Senate Approves Roberts’ Bill to Save Coloradans Money on Health Care, Lower Cost of EpiPens

Roberts: “This bill will limit out-of-pocket costs and make life-saving EpiPens much more affordable for working folks”

DENVER, CO – The Senate today passed legislation sponsored by Senator Dylan Roberts’, D-Avon, that would cap the cost of life-saving epinephrine auto-injector devices, more commonly known as EpiPens.

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. 

“Colorado families like the ones I represent on the Western Slope are getting charged an arm and a leg for the EpiPens they rely on to save their lives in emergency situations, and it’s unacceptable,” Roberts said. “Nobody should have to choose between paying the bills and affording their prescription drugs. This bill will lower costs and make life-saving EpiPens much more affordable for working folks.”

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 in 2021, 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.

HB23-1002 now moves back to the House for concurrence on amendments. Track the bill’s progress HERE.

Health Committee Approves Moreno’s Bill to Bolster Community Benefit Health Services

Moreno: “House Bill 1243 works to ensure the public’s concerns are heard when hospitals are determining what benefits to provide to their community”

DENVER, CO – Majority Leader Dominick Moreno’s, D-Commerce City, bill to bolster community benefit health services across Colorado cleared the Senate Health and Human Services Committee today.

HB23-1243 would center hospitals’ community benefit spending around local under-privileged communities by incorporating community feedback into the community benefit implementation plan and restricting the amount of out-of-state spending that can be counted as “community benefit” spending.

The bill would also require each reporting hospital to seek feedback from their community during its annual proposed community benefit implementation plan, submit a detailed report about any discussions or decisions at the annual meeting, make the report public, and execute a community benefit plan that addresses the needs of the community as discussed in the annual meeting to better understand the impact community benefit spending has on the health of Coloradans.

“Non-profit hospitals have the opportunity to provide much needed benefits back to their community,” said Moreno. “House Bill 1243 works to ensure the public’s concerns are heard when hospitals are determining what benefits to provide to their community. This bill requires greater transparency from hospitals about what benefits are being funded and how community feedback is being implemented, ensuring Coloradans have access to the unique services they need.”

Under the bill, the Department of Health Care Policy and Financing (HCPF) would be required to hold stakeholder meetings to ensure low-income residents, people of color, people with disabilities, people with serious mental illness, and others experiencing disproportionate health outcomes are fairly represented in a hospital’s community benefit spending plan. 

HCPF would also create an annual report that summarizes the estimated federal and state tax exemptions of each reporting hospital, establish a minimum annual community investment requirement, and sets compliance requirements for hospitals. HCPF would be able to apply corrective action or fines for reporting hospitals that do not abide by the guidelines set by this bill. 

Additionally, the bill would enhance existing public meeting requirements and ensure representation from the tribal councils and Urban Indian Organizations who have hospitals within their communities.

HB23-1243 now heads to the Senate floor for further consideration. You can follow the bill’s progress HERE.

Fields, Hansen Bill to Prevent Gun Violence, Crack Down on Ghost Guns Earns Committee Approval

SB23-279 will prohibit the possession, sale, or transfer of unserialized firearms, frames, and receivers

DENVER, CO – Legislation sponsored by Senators Rhonda Fields, D-Aurora, and Chris Hansen, D-Denver, aimed at preventing further gun violence and cracking down on “ghost guns” in Colorado cleared the State, Veterans, & Military Affairs Committee today. Ghost guns are unregulated, untraceable firearms that can be bought online and assembled at home, often through DIY kits or downloadable blueprints. They are designed to avoid all gun laws, and are available to purchase without a background check, serial number, sale record, or other protections.

SB23-279 will prohibit the possession, sale, or transfer of an unserialized firearm, frame or receiver. It also prohibits manufacturing a frame or receiver, unless done by a federally licensed firearm manufacturer, including via a 3D printer.

“Ghost guns are untraceable, unserialized weapons that anyone can make or assemble in their own home - and they’re extremely dangerous,” Fields said. “We’ve worked hard this session to make Colorado safer and prevent gun violence, and this bill is a big step towards reaching that goal. I’m proud to champion this legislation that will prevent ghost guns from causing further violence in our communities and create a safer Colorado for us all.”

