ICYMI: Pair of Comprehensive Bills to Slash Ozone Emissions, Deliver Cleaner Air Clear Committee

In 2022 the EPA downgraded the Denver Metro and North Front Range to a ‘severe’ nonattainment zone

DENVER, CO – Yesterday, the Senate Transportation & Energy Committee approved two bills to improve Colorado’s air quality and better the health of communities and the environment in ozone-impacted areas. 

Colorado’s Denver Metropolitan and North Front Range ozone nonattainment zone has been in violation of federal air quality standards for ozone since 2012. As there are many diverse causes to ozone emissions, SB24-165, sponsored by Senators Kevin Priola, D-Henderson, and Lisa Cutter, D-Jefferson County, would instate a multi-pronged emissions reduction approach. The bill would do the following:

• Require a pause in oil and gas pre-production activities for three months during ozone season;
   

• Codify Governor Polis’ nitrogen oxides (NOx) emissions reduction executive order, which directs state agencies to reduce NOx emissions 50 percent by 2030;
   

• Create a public database for the Colorado Department of Public Health and Environment (CDPHE) and the Energy and Carbon Management Commission of oil and gas air emissions data; and
   

• Clarify that the motor vehicle emission budgets developed for NOx and volatile organic compounds in the ozone nonattainment State Implementation Plan must decline starting in 2030 and every five years after for on-road and non-road mobile sources.

“Communities like those I represent up and down the Front Range have had to bear the consequences of unhealthy ozone levels for far too long,” said Priola. “We must take action now to reverse the effects of climate change and preserve our environment, including improving our air quality. Due to the complexity of air pollution and the wide array of sources that cause our high ozone emissions, we must tackle this problem in a holistic way – which is exactly what these bills aim to do.”

“Fifty-eight percent of Coloradans live in the nine-county area that experiences unhealthy ozone levels in the summer,” Cutter said. “Toxic ozone levels have far reaching health impacts, including shortness of breath, asthma attacks, increased risk for respiratory diseases, and lower birth weights for children born in high-ozone areas. While Colorado has worked hard to address the ozone problem, we need even more, faster action to reduce these harmful emissions.” 

The second bill, SB24-166, sponsored by Priola and Assistant Majority Leader Faith Winter, D-Broomfield, would strengthen enforcement of state and local air quality regulations. Under the current level of enforcement, the state is predictably falling further and further behind federal ozone air quality standards.

SB24-166 would create a “repeat violator” category for any polluter that violates Air Pollution Control Division's (APCD) regulations five times over three years, and requires mandatory fines for further violations by that repeat offender. Additionally, agencies would have to issue a compliance order for known high-frequency violators and violators would be required to take active steps to reduce emissions.

“Colorado has struggled to reduce air pollution for too long, leaving disproportionately impacted communities to suffer the worst impacts from toxic ozone levels,” said Winter. “The leniency in our current enforcement system fails to stop polluters from repeating their violations, which allows these polluters to keep degrading our air quality with nothing more than a slap on the wrist. This puts local residents’ health at risk – especially folks from historically marginalized communities. The stakes for cutting ozone emissions have never been higher, so it’s time we ramp up the consequences for repeat violators and deliver cleaner, healthier air for Coloradans.”

In February 2024, Suncor oil refinery paid a fine of $2.5 million for three years of air quality violations, when they could have been fined up to $30 million. The settlement represents just 0.04 percent of Suncor’s net profit. Because of the lax enforcement and penalties, the bill would increase the maximum fines local governments can impose for violations of local air quality regulations, with higher penalties for disproportionately impacted communities. 

Finally, SB24-166 would create a right for the public to enforce APCD’s regulations against any polluter if the APCD fails to do so.

SB24-165 and SB24-166 both head to the Senate Finance Committee for further review. Follow their progress HERE and HERE, respectively.

JOINT RELEASE: Legislation to Protect Streams, Rivers and Wetlands in Colorado Introduced

DENVER, CO – House Speaker Julie McCluskie today introduced legislation to restore critical protections for Colorado’s streams, rivers and wetlands. HB24-1379 is also sponsored by Senator Dylan Roberts and Representative Karen McCormick.

“This Colorado approach to protecting our streams, rivers and wetlands will provide certainty to communities, sustain our water quality, and ensure future generations can enjoy the great Colorado outdoors we all love,” said Speaker Julie McCluskie, D-Dillon. “Clean water is our most precious resource on the Western Slope–necessary for everything from our booming outdoor recreation economy and agriculture industry to high country breweries, ski resorts and increasing household demand. I’m proud Colorado is stepping up to secure our water future after the Supreme Court removed important protections and left our waterways in jeopardy.”

“Protecting Colorado's threatened water supply is a key priority for the communities I represent on the Western Slope, and is far too important to be left in limbo, which is why we're taking action now," said Senator Dylan Roberts, D-Frisco. "This critical bill will help us protect our precious water resources while appropriately balancing the agricultural and community needs in our state."

“Water is a precious resource and is critical to our economy and way of life. I am committed to protecting Colorado’s water today and building a more water-efficient, sustainable, and resilient future. Today, we further our commitment to protect Colorado’s water for the next generation of Coloradans,” said Governor Polis.

The Clean Water Act authorizes the EPA to define waterways of the United States and the Army Corps of Engineers to regulate discharges from dredge and fill activities into waters that meet that definition. The May 2023 US Supreme Court decision in Sackett v. EPA redefined what constitutes waters subject to federal regulation and placed an estimated 60 percent of Colorado wetlands at risk of losing protections.

