes Senate

SB23-202 aims to reverse the systemic effects of residential Native American boarding schools and protect Indigenous students from discrimination

DENVER, CO – Today, Senators Jessie Danielson, D-Wheat Ridge, and Sonya Jaquez Lewis’, D-Longmont, bill to allow Native American students to wear traditional regalia at graduation ceremonies passed the Senate.

SB23-202 would require schools, school districts, public colleges, and universities to allow qualifying students, including those who are members of a tribe, eligible to be members of a tribe, or are of Native American descent, to wear traditional Native American regalia at graduation ceremonies. The bill aims to protect Indigenous students from discrimination and reverse the systemic effects of the Indian Civilization Act of 1819.

“This bill ensures that schools cannot infringe on the right of Native American graduates to wear traditional regalia to celebrate their accomplishments,” Danielson said. “It honors their culture and history, and most importantly, supports the students in the way the State of Colorado must.”

“No Native American student should have to choose between participating in their graduation with their classmates or following their religious and cultural traditions,” said Jaquez Lewis. “Our country has a long and tragic history of suppressing Native American culture and forcing people to assimilate. It’s time for Colorado to enshrine these protections for Native American students once and for all.”

In states where there are no protections for Native American dress, students have been barred from wearing everything from beadwork to sealskin caps because the traditional regalia violates school dress code. If enacted, Colorado would join the handful of states that provide protections for these students. 

Colorado is home to two federally recognized tribes; the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe. According to the 2020 US Census, 74,129 Native Americans lived in Colorado, a higher population than the neighboring states of Utah and Idaho.

SB23-202 now heads to the House for further consideration. Follow the bill’s progress HERE. 

RELEASE: Committee Hears Testimony on Moreno’s Landmark Bill to Cut Red Tape, Create More Housing Options Coloradans Can Afford

SB23-213 will implement a comprehensive plan to help create more housing now for every Colorado budget

DENVER, CO – Lawmakers on the Senate Local Government & Housing Committee today heard testimony on Senate Majority Leader Dominick Moreno’s, D-Commerce City, bill to cut red tape and create more housing options now that Colorado families can afford.

SB23-213 was heard for testimony only, and laid over for further action at a future hearing. Lawmakers listened to more than 250 Coloradans including families, local officials, and housing, climate, and transit advocates who spoke about how the bill - and the improved access to affordable housing it will create - will impact them.

“Every Coloradan deserves a safe and affordable place to live, and this proposal will create a smart, holistic approach to expand the menu of housing options families and communities are able to choose from,” said Moreno. “We heard lots of useful feedback on these ideas today, and I was encouraged to see the level of enthusiasm around this transformative policy. I am committed to addressing concerns stakeholders may have and finding a balance that works across Colorado. But one thing remains clear: working Coloradans are tired of being priced out of where they live, and we’re going to continue fighting to cut red tape and expand our housing supply so that Colorado families have a place to call home.”

SB23-213 is a comprehensive plan that establishes a framework for more housing in municipalities while providing flexibility for local leaders to implement standards that meet their community's needs. The proposal establishes ways for the state and local communities to work together to develop strategies to meet Colorado’s housing goals more broadly and to avoid regional imbalances in housing production.

The proposal also includes opportunities for local communities to implement solutions that address unique circumstances and build on prior local efforts that address housing abundance and affordability. By creating more housing supply, this proposal will lead to increases in home options for every budget so that Coloradans can live in the communities they want, without being priced out. The plan also helps improve air quality, protect open space, conserve water and plan for future growth while helping prevent displacement. 

The plan outlines goals to create more housing now including:

• Legalizing the ability to build more affordable housing types like ADUs, duplexes, triplexes, or townhomes.

• Incentivizing more multifamily housing in or near transit-oriented and walkable communities to lessen the number of cars on the road, improving air quality, reducing pollution, and saving people money on commutes. 

• Cutting red tape and reducing building limitations to decrease building time and cost and giving more options and flexibility for homeowners to build on their land. 

• Assessing statewide housing needs and identifying affordability strategies tailored to local and regional needs. The bill will provide a framework for state, regional, and local agencies to strategically align investments and policies and track progress.

• Constructing more homes and creating jobs by eliminating arbitrary laws that prevent property owners from building the housing units local communities need. 

SB23-213 is supported by Healthier Colorado, Healthy Air and Water Colorado, Centennial State Prosperity, Denver Metro Chamber of Commerce, Boulder Progressives, Bedrooms are for People, YIMBY Denver, YIMBY Fort Collins, Rocky Mountain NAACP, Alliance of Nurses for Healthy Environments, the Colorado Education Association, ProgressNow Colorado, Colorado Builds Better, Good Business Colorado, and the Colorado Hospital Association, among others.

Track SB23-213’s progress HERE.

Winter, Gonzales Bill to Address Harassment & Discrimination, Create Safer Workplaces Clears Committee

Protecting Opportunity & Workers’ Rights (POWR) Act will strengthen workplace protections, help keep Colorado workers safe

DENVER, CO – Landmark legislation sponsored by Senators Faith Winter, D-Westminster, and Julie Gonzales, D-Denver, that would improve safety and equity in the workplace by implementing critical anti-harassment and discrimination policies cleared the Senate Judiciary Committee today.