“Right now it’s far too easy for young people in Colorado and others who shouldn’t possess firearms to access them, and ghost guns are a huge part of that problem,” Hansen said. “Nearly anyone can order the parts or have them 3D printed, and within minutes have access to a fully functional, untraceable firearm. By cracking down on ghost guns, we can get these dangerous weapons out of the hands of those who shouldn’t have them, reducing gun violence and increasing safety across our state.”

Under the bill, if an individual has an unserialized firearm, frame or receiver, they have until January 1, 2024 to have it serialized. It also prohibits the possession of a “machine gun conversion device”, which turns a firearm into a machine gun and imposes the same penalties as in current law for possessing a machine gun.

SB23-279 will now move to consideration before the full Senate. Track the bill’s progress HERE.

Bill to Improve Accountability & Transparency for Utilities, Save People Money on Energy Bills Clears Committee

Legislation will implement savings for ratepayers, level playing field at the PUC

DENVER, CO – Legislation sponsored by Democratic members of the Joint Select Committee on Rising Utility Rates Senate President Steve Fenberg, D-Boulder, and Lisa Cutter, D-Jefferson County, that would improve transparency and accountability for utilities and save people money on their energy bills cleared the Senate Finance Committee today.

SB23-291 presents a package of reforms to lower utility bills now and in the future. It rebalances what kinds of expenses are paid by utility shareholders vs. ratepayers, aligns incentives on fuel cost control, and levels the playing field at Public Utilities Commission (PUC) proceedings, where infrastructure plans are proposed and approved.

The bill would limit utility expenses that can be paid by ratepayers, such as lobbying and advertising, which would be more appropriately paid by company shareholders. It would also create a mechanism to incentivize utilities to save money on fuel costs, and allow the PUC to set a maximum monthly fuel cost to smooth out monthly bills and avoid sudden price shocks.

“Colorado families were hit hard this winter by unexpected and severe price shocks, which is why we convened the Joint Select Committee on Rising Utility Rates to investigate the causes and find solutions,” Fenberg said. “This bill will improve transparency and hold utilities more accountable to the ratepayers they serve while better aligning utility companies’ and Coloradans’ interests and expectations about their energy service. I’m excited to see our legislation that will help save Coloradans money on their energy bills move forward.”

“Our committee has been hard at work the past few months searching for answers and working to save people money on their energy bills,” said Cutter. “One thing quickly became clear, Coloradans are bearing the brunt of volatile rate increases while utility companies are empowered to set their own rules. This important legislation will help level the playing field at the PUC and create fairer processes in utility rate setting that will impact Coloradans today and for generations to come.”

Further, the bill would require utilities to report more detailed justification for their plans when they request a rate increase, which will help regulators and watchdogs make sure proposed investments are truly in the public interest. In addition, the bill empowers the PUC to reduce utilities’ use of expensive consultants and lawyers that argue on behalf of rate increases. 

SB23-291 now heads to the Appropriations Committee for further consideration. You can track the bill’s progress HERE.

Convened by President Fenberg and House Speaker Julie McCluskie, D-Dillon, in response to recent spikes in energy prices, the Joint Select Committee on Rising Utility Rates worked to better understand issues such as the impact of volatility in natural gas markets, the frequency and justification for rate increases sought by utilities, and other relevant factors.

Senate Approves Fenberg’s 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’s, D-Boulder, legislation aimed at increasing transparency and further improving Colorado’s gold standard elections cleared the Senate today.

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.”

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 election administrators at the state, county, and local level 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 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 now heads to the House for further consideration. Track the bill’s progress HERE.

Gonzales & Jaquez Lewis’ Bill To Reduce Local Government Participation in Immigrant Detention Clears Senate

HB23-1100 would end formal cooperation between ICE and Colorado sheriffs

DENVER, CO – Senators Julie Gonzales, D-Denver, and Sonya Jaquez Lewis’, D-Longmont, bill to prohibit local governments from providing space in jails and prisons to detain undocumented people for civil immigration purposes cleared the Senate today.

HB23-1100 would limit local governments' participation in immigration detention by prohibiting them from entering into certain contracts with U.S. Immigration and Customs Enforcement (ICE) and with private detention facilities. The bill also prohibits state and local governments from opening or facilitating new private immigration detention facilities.

“Over the past few years we have made significant progress to limit Colorado’s local governments’ involvement in federal immigration detention policies,” Gonzales said. “This bill takes us another step closer to ending involvement altogether, helping ensure we are living out our Colorado values and working to keep immigrant families in Colorado whole.”