“Protecting our vital freshwater resources is one of the most important things we can do as Colorado lawmakers,” said Rep. Karen McCormick, D-Longmont. “Everyone from our farmers and ranchers to the native plants and animals that call Colorado home, rely upon our rivers, streams and wetlands. This important legislation provides certainty and clarity for businesses and landowners while protecting Colorado’s watersheds–securing our water future for generations to come.”

The legislation introduced today protects Colorado waters that are not federally protected. The permitting framework is based on well-established approaches already used by the Army Corps of Engineers and will provide clarity on when a permit is needed. Normal farming and ranching activities, such as plowing, farm road construction, and erosion control practices would not require a permit.

"As demands on water resources increase, and the impacts of climate change become more pronounced, Colorado will be wise to step up its efforts in wetland preservation," said Gregory Hill, fourth-generation farmer, Yuma County. "Speaker McCluskie and Senator Roberts are stepping up where the courts have left off. I applaud their leadership to fill in the gap in regulation left by the Supreme Court, and to regulate and preserve our wetlands and all the benefits provided by them.

Until the recent decision, the Army Corps’ permitting program safeguarded the vast majority of Colorados’ state waters from pollution caused by dredge and fill activities. Dredge and fill activities involve digging up or placing dirt and other fill material into wetlands or surface waters as part of construction projects. These operations are necessary in many infrastructure projects including roads, bridges, housing developments, flood mitigation, and utility pipelines. The legislation provides a way for these projects to move forward and to protect Colorado’s water resources.

"As the owner of a brewery in a resort town I depend on cold, clean water to craft award-winning beers. Clean water allows me to run my business, create jobs and contribute sales tax revenue for my community. Our town depends on clean water for a multitude of tourist activities that bring people from all over the world. We need to protect our waterways and wetlands. House Speaker Julie McCluskie and Senator Dylan Roberts' bill is a needed remedy to a terrible decision by the U.S. Supreme Court," said Tom Caldwell Co-owner and Head Brewer at Big Trout Brewing Company, Winter Park, Colorado.

"The Supreme Court’s Sackett decision threatens my community's water supply and resilience to climate change, especially those already living with disproportionate impacts of polluted water," said Steve O'dorsio, Adams County Commissioner (District 4) and member of Governor Polis' WOTUS Task Force. "I applaud Speaker McCluskie and Senator Roberts for introducing HB24-1379. This legislation creates regulatory certainty allowing for responsible development to occur in a manner that also protects the wetlands and streams which are critical to providing safe, affordable, drinking water for all."

Roberts’ Bills to Improve Consumer Health Insurance Protections, Increase Availability of Telehealth Services Clear Committee

Roberts: “The bills advanced today ensure that Coloradans won’t be nickel-and-dimed if their health insurance provider goes out of business, and that folks in rural areas have access to high-quality telehealth and remote health monitoring services.”

DENVER, CO – Today, the Senate Health and Human Services Committee advanced two bills sponsored by Senator Dylan Roberts, D-Frisco, that would improve consumer health insurance protections and increase access to telehealth services in rural and underserved areas.

“Coloradans in my district know firsthand how challenging and expensive it can be to access critical health care services,” said Roberts. “During my time in the legislature, I’ve worked hard to implement protections for Colorado patients and providers and deliver high-quality, affordable health care services to underserved areas. The bills advanced today ensure that Coloradans won’t be nickel-and-dimed if their health insurance provider goes out of business, and that folks in rural areas have access to high-quality telehealth and remote health monitoring services.”

HB24-1258 would ensure that Coloradans whose old insurer leaves the marketplace is credited for all out-of-pocket expenses, including deductibles and prescription drugs. The legislation comes as a direct response to the Friday Health Plans shutdown and would protect and save Coloradans money by not requiring them to pay health insurance deductibles twice.

The second bill, SB24-168, would increase the availability of telehealth monitoring services in rural and underserved areas. Co-sponsored by Senator Cleave Simpson, R-Alamosa, the bill would direct the Department of Health Care Policy and Financing (HCPF) to reimburse the use of telehealth monitoring for outpatient services for Medicaid patients and provide coverage for continuous glucose monitoring devices.

Additionally, the bill would create a grant program to assist rural and shortage area providers in obtaining remote telehealth monitoring equipment. Funds from the grant program could also be used for providers training staff on utilizing remote monitoring equipment.

Both bills now move to the Appropriations Committee for further consideration. Track HB24-1258’s progress HERE and SB24-168’s progress HERE.

Bipartisan Zenzinger Bill to Improve Care for Foster Children Passes Senate

SB24-008 would support kinship placement and care for foster children

DENVER, CO – Today the Senate voted to advance Senator Rachel Zenzinger’s, D-Arvada, bipartisan bill to improve kinship care options for foster children in Colorado.

SB24-008, also sponsored by Senator Barbara Kirkmeyer, R-Weld County, would provide additional resources to families and kin who are willing to care for a child involved in the child welfare system. The bill would extend foster care certification to kinship placements, allowing families to access training, resources, and financial assistance to help meet the basic needs of children in their care. 

“We know that relatives are often the best placement option for children involved in the child welfare system,” Zenzinger said. “This bill will help close the kinship gap by giving families and kin access to similar resources as other foster placements. Ultimately, this bill is about providing the support and stability that our children and youth in care deserve.”

Kinship placements maintain family connections and provide normalcy for children who have been removed from their homes. Kinship care can promote safer and faster reunification with parents, and prevent further long-term involvement in the child welfare system. The bill is a result of recommendations from the 2023 Colorado's Child Welfare System Interim Study Committee Report.

SB24-008 now heads to the House for further consideration. You can follow the bill’s progress HERE.