SB23-172, or the Protecting Opportunity & Workers’ Rights (POWR) Act, would update the definition of harassment and specify that harassment does not need to be “severe or pervasive” to constitute a discriminatory or unfair practice. The bill will also deter future harassment by modernizing language around non-disclosure agreements, expanding protections for people with disabilities, and adding marital status as a protected class.

“No Coloradan should face harassment or discrimination at the workplace, yet our state still lacks adequate policies to protect our workers and hold bad actors accountable,” Winter said. “This bill will take an important step forward in deterring bad behavior and better supporting survivors. By improving accountability measures and enhancing equity in the workplace, we will ensure that every Colorado worker can feel safe and secure on the job.”

“There is an urgent need to do more to protect Colorado workers from discrimination and harassment of all types,” Gonzales said. “It’s long past time we update and modernize Colorado law and put the power and protections on the side of the workers. The POWR Act will support Colorado workers and enhance equity in the workplace so that every Coloradan can earn a fair living free from fear of harassment or discrimination.”

The “severe or pervasive” standard was established by the U.S. Supreme Court more than three decades ago and assumes that some harassment is tolerable as long as it is not “severe” and does not happen frequently. It allows employers to tolerate a level of groping, touching, crude sexual or racist comments, and other offensive behavior despite the harm of such a toxic work environment on the targets of this offensive behavior.

Eliminating the excessive “severe or pervasive” hostile work environment requirements and replacing them with clear standards for “harass” and “harassment” considers the totality of the circumstances, and will allow survivors of discrimination and harassment to better pursue justice.

The POWR Act also removes the language in the Colorado Anti-Discrimination Act (CADA) that permits employers to discriminate against covered individuals or refuse to accommodate them if “the disability has a significant impact on the job”. 

Finally, the bill establishes an affirmative defense for an employer if the employer meets certain requirements, including establishing a harassment prevention program, taking prompt action in response to a complaint, and keeping records of any complaints.  

The POWR Act will now move to the Senate Appropriations Committee for further consideration. Track the bill’s progress HERE.

ICYMI: Exum Sr., Jaquez Lewis’ Bill to Allow Remote Participation in Eviction Proceedings Clears Committee

HB23-1186 would help more renters stay in their homes

DENVER, CO – Legislation sponsored by Senators Tony Exum Sr., D-Colorado Springs, and Sonya Jaquez Lewis, D-Longmont, that would allow renters to participate in eviction proceedings remotely cleared the Senate Finance Committee yesterday.

HB23-1186 would allow individuals in residential eviction cases to participate in court proceedings remotely, making it easier for folks facing eviction to defend themselves and ensuring fewer Coloradans receive a default judgment simply because they cannot attend their eviction hearing in person.

“We’re working hard to make sure more Coloradans can find and stay in homes, and this bill to provide improved protections for folks facing evictions is a big step towards that goal,” Exum, Sr. said. “Breaking down barriers to participation in eviction proceedings will make it easier for Coloradans to defend themselves and avoid being evicted simply for not being able to attend a hearing.”

“Colorado is in the midst of a housing crisis, and it’s critical we do everything we can to alleviate it and keep folks housed,” said Jaquez Lewis. “There are lots of reasons someone may be forced to miss their eviction proceedings, including lack of transportation or child care or a sudden emergency - but that doesn’t mean they should be evicted. Our bill will prevent no-shows, improve accessibility, and keep more Coloradans housed.”

Data collected from courts in other states shows that expanding access to participation in eviction cases reduces “no-show” rates and improves court procedures. HB23-1186 is expected to decrease the number of Coloradans with a no-show, default eviction by over 7,800.

HB23-1186 will now move to further consideration before the Senate Appropriations Committee. Track the bill’s progress HERE.

Zenzinger’s Bill to Improve Access to Special Education for Students in Foster Care Clears Committee

HB23-1089 removes barriers for foster care recipients who are enrolled in special education

DENVER, CO – Today, Senator Rachel Zenzinger’s, D-Arvada, bill to make it easier for children in the foster care system to continue receiving special education services cleared the Senate Education Committee. 

HB23-1089 modifies current law to direct resources toward the school district a foster child attends, rather than to the district they are geographically located in. The bill also creates a task force to identify and propose solutions to issues facing education for children in the foster care system.

“All Colorado students deserve a great education, and I am pleased to see my bill that reduces disruptions to special education for kids in foster care unanimously move out of committee," said Zenzinger. “Children in foster care face many challenges, and this bill will help us better support these students now and into the future.” 

The bill will remedy funding issues related to special education recipients in foster care. Current law allows foster children to continue attending the same school regardless of placement, and directs special education funds toward the school district where a foster child is located, rather than the district they attend, creating funding shortfalls and diminished services. HB23-1089 better aligns special education funding with school enrollment, allowing schools to better serve these students.

HB23-1089 now moves to the Senate floor for final consideration. To follow the bill’s progress, click HERE.