“Right now, Colorado taxpayers are helping fund ICE facilities and detention,” said Jaquez Lewis. “This runs counter to the values of an overwhelming majority of Coloradans and it’s time to put an end to it. With this bill, we’re ensuring critical state dollars and resources are not being used to enforce federal policies that separate families and thrust undocumented people into dangerous detainment.”

In 2019, Gonzales passed legislation to prohibit state law enforcement officers from arresting or detaining people on federal immigration charges.

HB23-1100 now heads to the House for concurrence of amendments. You can follow the bill’s progress HERE.

Senate Approves Winter & Jaquez Lewis Bill to Ensure Patient Consent Protections for Intimate Exams

HB23-1077 would require licensed health care facilities to obtain a patient-signed consent form before intimate examinations are performed

DENVER, CO – Today the Senate approved Senators Faith Winter, D-Westminster, and Sonya Jaquez Lewis’, D-Longmont, bill to enact patient consent protections for intimate exams.

HB23-1077 would require health care professionals, students, medical residents and trainees to obtain informed consent from patients before performing intimate examinations, unless in emergency situations. In addition to consent, health care professionals would only be able to perform intimate examinations if it is pertinent to the planned procedure.

“Patients deserve dignity,” Winter said. “Right now, health care professionals jeopardize that by performing unauthorized intimate exams on patients. By requiring health care professionals to obtain consent from their patients before intimate exams are conducted, we’re ensuring patients are able to maintain control over their bodies, and maintain their dignity.”

“Creating patient consent protections for intimate exams is simply the right thing to do,” said Jaquez Lewis. “This important bill will ensure patients who have been put under anesthesia or who are unconscious during medical procedures aren’t unknowing or unwilling recipients of intimate exams.”

Across the country, medical students and residents are instructed to perform unauthorized intimate exams, including pelvic exams for educational purposes, on patients under medical sedation for unrelated surgeries. Patients are not able to consent to these procedures and can experience extreme physical and behavioral responses from the trauma of learning about this exam after it has happened.

HB23-1077 now heads back to the House for concurrence of amendments. You can follow the bill’s progress HERE.

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

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 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 people with disabilities 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 House for further consideration. Track the bill’s progress HERE.

Health Committee Votes to Advance Jaquez Lewis & Buckner’s Bill To Lower Prescription Drug Costs

HB23-1225 would increase PDAB’s impact and lower out-of-pocket prescription drug costs

DENVER, CO – Today the Senate Health and Human Services Committee voted to advance Senators Sonya Jaquez Lewis, D-Longmont, and Janet Buckner’s, D-Aurora, bill to increase the effectiveness of the Prescription Drug Affordability Board (PDAB) to help lower out-of-pocket prescription drug costs for Coloradans.

HB23-1225 would allow PDAB to increase the limit on setting Upper Payment Limits (ULPs) to 18 per year if the board reaches the current annual cap of 12 ULPs and demonstrates a need for additional ULPs. Additionally, the bill would improve the criteria for selecting drugs for an affordability review.

“Over the past few years we have worked hard to save Coloradans money on life-saving prescription drugs,” said Jaquez Lewis. “Still, too many families’ budgets are squeezed by high costs of medication. The Prescription Drug Affordability Board is an essential tool to keep Colorado prescription drug prices affordable, and these changes will make the Board even more effective at saving families money on their life saving medications.”

“House Bill 1225 makes important changes that will increase the impact of the Prescription Drug Affordability Board,” Buckner said. “Too many Colorado families are forced to choose between putting food on the table or paying for life-saving medication, and that has to change. I’m proud to be a part of the effort to continue saving Coloradans money on out-of-pocket prescription drug costs.”

In 2021, lawmakers created the Prescription Drug Affordability Board to evaluate and place upper price limits on the highest cost prescription drugs. 

HB23-1225 now heads to the Senate floor for further consideration. You can follow the bill’s progress HERE.

Senate Committee Approves Bill to Expand Access to Reproductive Health Care

SB23-284 would ensure coverage for 12 months of contraception

DENVER, CO – Legislation sponsored by Senators Jeff Bridges, D-Greenwood Village, and Jessie Danielson, D-Wheat Ridge, to expand access to contraception cleared the Health and Human Services Committee today with bipartisan support. 