Coleman’s Bill to Examine Impacts of Systemic Racial Inequities Clears Senate

Coleman: “This is an important opportunity for our state, and I am looking forward to continuing this conversation so we can begin to repair the damage and create a better and more equitable future for all Black Coloradans.”

DENVER, CO – The Senate today advanced legislation sponsored by Senate President Pro Tempore James Coleman, D-Denver, that would create a study to examine racial disparities and the impact of systemic racism on Black Coloradans.

SB24-053 would establish a commission to oversee the study with History Colorado conducting historical research across areas like economic mobility, housing, education, health care and the criminal justice system. 

“Black Coloradans have been living with the impacts of systemic and historic racism – and the structural inequities that have resulted from it – for decades,” Coleman said. “Studying that painful legacy is the first step towards addressing it, and would give us a deeper understanding of the impacts of past and current racial discrimination and policies on our community. This is an important opportunity for our state, and I am looking forward to continuing this conversation so we can begin to repair the damage and create a better and more equitable future for all Black Coloradans.”

The study would also include an economic impact analysis of the racial discrimination determined by the study. 

SB24-053 will now move to the House for further consideration. Track the bill’s progress HERE.

Senate Approves Kolker, Hansen Bill to Save Older Coloradans Money, Make Senior Homestead Property Tax Exemption Portable

SB24-111 would help more Coloradans age in place

DENVER, CO – Legislation aimed at saving older Coloradans money on their property taxes by making the senior homestead property tax exemption portable cleared the Senate today.

Sponsored by Senators Chris Kolker, D-Centennial, and Chris Hansen, D-Denver, SB24-111 would create a new subclass of property called "qualified-senior primary residence real property" for an individual that has previously qualified for a senior homestead exemption but has moved to a new home.

“Spiking housing prices are hitting Coloradans hard - and it’s particularly tough for seniors on fixed incomes,” Kolker said. “Our state is number one in the nation for housing instability among people over the age of 65. Allowing seniors to carry this important benefit with them when they move will save older Coloradans thousands of dollars on their property taxes and help them age in place with the dignity they deserve.”

“Too many older Coloradans who would like to downsize or move are reluctant because they would lose their exemption under the current rules,” Hansen said. “Making the senior homestead exemption portable gives seniors the freedom to downsize or sell their home without facing a higher tax bill and will help older Coloradans stay independent.”

For this new subclass of property—qualified-senior primary residence real property—the bill sets the assessed value of the property as the actual value minus 50 percent of the first $200,000 of that actual value, which is consistent with the exemption under the senior homestead exemption.

SB24-111 will now move to the House for further consideration. Track the bill’s progress HERE.

Committee Advances Roberts’ Bipartisan Suicide Prevention Bill

Legislation would ban the sale of high-potency sodium nitrite products to prevent suicides

DENVER, CO – Today, the Senate Business, Labor, and Technology Committee advanced Senator Dylan Roberts’, D-Frisco, bill to prevent suicides by regulating the sale of sodium nitrite products to Coloradans.

Co-sponsored by Senator Byron Pelton, R-Sterling, HB24-1081 would ban the sale or transfer of high-potency sodium nitrite products, those that contain 10 percent or greater of sodium nitrite, thereby restricting sales solely to businesses with a verified commercial need. The bill would also require warning labels on approved products to highlight sodium nitrite’s lethality. 

“Colorado tragically has one of the highest rates of suicide in the country, with a particularly alarming high number of suicide deaths among Colorado’s youth,” said Roberts. “In recent years, we have seen a disturbing trend where people struggling with suicidal ideation and seeking help online are winding up in a web-based wasteland that offers advice on “how to” take one’s own life. This bill seeks to restrict the availability of the extremely potent sodium nitrite chemical and appropriately highlight its lethality so that we can restrict this means of suicide and save lives.”

Sodium nitrite “suicide kits” are easily accessible online and have reportedly been used by Colorado residents, especially youth, in recent years. Websites that sell these kits often have step-by-step instructions on how to use sodium nitrite to complete suicide.

Under the bill, sellers would be required to verify that commercial businesses require the product before a transaction could be made, and records of sales or transfers must be kept for three years. Violators would face $10,000 in civil penalties for a first violation, and up to $1 million for a second violation.

The bill now moves to the Senate floor for further consideration. Follow its progress HERE.

Fenberg, McCluskie Introduce Bill Aimed at Establishing Passenger Rail for Colorado

Legislation creates dedicated funding to leverage historic federal investment from the bipartisan Infrastructure Investment and Jobs Act for reliable, safe, and convenient passenger rail in Colorado

DENVER, CO – As part of their ongoing work to reduce congestion on our roads, cut emissions and deliver reliable, efficient transportation options in Colorado, Senate President Steve Fenberg, D-Boulder, and House Speaker Julie McCluskie, D-Dillon, today introduced legislation that aims to leverage millions in federal infrastructure funding to bring passenger rail service to Colorado and expand public transportation options across the state. 

SB24-184, also sponsored by Senator Janice Marchman, D-Loveland, and Representative Andrew Boesenecker, D-Fort Collins, would implement a congestion reduction fee that would be used to offset climate impacts and mitigate the congestion, and wear and tear on Colorado’s roads caused by rental vehicles. Proceeds from the fee would create a sustainable funding source to be used as a matching source for federal investment opportunities for statewide transit and rail, as well as other forms of public transportation.

“For years Coloradans have been waiting for the promise of a fast, efficient passenger rail system that makes it easy, safe, and affordable to travel all across our great state,” Fenberg said. “Now, with the availability of critical federal funds through President Biden’s Infrastructure Investment and Jobs Act, we have a once-in-a-generation opportunity to deliver on that promise. I am excited to champion this effort that will secure more efficient transit options while cutting emissions, reducing traffic, and connecting communities across Colorado.” 