ICYMI: Exum Sr., Jaquez Lewis’ Bill to Allow Remote Participation in Eviction Proceedings Clears Committee

HB23-1186 would help more renters stay in their homes

DENVER, CO – Legislation sponsored by Senators Tony Exum Sr., D-Colorado Springs, and Sonya Jaquez Lewis, D-Longmont, that would allow renters to participate in eviction proceedings remotely cleared the Senate Finance Committee yesterday.

HB23-1186 would allow individuals in residential eviction cases to participate in court proceedings remotely, making it easier for folks facing eviction to defend themselves and ensuring fewer Coloradans receive a default judgment simply because they cannot attend their eviction hearing in person.

“We’re working hard to make sure more Coloradans can find and stay in homes, and this bill to provide improved protections for folks facing evictions is a big step towards that goal,” Exum, Sr. said. “Breaking down barriers to participation in eviction proceedings will make it easier for Coloradans to defend themselves and avoid being evicted simply for not being able to attend a hearing.”

“Colorado is in the midst of a housing crisis, and it’s critical we do everything we can to alleviate it and keep folks housed,” said Jaquez Lewis. “There are lots of reasons someone may be forced to miss their eviction proceedings, including lack of transportation or child care or a sudden emergency - but that doesn’t mean they should be evicted. Our bill will prevent no-shows, improve accessibility, and keep more Coloradans housed.”

Data collected from courts in other states shows that expanding access to participation in eviction cases reduces “no-show” rates and improves court procedures. HB23-1186 is expected to decrease the number of Coloradans with a no-show, default eviction by over 7,800.

HB23-1186 will now move to further consideration before the Senate Appropriations Committee. Track the bill’s progress HERE.

Local Government & Housing Committee Advances Trio of Bills to Increase and Retain Affordable Housing Stock, Strengthen Renter Rights

Bills would create opportunities for local governments to increase and preserve affordable housing stock, strengthen renters rights, and improve transparency for buyers and renters

DENVER, CO – Today the Senate Local Government and Housing Committee voted to advance a trio of bills that would increase and retain affordable housing stock, bolster tenant rights in rental agreements, and improve transparency around the presence of radon in residential properties.

“Whether it’s Steamboat Springs or Sedalia, housing is a top concern for Coloradans,” Winter said. “This year we’re taking bold action to tackle Colorado’s housing crisis from all angles. By preserving the affordable housing stock we already have and strengthening renters rights, Coloradans will be better positioned to find housing options that fit their budget, and sign rental agreements that preserve their comfort and safety.”

Sponsored by Senators Faith Winter, D-Westminster, and Nick Hinrichsen, D-Pueblo, the first bill, HB23-1095, prohibits most rental agreements from including certain provisions that waive important rights. 

“Too often, Colorado renters unknowingly sign rental agreements that waive important rights, contain legal traps, and tack on hidden fees,” said Hinrichsen. “HB23-1095 prohibits landlords from sneaking inflated charges or unfair provisions into rental agreements, ensuring Colorado renters aren’t taken advantage of or exploited.”

Prohibited provisions include:

• Any waiver of the right to quiet enjoyment of the property, which protects renters from landlords entering the property without notice and their right to have peace and quiet in their home;

• Any waiver of the right to a jury trial, unless all parties agree to waive a jury trial in a hearing to determine occupancy;

• Any waiver of the right to participate in a class action lawsuit;

• Penalties or charges if a renter does not provide notice of non-renewal unless the landlord incurred actual losses as a result; or

• Provisions to charge renters for both third party services that is in excess of 2 percent of the actual charge or a monthly administrative fee of $10, to cover these services

Landlords often profit from renters by including inflated third party charges like pest control and valet trash services in administrative fees. UnderHB23-1095, landlords would not be allowed to charge renters more than 2 percent of the actual charge to the landlord or $10, but not both.

Large rental companies often use a class action waiver to protect themselves from lawsuits by preventing renters from collectively pursuing legal action. Individual renters usually can’t afford a legal fight against a large rental company, which allows rental companies to get away with violations.

A second billsponsored by Sen. Winter would give local governments the chance to match an offer on a multifamily or mixed-use property, if they commit to maintaining the property as affordable housing for at least 100 years. To qualify underHB23-1190, the property must have been constructed more than 30 years ago and consist of fifteen or more residential units in urban counties and five or more residential units in rural or rural resort counties.

Sellers would be required to notify local governments of the intent to sell or of a potential sale. The local government would have 7 business days to exercise the right to first refusal and another 30 business days to make an offer on the property.

The State Demographersuggeststhat 40,950 new housing units need to be built every year between now and 2030 for the housing market to return to a healthy level, but projects that Colorado will only build around 35,000 per year between 2020 and 2030, demonstrating the need to maintain existing affordable housing options.

SB23-206, also sponsored by Sen. Winter, would require sellers or landlords to provide warnings about the dangers of exposure to radon and to disclose information about radon presence or mitigation at a residential property. If a seller or landlord fails to provide the required information, a buyer or tenant may take a cause of action against a seller or landlord.

All three bills now head to the Senate floor for further consideration.