SB23-284 would require both insurance plans and pharmacy benefit management companies (PBMs) to cover a year's supply of contraception, which can be dispensed at one time or in smaller amounts if requested. 

SB23-284 builds off HB17-1186, a bipartisan bill that ensured Coloradans can access 12 months of birth control. However, HB17-1186 hasn’t been complied with and many Coloradans can only access three months of birth control at a time. SB23-284 closes loopholes and helps ensure that both insurers and PBMs are complying with the requirement, and makes it easier for patients to obtain a year’s supply of birth control. 

"No one should have to ask for permission every month from their insurance company to not get pregnant," said Bridges. "I spoke with a woman during the election who spends more than an hour on the phone every month just getting her birth control prescription refilled. That's absurd. Today's bill protects the freedom of Coloradans to make health care choices on their own timeline."

“Whether folks live in rural areas or work odd hours, trips to the pharmacy can be inconvenient and difficult to make,” Danielson said. “With SB23-284, we’re tightening up restrictions so insurance companies and PBMs can’t skirt our laws, and ensuring patients can access 12 months of birth control. This bill will expand and improve access to reproductive health care across Colorado.” 

Data shows that dispensing one to three months of birth control at a time increases the likelihood of contraceptive discontinuation and makes it harder for folks to plan their pregnancies. Additionally, access to 12 months of birth control can prevent unplanned pregnancies.

SB23-284 now heads to the Senate floor. Follow the bill’s progress HERE.

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

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 today.

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 the Governor's desk. Track the bill’s progress HERE.

Senate Approves Bipartisan Bill to Improve Medical Price Transparency

Legislation to bolster consumer protections, increase transparency in health care

DENVER, CO – Today, the Senate passed Senator Julie Gonzales’, D-Denver, bipartisan bill to protect consumers and increase the transparency of medical prices.

SB23-252, cosponsored by Senator Kevin Van Winkle, R-Highlands Ranch, would require all hospitals to make a public list of the cost of all items and services provided to patients.

“Coloradans deserve to know what their medical bills will look like before going into treatment or surgery,” Gonzales said. “We’ve made great progress in our work to protect consumers and lower the costs of health care, but there’s still more we can do. It’s time to take the next step and increase medical price transparency so Coloradans aren’t blindsided with big bills after receiving care.”

Under this legislation, hospitals are required to maintain a public list of at least 300 shoppable services, which is a service that a patient can schedule in advance. If the hospital does not have 300 shoppable services, they must list all of the services they provide. Violations of SB23-252 would be a deceptive trade practice under the Colorado Consumer Protection Act.

This bill builds off of HB22-1285, which prohibits hospitals from pursuing debt collection action against a patient if the hospital failed to comply with federal hospital price transparency laws during the patient’s treatment.

SB23-252 now heads to the House for further consideration. Follow the bill’s progress HERE. 

Joint Select Committee Democrats Introduce Bill to Improve Accountability & Transparency for Utilities, Save People Money on Energy Bills

Legislation will implement savings for ratepayers, level playing field at the PUC

DENVER, CO – Democratic members of the Joint Select Committee on Rising Utility Rates yesterday introduced legislation that would improve transparency and accountability for utilities and save people money on their energy bills.

SB23-291 presents a package of reforms to lower utility bills now and in the future. It rebalances what kinds of expenses are paid by utility shareholders vs. ratepayers, aligns incentives on fuel cost control, and levels the playing field at PUC proceedings, where infrastructure plans are proposed and approved.

The bill would limit utility expenses that can be paid by ratepayers, such as lobbying and advertising, which would be more appropriately paid by company shareholders. It would also create a mechanism to incentivize utilities to save money on fuel costs, and allow the PUC to set a maximum monthly fuel cost to smooth out monthly bills and avoid sudden price shocks.

“Colorado families were hit hard this winter by unexpected and severe price shocks, which is why we convened the Joint Select Committee on Rising Utility Rates to investigate the causes and find solutions,” Joint Select Committee Chair Steve Fenberg, D-Boulder, said. “That’s why I am proud to introduce this legislation that will improve transparency and hold utilities more accountable to the ratepayers they serve. Senate Bill 291 will help to align utility companies’ and Coloradans’ interests and expectations about their energy service, while helping save Coloradans money on their energy bills ”

"Coloradans are counting on us to address skyrocketing utility costs, and as a Joint Select Committee, we’ve taken their concerns seriously as we worked to uncover the root causes of rising rates,” said Joint Select Committee Vice Chair Rep. Chris deGruy Kennedy, D-Lakewood. “After months of information gathering, we’re introducing legislation to change the incentive structure for utilities that will better protect ratepayers from sudden price hikes and ensure a more transparent PUC process for consumer interests.”