“We’re capitalizing on the recent historic federal infrastructure investments to build an expanded passenger rail system, creating new transit options for Coloradans from the Front Range to the Western Slope,” McCluskie said. “Mountain rail will reduce traffic, expand housing options for workers and make it easier for Coloradans to get where they need to go while helping us meet our climate goals. This legislation will boost our economies, create jobs and move us forward by making passenger rail a reality for communities across our state.”

“Expanding our transit system and making it easier for folks in my district to travel across our great state is a key priority of mine at the Capitol,” said Marchman. “Expanding passenger rail service will connect communities like mine with the rest of the state and save people both time and money on their commutes, all while emitting less pollution and reducing traffic. I am incredibly excited about this opportunity to expand our transit options so that more Coloradans can get where they need to go safely and efficiently." 

“Building a Front Range passenger rail system has been a dream of many Coloradans for decades, and it’s exciting that we have the opportunity to connect Coloradans from Fort Collins all the way down to Pueblo,” said Boesenecker. “This legislation would give Coloradans more travel options besides our over-crowded highways, reducing traffic, saving money and reducing our carbon emissions. We’re one step closer to creating a passenger rail system that Coloradans have been asking for.”

The bill would encourage RTD, Front Range Passenger Rail, and the Colorado Department of Transportation (CDOT) to coordinate efforts to secure the funding needed to establish passenger rail service from Denver to Fort Collins, while exploring near-term opportunities to fund regional transit and rail projects along the Front Range and up to the mountains. 

It would also direct the Colorado Transportation Investment Office to use three studies in the near term to fund regionally important transit and rail services originating from the Front Range Passenger Rail Service Development Plan, the Mountain Corridor Service Development Plan, and the Statewide Connectivity study that aims to build a more comprehensive statewide bus system, building on the successes of Bustang, Snowstang and Pegasus.

Finally, the bill encourages CDOT to consider public-private partnerships and other innovative funding structures throughout the state to fund a full suite of multimodal infrastructure projects, including bus and passenger rail, and would require a new, multimodal strategic capital plan that aligns with CDOT’s ten-year plan, statewide transit plans, greenhouse gas pollution reduction goals, and other greenhouse gas reduction priorities and pollution reduction planning standards. 

Colorado transit advocates and business leaders applauded the legislation:

"Trains and buses give Coloradans more travel options to get around the state, their city and their community," said Danny Katz, Executive Director of CoPIRG. "More and better transit options allow people to choose to take the bus or train to the places they want to go safely and with less pollution, hassle and costs. I'm glad the Governor and legislative leaders are committed to going big on transit in 2024 from statewide rail to eliminating fares for youth riders to expanding the frequency of local service."

“We are taking a visionary approach to allow for the reintroduction of passenger rail to our Front Range and mountain communities. With much of the railway infrastructure in place and access to federal funding, the opportunity is now,” said Rob Perlman, Executive Vice President Alterra Mountain Company. “With this nominal fee, Coloradoans and our guests will have access to sustainable transportation to our mountains aboard passenger rail.”

"GreenLatinos supports expanded public transportation to tackle pollution and emissions, prioritizing vulnerable communities reliant on transit. We're dedicated to mitigating negative impacts, such as noise and air pollution, on those living closest to train routes," said Ean Thomas Tafoya, GreenLatinos Colorado State Director.

“The vision of FRPR is to unite the entire Front Range with passenger rail, recognizing that we must capitalize on every opportunity to deliver each piece of the system when we can,” said Chris Nevitt, Board Chair of Front Range Passenger Rail District. “We are deeply appreciative of the support and collaboration of the state assembly and the governor’s office to bring creative solutions to the table – to deliver the train to Fort Collins sooner than anyone thought possible, and to lay a stronger foundation for delivering the train to Pueblo and Trinidad as well.”

SB24-184 will be heard in the Senate Transportation & Energy Committee in the coming weeks. Track the bill’s progress HERE.

Senate Passes Gonzales, Exum Bill to House More Coloradans, Remove Unnecessary Occupancy Limits

Legislation aims to increase housing options & affordability 

DENVER, CO – Today the Senate approved legislation with bipartisan support to prohibit local governments from implementing or enforcing residential occupancy limits based on familial relationship except for health and safety reasons.

HB24-1007, sponsored by Senators Julie Gonzales, D-Denver, and Tony Exum, D-Colorado Springs, would prohibit local governments from limiting the number of people who can live together based on family status, with two exceptions. Limits would be permitted based on affordable housing program guidelines or demonstrated health and safety standards, such as fire code regulations, wastewater and water quality standards, or international building code standards.

“Ending discriminatory occupancy limits is a great way to break down housing barriers and create a more equitable market,” said Gonzales. “These limits disproportionately affect historically marginalized communities that may have diverse family structures. It’s time we lift outdated occupancy limits and give Coloradans a wider range of housing options.”

“Strict occupancy limits can reduce housing options and push folks out of their communities,” said Exum. “Prohibiting occupancy limits would give residents the freedom to choose their living situations and who they live with. With this bill, we can allow families to live in a structure that’s best for them – without the interference of occupancy limits.”

Occupancy limits typically cap the number of people that can live in a residence based on family status, even if the residence has more bedrooms than the occupancy limit. In 2023, over 14,000 Coloradans experienced homelessness. More than 50 percent of renters in the Denver Metro Area, as well as counties like Boulder, El Paso, Larimer, Pueblo, Summit, Eagle, and Mesa, are cost burdened.

In 2021, Denver City Council passed a measure to increase their occupancy limit standards from two to five unrelated people, and last year, Boulder City Council voted to increase their occupancy limit to five unrelated people.

The bill now heads to the House for concurrence of amendments. Follow its progress HERE. 

Hansen Bill to Get More Teachers in Colorado Schools Clears Senate

Hansen: “Allowing more retirees to return to the classroom without jeopardizing their hard-earned PERA benefits will get more qualified teachers and staff into our schools and help more students receive the quality education they deserve.”

DENVER, CO – Legislation sponsored by Senator Chris Hansen, D-Denver, that would better support students by getting more teachers into Colorado’s schools cleared the Senate today.

HB24-1044 would expand the number of service retirees that school districts may hire while still being eligible for PERA benefits. Specifically, school districts would be able to hire up to 10 retirees if they identify a “need” for additional instructors, and would be able to exceed the current 10 retiree cap by one retiree for every 1,000 students above 10,000 students. Under current law, school districts may only hire up to 10 retirees when a “critical shortage of qualified instructors” is established. 

“Colorado schools are facing a critical shortage of teachers, which results in larger class sizes and fewer students getting the individualized attention they need,” Hansen said. “Allowing more retirees to return to the classroom without jeopardizing their hard-earned PERA benefits will get more qualified teachers and staff into our schools and help more students get the quality education they deserve.”

For the 2022-2023 school year, of 8,294 teaching positions Colorado schools needed to hire, 722 (nine percent) remained unfilled for the school year and 1,486 (18 percent) were filled through a shortage mechanism. The number of unfilled teaching positions increased from 440 in the previous school year to 722, a 64 percent increase.

HB24-1044 will now move back to the House for consideration of Senate amendments. Track its progress HERE.

Roberts & Winter’s Bipartisan Victim Protections Legislation Clears Committee

Roberts & Winter’s Bipartisan Victim Protections Legislation Clears Committee

DENVER, CO – Today, the Senate Judiciary Committee approved bipartisan legislation sponsored by Senator Dylan Roberts, D-Frisco, and Assistant Majority Leader Faith Winter, D-Broomfield, that would reduce barriers for survivors of domestic violence, sexual violence, stalking, and other crimes when seeking civil protection orders.

“Too often, civil protection orders get slowed down or outright denied due to unnecessarily arduous processes, leaving survivors vulnerable to future harm,” Roberts said. “This bipartisan bill makes commonsense updates to civil protection order processes to help ensure survivors pursuing safety measures are better protected from additional abuse and violence.”

“Civil protection orders are a critical safety tool for survivors of domestic and sexual violence,” said Winter. “I’m grateful to the many brave advocates and survivors for their work on this important legislation, and I’m proud that we’re able to reduce barriers and ensure survivors receive the support and protection they need.”

Increased victim protections under HB24-1122 include:

• Broadening the definition of domestic violence, changing sexual abuse to sexual violence including sexual harassment, and reframing these forms of violence as patterns of behavior rather than discrete actions;

• Clarifying and narrowing reasons why a civil protection order may be denied and directing judges to make a temporary protection order permanent without requiring additional evidence of testimony from the survivor when the respondent doesn’t appear at the hearing;

• Prohibiting a court from serving an abuser with a notice of a civil protection order unless the protection order is granted, improving the safety of victims after they take action against their abuser;

• Addressing temporary care and control of any shared children in the civil protection order when requested by one of the parties and prohibiting judicial officers from redirecting survivors to file in a district court instead;

• Prohibiting the court from hearing a motion to dismiss or modify a civil protection order if filed incorrectly;

• And preventing survivors from paying their abuser’s attorney’s fees.

HB24-1122 will now move to the Senate floor for further consideration. You can follow the bill’s progress HERE.

Senate Education Committee Passes Bill to Boost Behavioral Health Professionals In Schools

DENVER, CO – The Senate Education Committee today passed legislation to boost the number of  behavioral health professionals in Colorado schools by creating the “School Psychologist Licensure Interstate Compact.” 

HB24-1096, sponsored by Senators Chris Kolker, D-Centennial, and Janice Marchman, D-Loveland, would create new pathways for out-of-state school psychologists to gain professional licensure to practice in Colorado. The "School Psychologists Licensure Interstate Compact" would be an agreement between Colorado and six other states where licensed school psychologists can obtain and easily transfer a license to another member state.

“One of my top priorities in the legislature is making sure Colorado’s youth have access to the behavioral health care services they need,” Kolker said. “Right now, if a licensed school psychologist wants to move to Colorado from another state, our licensing requirements make it harder to find work. Our legislation would streamline job transitions from other states, while also increasing behavioral health care access for students.” 

“As a teacher, I know how important it is for our students to have access to quality, trusted behavioral health care,” said Marchman. “When students are mentally healthy, they are better equipped to live up to their potential in the classroom. I’m proud to sponsor this legislation to boost our schools’ behavioral health care workforce and position Colorado to attract highly skilled talent.”

This legislation aims to reduce barriers for school psychologists by easing the state-to-state licensure process to increase special education services and access to behavioral health care in Colorado schools. The compact would be particularly helpful for active military and military spouses who often relocate from state-to-state. To participate in the compact, applicants must already be licensed school psychologists.

The bill now heads to the full Senate for further consideration. Follow its progress HERE.

Senate Approves Gonzales, Buckner Bill to Bar the Use of “Excited Delirium”

“Excited delirium” would be prohibited from being used in law enforcement training or incident reports, or listed as a cause of death on a death certificate

DENVER, CO – The Colorado Senate today approved Senators Julie Gonzales, D-Denver, and Janet Buckner’s, D-Aurora, bill to bar use of the term “excited delirium.”