“Our committee has been hard at work the past few months searching for answers and working to save people money on their energy bills,” Joint Select Committee member Lisa Cutter, D-Jefferson County, said. “One thing quickly became clear, Coloradans are bearing the brunt of volatile rate increases while utility companies are empowered to set their own rules. This important legislation will help level the playing field at the PUC and create fairer processes in utility rate setting that will impact Coloradans today and for generations to come.”

"As a Joint Select Committee, we’ve been working diligently with policy experts, consumer advocates, and utility companies to uncover what is leading to rising utility rates that are impacting our neighbors,” said Joint Select Committee member Rep. Matthew Martinez, D-Monte Vista. “Our new legislation will create a pathway toward long-term, cost-saving solutions that will increase rate transparency and provide additional tools and tactics to limit price hikes that stick Coloradans with high, unpredictable utility bills.” 

Further, the bill would level the playing field at the PUC by requiring utilities to report more detailed justification for their plans when they request a rate increase, which will help regulators and watchdogs make sure proposed investments are truly in the public interest. In addition, the bill empowers the PUC to reduce utilities’ use of expensive consultants and lawyers that argue on behalf of rate increases. 

SB23-291 will be heard in the Senate Finance Committee. You can track the bill’s progress HERE.

Convened by President Fenberg and House Speaker Julie McCluskie, D-Dillon, in response to recent spikes in energy prices, the Joint Select Committee on Rising Utility Rates worked to better understand issues such as the impact of volatility in natural gas markets, the frequency and justification for rate increases sought by utilities, and other relevant factors.

Buckner’s Bipartisan Bill to Boost Early Childhood Care Providers Clears Senate

Legislation would provide a one-time bonus to providers participating in Colorado’s Universal Preschool Program

DENVER, CO – Today the Senate cleared Senator Janet Buckner’s, D-Aurora, bipartisan bill to support early childhood care providers through one-time bonus payments.

Cosponsored by Senator Janice Rich, R-Grand Junction, SB23-269 would fund one-time bonus payments for early childhood care providers participating in Colorado’s Universal Preschool Program (UPK). The bonuses must be used to implement the Universal Preschool Program, or to maintain or expand infant and toddler care capacity.

“Access to quality early childhood education not only supports critical early development and future educational outcomes for Colorado kids, but also the very well-being of families across our state,” Buckner said. “These one-time bonuses are a much deserved thank you to the early childhood care providers working to get Colorado’s Universal Preschool Program up and running. I look forward to watching UPK benefit Colorado’s youth this fall and for generations to come.”

Providers may receive an additional bonus payment if they maintain or increase their capacity to serve infants and toddlers between April 1, 2022 and April 1, 2024, or are in low-capacity preschool areas.

The bill would transfer $2.5 million from the General Fund to the Colorado Universal Preschool Program Provider Participation Bonus Program, housed within the Department of Early Childhood.

SB23-269 now heads to the House for further consideration. You can follow the bill’s progress HERE.

Committee Advances 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 – The Senate Local Government & Housing Committee today voted to advance 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 is a comprehensive bill 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.

“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 can choose from,” said Moreno. “I’m pleased to see this bill move forward, and I’m excited to continue fighting to cut red tape, expand our housing supply, and improve affordability so that more Colorado families have a place to call home.”

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 strategies 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. 

The bill was amended in committee to provide more flexibility for municipalities, among other changes. Tier 1 municipalities will now need to allow middle housing in at least 30 percent of the areas where they allow single-unit dwellings, or the total area of their key corridors and transit-oriented areas, whichever is greater. 

Municipalities will gain the flexibility for where to locate zones for middle housing, but must do so based on their displacement risk analysis, and are encouraged to locate middle housing near transit and in walkable neighborhoods.

SB23-213 will now move to further consideration before the Senate Appropriations committee. Track the bill’s progress HERE.

Buckner Bill to Make Colorado Safer, Extend Successful Public Safety Programs Clears Committee

Buckner: “I’m proud to champion these important programs, and I look forward to creating a safer Colorado for us all.”

DENVER, CO – Legislation sponsored by Senator Janet Buckner, D-Aurora, that would extend and expand key public safety programs cleared the Senate Local Government & Housing Committee today.

SB23-277 would extend the Safer Streets Grant Program created by SB22-001, and make changes to a pair of public safety programs established by SB22-145 to expand their reach and help law enforcement officials recruit and retain more officers in order to keep Colorado safe.

“Every Coloradan deserves to feel safe - but right now too many of our neighbors don’t have that luxury,” Buckner said. “We worked hard last year to implement evidence-based solutions to improve public safety, and this bill will strengthen and expand those critical programs. I’m proud to champion these important programs, and I look forward to creating a safer Colorado for us all.”

SB23-277 extends the Safer Streets Grant Program and allows the $10.3M appropriated last year to be expended past FY 2022-2023. The Safer Streets Grant Program helps local governments make critical upgrades to neighborhoods, such as better lighting for increased visibility and improved design of the built physical environment, that help prevent crime and create safer communities.

SB23-277 also makes changes to two grant programs created by SB22-145. The bill would allow grants from the Law Enforcement Workforce Recruitment, Retention & Tuition Grant Program to be used for child care for peace officers, Diversity, Equity, and Inclusion training, partnerships with schools to develop internship programs or youth programs, and education campaigns for law enforcement recruitment assistance.

SB23-277 makes similar changes to the State’s Mission for Assistance in Recruitment and Training (SMART) grant program, allowing grants to be used for the same purposes added to the other two grant programs. SMART grants help local law enforcement agencies recruit and train officers that better represent the communities they serve.

SB23-277 will now move to the Senate floor for further consideration. Track the bill’s progress HERE.

ICYMI: Judiciary Committee Advances Gonzales Bill On Admissibility Standards for Youth Interrogations

Legislation would bar juveniles’ statements from being admitted in court if law enforcement used deceptive practices during interrogation

DENVER, CO – Yesterday the Senate Judiciary Committee voted to advance Senator Julie Gonzales’, D-Denver, bill to bar a juvenile’s statement from being admitted in court if law enforcement used deceptive practices during a custodial interrogation.

HB23-1042 would make a juvenile’s statement inadmissible in court if a law enforcement official knowingly uses untruthful practices during a custodial interrogation, unless the prosecution can prove that the statement was made voluntarily despite the deception. It would require an interrogation to be recorded and would allow a judge to use the recording to determine if the statement or admission is voluntary and admissible.

“False confessions harm the person giving the confession as well as our public safety,” Gonzales said. “Currently, Colorado law tells us that we are okay with law enforcement lying to children; that we are okay with innocent children ending up behind bars. This year, we have an opportunity to do right by Colorado’s kids. I’m proud to carry this critical legislation which will help prevent kids from having permanent records over false confessions and ensure law enforcement is keeping our communities safe by finding the correct perpetrator of crimes.”

The bill would allocate $30,000 to fund juvenile interrogation training for law enforcement to improve understanding of juvenile development, strengthen techniques for building rapport with juveniles, and reduce the likelihood of false confessions.

HB23-1042 now heads to the Appropriations Committee for further consideration. You can follow the bill’s progress HERE.

Senate Approves Legislation to Ensure Protections for Native American Children

SB23-211 would protect Native American children in cases of guardianship and adoption if the Supreme Court strikes down all or part of the Indian Child Welfare Act

DENVER, CO – Legislation sponsored by Majority Leader Dominick Moreno, D-Commerce City, and Senator Jessie Danielson, D-Wheat Ridge, to ensure protections for Native American children in cases of adoption and guardianship passed the Senate today.

The Indian Child Welfare Act of 1978 (ICWA) is a federal law that governs the removal and placement of American Indian and Alaska Native children as well as parental termination, and delineates the roles of state and tribal governments in child welfare cases. ICWA was enacted to protect the best interests of Native American children and keep them connected to their families and tribes in cases of separation.

ICWA is currently being challenged in the Supreme Court, which could strike down all or part of the law. SB23-211 would adopt ICWA into state law to ensure that Native American children continue to be protected in cases of guardianship and adoption if the law is struck down fully or partially on the federal level.