HB24-1103 would prohibit the term “excited delirium” from being used in law enforcement and other first responder training or incident reports, or listed as a cause of death on a death certificate. The bill would also bar the terms “excited delirium syndrome,” “hyperactive delirium,” “agitated delirium,” and “exhaustive mania.”

“Coloradans in crisis need a measured response focused on de-escalation, not an outdated and discredited ‘excited delirium’ diagnosis that ratchets up tension and increases the risk of dangerous repercussions,” said Gonzales. “I was glad to see the Colorado’s Peace Officers Standards and Training Board unanimously ban excited delirium training last fall. With this bill, we’re building on that progress by banning this dangerous term from all use by law enforcement, whether in training processes or on death certificates.”

“The term ‘excited delirium’ has historically been misused to justify excessive force from law enforcement and first responders, too often against Black Coloradans and people of color,” Buckner said. “Banning the use of this controversial term is a small step that will have a much larger ripple effect of helping change the culture around dangerous first response practices.”

Last year, a 9NEWS investigation tied more than 225 deaths across the U.S. to the use of the term, including the death of Elijah McClain in Colorado. His death in 2019 gained national attention when paramedics injected him with a lethal amount of ketamine after believing he exhibited “excited delirium.” The paramedics and a police officer involved in the incident have since been convicted of criminally negligent homicide.

HB24-1103 will now move to Governor Polis’ desk for his signature. Track the bill’s progress HERE.

JOINT RELEASE: Forecast Shows Strong Economy, Constrained State Budget

DENVER, CO – Democratic members of the Joint Budget Committee today released the following statements after the Legislative Council Staff and the Office of State Planning and Budgeting delivered the March quarterly economic forecasts:

“Colorado’s growth is an indicator of a strong economy, yet we are cautiously optimistic as we place the final touches on the budget,” said JBC Chair Rep. Shannon Bird, D-Westminster. “I’m excited that we are in a position to fulfill our promise to students and educators by eliminating the budget stabilization factor. This will put more money into Colorado classrooms further increasing teacher pay, reducing class sizes, and ensuring students have the resources they need to succeed. We will soon finalize a fiscally responsible and balanced budget that represents our values, sustains our economic growth, uplifts families and invests in critical services.”

“The March economic forecast represents the final set of data before we finalize this year’s budget,” JBC Vice Chair Sen. Rachel Zenzinger, D-Arvada, said. “Today’s cautiously optimistic outlook reaffirms our budget work thus far: to be bold in supporting critical services by fully funding schools and health care provider rates, but to be responsible and constrain spending so we remain well-prepared for the future. I’m pleased that despite a challenging fiscal landscape, we’re well-positioned to fulfill our obligations to schools and families, close gaps in workforce shortages, and fund critical behavioral and mental health services – all without overextending state resources.”

“This economic forecast shows steady economic growth and lays the foundation for us as we craft a budget that invests in Colorado’s families and workers," said Rep. Emily Sirota, D-Denver. “Even with our strong economy, Colorado’s unique fiscal constraints make it challenging to fund new investments. Our goal this year is to prioritize funding for our public schools and early childhood education, working families and the critical community-based services Coloradans rely upon to keep us safe, protect our health, and thrive.”

“Today’s economic forecast tells two stories,” Sen. Jeff Bridges, D-Arapahoe County, said. “The first story is that Colorado’s economy is strong. Unemployment rates remain low while the number of jobs and income levels are growing. However, the second story tells us that because of TABOR, our state resources remain tight and we must be cautious with this year’s fiscal commitments. I look forward to integrating today’s forecast into the final days of budget drafting to ensure we deliver for hardworking Coloradans and set our state up for success.”

Colorado’s economy continues to grow, with an unemployment rate of 3.4 percent and total employment growth clocking in at around 2.5 percent in 2023, adding, in aggregate, 57,600 jobs over the past year. Year-over-year wage gains of 6.2 percent outpaced the average rate of inflation which grew by 3.9 percent.

The Legislative Council Staff (LCS) forecast anticipates General Fund revenues to be $17.6 billion in FY 2023-2024 and $18.7 billion in FY 2024-2025, a 5.9 percent increase year-over-year. For FY 2024-25, the TABOR surplus is expected to be $1.91 billion; however, budget limitations will continue to constrain investments in state services.

The Office of State Planning and Budgeting (OSPB) revised its General Fund revenue expectations up relative to the December forecast to $17.9 billion in FY 2023-24, while FY 2024-25 revenue was revised down to $18.1 billion. OSPB anticipates General Fund revenue will grow 5.8 percent to $19.1 billion in FY 2025-26, due to stable income and sales revenue growth.

The March forecast projects that the economy will realize a soft landing, with no recession anticipated in 2024, and Colorado is expected to modestly outperform the U.S. economy. However, the economy is still susceptible to a downturn if confronted with major shocks.

Stronger than expected wage gains could boost sales and income tax collections above the amounts projected in this forecast, which anticipates a continued, slowing economic expansion. Some risk factors that could improve the forecast include a faster resolution to inflationary pressures and more accommodative monetary policy. Some risk factors that could negatively impact the forecast include potential tightening of household finances that could hurt consumption and high borrowing costs that could discourage investment.

SIGNED! Roberts & McCluskie’s Bipartisan Bill to Spur Affordable Workforce Housing

SB24-002 will create property tax credits and rebates aimed at incentivizing more affordable rentals 

DENVER, CO –  Bipartisan legislation sponsored by Senator Dylan Roberts, D-Frisco, and Speaker Julie McCluskie, D-Dillon, that grants local governments the authority to create property tax rebate programs to address areas of specific local concern including affordable housing development was signed into law today.