“For decades, the Indian Child Welfare Act has been recognized as the gold standard in child welfare practice by experts,” said Moreno. “Now that anti-tribal interests who want to undermine tribal sovereignty have made their way to the Supreme Court, it’s vital that we act immediately to protect Indigenous kids on a state level. This bill puts the best interests of Native American children first, and promotes the stability and security of tribes and families.” 

“The Indian Child Welfare Act was created – and is vitally needed – to address longstanding and egregious removal practices targeting Native American children,” Danielson said. “The Supreme Court has already demonstrated that they will overturn decades of legally rock-solid precedent. Not a single Tribal Nation, independent Native organization, or independent child welfare organization supports striking down ICWA. Colorado needs this safety net in place to protect kids from familial and tribal separation in case ICWA falls.”

ICWA was enacted in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. In the 1970’s, studies revealed that 25 to 35 percent of all Native American children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies. Of those separated, 85 percent were placed outside of their families and communities into non-Native American households – even when fit and willing relatives were available. Since ICWA’s enactment, the law has been successful in keeping Native American children in their families and communities, and ensuring the children’s rights are protected. 

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.

SB23-211 now heads to the House for further consideration. Follow the bill’s progress HERE.

Senate Passes Bipartisan Bill to Bolster Water Restoration Projects

Legislation would streamline projects that improve the environmental health of water resources

DENVER, CO – Today, the Senate passed Senator Dylan Roberts’, D-Avon, bipartisan bill to help restore natural water streams. 

Stream restoration projects are vital in protecting water supplies, restoring habitats, and recovering from drought, fire, and floods. SB23-270, cosponsored by Senator Cleave Simpson, R-Alamosa, would create a more streamlined process for stream restoration projects to move forward. 

“Healthy stream systems improve wildfire resilience, watershed health, and flood safety, plus they support our local economies and farmlands,” said Roberts. “Coloradans want to restore damaged streams in their communities, but too many projects face legal roadblocks and funding challenges that halt these critical projects. This bipartisan bill will simplify the process to complete stream restoration projects, allow access to federal water funding and ultimately, help secure our state’s water future.”

Currently, certain stream restoration projects could be considered an out-of-priority diversion of water, creating an uncertain or impossible path for those projects to proceed. The bill constitutes an important first step by creating a rebuttable presumption that a minor stream restoration project doesn’t impede on downstream water rights – thus allowing smaller projects to move forward without administration by the Division of Water Resources, while the community continues to explore solutions for larger projects. A rebuttable presumption is an assumption made by a court that is taken to be true unless proven otherwise. 

The legislation outlines stream restoration projects as those with the purpose of wildfire or flood mitigation; bank stabilization; water quality protection or restoration; habitat, species, or ecosystem restoration; infrastructure protection, and more. 

SB23-270 now heads to the House for further consideration. Follow the bill’s progress HERE. 

Gonzales & Jaquez Lewis’ Bill To Reduce Local Government Participation in Immigrant Detention Clears Committee

HB23-1100 would end formal cooperation between ICE and Colorado sheriffs

DENVER, CO – Today the Senate Judiciary Committee voted to advance Senators Julie Gonzales, D-Denver, and Sonya Jaquez Lewis’, D-Longmont, bill to prohibit local governments from providing space in jails and prisons to detain undocumented people for civil immigration purposes.

HB23-1100 would limit local governments' participation in immigration detention by prohibiting them from entering into certain contracts with U.S. Immigration and Customs Enforcement (ICE) and with private detention facilities. The bill also prohibits state and local governments from opening or facilitating new private immigration detention facilities.

“Over the past few years we have made significant progress to limit Colorado’s local governments’ involvement in federal immigration detention policies,” Gonzales said. “This bill takes us another step closer to ending involvement altogether, helping ensure we are living out our Colorado values and working to keep immigrant families in Colorado whole.”

“Right now, Colorado taxpayers are helping fund ICE facilities and detention,” said Jaquez Lewis. “This runs counter to the values of an overwhelming majority of Coloradans and it’s time to put an end to it. With this bill, we’re ensuring critical state dollars and resources are not being used to enforce federal policies that separate families and thrust undocumented people into dangerous detainment.”

In 2019, Gonzales passed legislation to prohibit state law enforcement officers from arresting or detaining people on federal immigration charges.

HB23-1100 now heads to the Senate floor for further consideration. You can follow the bill’s progress HERE.