SB24-002 will allow local governments to establish property tax incentive programs to address critical issues related to housing, childcare, behavioral health, economic development and other areas of local concern. For example, a municipality will be able to authorize tax credits or rebates that incentivize property owners to convert rental properties from short-term to long-term, boosting the availability of workforce and more permanent housing.

“Local governments are desperate for solutions to our state’s housing crisis and affordability issues, which is why this legislation is so important," Roberts said. "It will create valuable financial incentives for more long-term affordable rental housing for local workers instead of short-term rentals, more options for childcare, greater support for small businesses, and more. I'm thrilled to see this important bipartisan bill get signed into law and am excited to see how local governments can help their residents save money.”

“There has been a significant rise in the cost of housing, especially on the Western Slope, forcing Coloradans to spend more of their money on housing and less on other necessary costs, like health care and groceries,” said McCluskie. "With our bipartisan legislation becoming law, local governments can address the unique challenges that their communities face, like shortages in workforce housing, childcare, mental health care services, and much more.”

SB24-002 allows a local government to renew a tax rebate or incentive program for up to one year if they find that it has been effective in addressing the area of specific local concern.

SIGNED! Bipartisan Water Conservation in Landscaping Bill Becomes Law

DENVER, CO – Governor Polis today signed bipartisan legislation sponsored by Senator Dylan Roberts, D-Frisco, and Reps. Karen McCormick, D-Longmont and Barbara McLachlan, D-Durango that will more efficiently conserve water by prohibiting the use of water intensive non-native turf grass on seldom used areas. 

SB24-005, co-sponsored by Senator Cleave Simpson, R-Alamosa, would promote water-wise landscaping by prohibiting the installation of nonfunctional turf, invasive plant species, and artificial turf in any newly developed commercial, institutional, industrial, and state property. It also applies to other little-used areas like parking lots and medians. This would help the environment not only by saving water, but by reducing reliance on pesticides and gas-powered lawn equipment, while opening up space for native plants that naturally thrive in Colorado’s climate and support our local birds and bees.

“With this law, we're cutting back on unnecessary water usage on nonfunctional turf used in medians, greenways and parking lots,” said McCormick. “Water-wise landscaping conserves our precious water resources and encourages communities to embrace Colorado's natural landscapes. Our law sets us on a path forward to more effectively manage and preserve the water we all rely on.”

“Protecting our limited and threatened water supply is one of the biggest priorities for the communities I represent on the Western Slope,” said Roberts. “As we work to conserve our water resources, it’s essential that we make smart decisions now to prevent overuse in the future. This new law will reduce unnecessary landscape water usage and further position Colorado as a leader in effective water management.”

“Cutting back on the amount of water we use on nonfunctional turf will help us conserve our precious water resources across the state,” said McLachlan. “This law helps us effectively and efficiently manage our water resources by encouraging water-wise landscaping on little-used areas like parking lots and medians. We're stepping up to conserve water while embracing the native plants and species that thrive in Colorado."

Outdoor watering of landscaping uses about half of all municipal water. Much of this is used to grow non-native turf grass, which requires large amounts of water to thrive. While some turf is used for parks, sports fields, and yards, much of it serves no community purpose, such as highway frontages and strips alongside industrial properties. The state has supported turf replacement as a key tool for water conservation, and now this bill focuses on limiting its installation in the first place. 

By transitioning away from non-native turf grass, the bill encourages developers, city planners, and managers to choose plants that thrive in Colorado’s semi-arid climate, as opposed to non-native, water-intensive plants such as Kentucky bluegrass or invasive species.

JOINT RELEASE: Lawmakers Urge Congress to Fund Water Infrastructure Improvements for Tribes

As recommended by the Colorado River Drought Task Force, lawmakers call on Congress to fund overdue water infrastructure improvements depended upon by the Southern Ute Indian Tribe

DENVER, CO – Speaker Julie McCluskie, Representative Barbara McLachlan, and Senators Dylan Roberts and Cleave Simpson today sponsored a joint resolution (SJM24-002) to urge Congress to fully fund the Water Infrastructure Improvements for the Nation (WIIN) Act, which would provide $35 million in funding for critical infrastructure projects across the country, including the Pine River Indian Irrigation Project (PRIIP). The PRIIP carries freshwater to the Southern Ute Indian Tribal land and is in desperate need of repair.

“The Pine River Indian Irrigation Project is a vital resource for the Southern Ute Indian Tribe and surrounding communities, and its deteriorated condition makes it nearly impossible for users to rely on it for fresh water,” said Speaker Julie McCluksie, D-Dillon. “Recent federal legislation authorized $35 million each year to update, maintain and repair critical projects, including the Pine River Indian Irrigation project. However, Congress has never appropriated this full amount, and the PRIIP has only received $135,000. We’re calling on Congress to appropriate the full $35 million to ensure this vital water project can be preserved and maintained.”

“When the bipartisan Colorado Drought River Task Force, and specifically the Tribal Sub-Task Force, presented their recommendations, it was clear that the Pine River Indian Irrigation Project is in dire need of federal funds to modernize their system,” said Senator Dylan Roberts, D-Frisco.  “We’re calling on Congress to fully fund the Water Infrastructure Improvements for the Nation Act in Colorado, so the Tribes that rely on this precious resource can have safe, reliable water for their communities and agricultural economy.”

“The deterioration of the Pine River Indian Irrigation Project means the Southern Ute Indian Tribe and those living in remote communities in Southwestern Colorado have unreliable freshwater resources for both drinking and agricultural needs,” said Rep. Barbara McLachlan, D-Durango. “This resolution is a call on Congress to fully fund commitments to the Southern Ute Indian Tribe and make it possible for the PRIIP to serve communities as intended. The Colorado Drought River Task Force recommendations are clear, repairing this irrigation project is an urgent matter because the Southern Ute Indian Tribe has been living with unpredictable, unreliable water resources for far too long.”

“The Ute nation especially knows that water is the lifeblood of our state,” said Senator Cleve Simpson, R-Alamosa. “This joint memorial is meant to highlight the federal government’s inaction in addressing water infrastructure, and my hope is to see the federal government step up, and live up to its commitments to the sovereign Ute Nation.”

The PRIIP was constructed by the Bureau of Indian Affairs during the late 1800s and early 1900s and the continued deterioration of the water system means that only an estimated 15 percent of the 175 miles of canals is considered to be in good condition. This water system services the Southern Ute Indian Tribal lands and parts of Ignacio, Colorado for drinking and irrigation purposes.

Since the WIIN Act was enacted in 2016, the Bureau of Indian Affairs Southern Ute Agency which maintains the PRIIP, has only received $135,000 for repairs. The WIIN Act, if fully funded, authorizes an annual $35 million allocation split amongst many Tribal needs across the country, including the PRIIP. However, Congress has never fully appropriated the $35 million. In 2023, the Bureau of Indian Affairs completed a modernization plan for the PRIIP system which estimates a cost of $60.7 million, while other cost estimates for modernization range as high as $109 million.
 
Last year, the Colorado River Drought Task Force deemed the deterioration of the PRIIP an urgent matter for Colorado to ensure Tribal communities have access to drinking water, maintain their traditional water use, and enjoy a thriving agricultural industry. Additionally, Governor Polis sent a letter to Congress urging them to fulfill their promise.

Senate Approves Michaelson Jenet, Cutter Bill to Make I Matter Youth Mental Health Program Permanent

Youth mental health services program is set to expire in June

DENVER, CO – Legislation sponsored by Senator Dafna Michaelson Jenet, D-Commerce City, and Lisa Cutter, D-Jefferson County, that would make permanent the first-of-its-kind I Matter youth mental health program cleared the Senate with bipartisan support today.

I Matter connects K-12 students with a therapist for up to six free virtual counseling sessions, but the program is currently set to repeal on June 30th, 2024. SB24-001 makes that program permanent, ensuring Colorado students can continue receiving quality mental health care at no cost to them or their families.

“The success of I Matter has been huge for Colorado students, and for the first time in a decade, youth suicide rates have declined - but we must do more to address the mental health crisis gripping our kids,” said Michaelson Jenet. “That is why making the I Matter program permanent is so important. This critical tool is a game changer, and I am excited to get this bill passed and ensure Colorado students can access the free mental health care they need to thrive.”

“Far too many Colorado kids struggle with their mental health, and I Matter has been hugely beneficial in helping support them,” Cutter said. “By making I Matter permanent, we are doubling down on our commitment to addressing those needs, and ensuring that all of our kids get the mental health care they deserve, at no cost to them or their families.”

Launched after the pandemic by Michaelson Jenet, I Matter has served 7,933 young people since 2021, and 5,024 have received three or more sessions. According to the Colorado 2023 Kids Count report, youth suicide in 2023 decreased 30 percent from the year before.

SB24-001 will now move to the House for further consideration. Track the bill’s progress HERE.

Senate Approves Hansen Bill to Prepare Future Workforce for Climate Change

Legislation connects high school students with hands-on experience

DENVER, CO – Today the Senate passed Senator Chris Hansen’s, D-Denver, bill to establish a Seal of Climate Literacy diploma endorsement.

SB24-014 would prepare high school students to lead in addressing economic and social impacts of climate change while gaining real-world experience. The seal is granted to students who gained skills and knowledge on the impacts of climate change by taking two climate literacy courses and completing an experimental learning project (ELP). For the ELP, schools could connect students with local apprenticeships and trades to expand professional opportunities in the green workforce.

“Today’s youth have seen and lived through the effects of climate change firsthand,” said Hansen. “The Seal of Climate Literacy would provide students with tools and education to address climate change in their communities. With this bill, students can get hands-on experience that will prepare them for their future and learn skills that can help support the transition to a low-carbon economy.” 

According to a Working Nation report, green jobs are expected to grow by 10.3 percent over the next five years in Colorado. Additionally, studies show climate education is an effective way to reduce emissions and prepare youth for a warming environment.

The bill now heads to the House for further review. Follow the bill’s progress HERE.

Sullivan’s Bill to Improve Investigations of Illegal Firearm Activity Passes Senate

Legislation would improve the Colorado Bureau of Investigation’s ability to address illegal transfers, ghost guns, and investigations on tip line requests

DENVER, CO – Senator Tom Sullivan’s, D-Centennial, bill to improve investigations of illegal firearm activity passed the Senate today.

SB24-003 would give the Colorado Bureau of Investigation (CBI) the ability to investigate illegal activity involving firearms. The bill would appropriate $1.7 million to the Department of Public Safety to create a team that investigates individuals convicted of felonies who are attempting to illegally purchase a firearm, and other illegal firearm crimes such as possession of a ghost gun. 

“Though our background check system, InstaCheck, is working as intended, follow-up investigations are rarely conducted at the local or federal level due to resource limitations,” Sullivan said. “By giving CBI statutory authority, they will be able to more effectively investigate illegal firearms transfers and components, violations, ghost guns and information obtained through tip lines, such as suspected straw purchases – all while improving safety in communities across Colorado.”

Creating a framework within the CBI to address illegal transfers, ghost guns, and investigations based on tip line requests would help to improve safety across the state, especially in rural and underserved areas.

SB24-003 will now move to the House for further consideration. Track the bill’s progress HERE.