Colorado Bills

In 2023, Senate Bill 23-261 created a new definition of "direct care consumer" and defined the term as "an eligible person, as defined in section 25.5-6-1101 (4)". That same year, Senate Bill 23-289 amended the definition of "eligible person" in section 25.5-6-1101 (4), leaving an incorrect reference to "eligible person" in Senate Bill 23-261. The act makes technical changes to correct the incorrect reference. (Note: This summary applies to this bill as enacted.)

The act repeals a definition of drug abuse from, and adds a definition of substance use disorder to, the state laws regulating electronic monitoring of prescription drugs. (Note: This summary applies to this bill as enacted.)

The act extends the deadline for the office of information technology's first annual report on the statewide longitudinal data system from April 15, 2026, to September 15, 2026. (Note: This summary applies to this bill as enacted.)

The act requires the director of the division of oil and public safety in the department of labor and employment (division) to adopt rules concerning retail electric vehicle charging that set forth minimum standards relating to specifications and tolerances for retail electric vehicle charging equipment and methods of retail sale at publicly accessible electric vehicle charging stations to promote consistency in the marketplace by July 1, 2026, and to enforce the rules beginning July 1, 2027. The act broadens the allowable uses of money in the electric vehicle grant fund within the Colorado energy office to include: Operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric motor vehicles, including covering the administrative costs of this work; and Support for the development and enforcement of retail electric vehicle charging rules by the division. The act also broadens the allowable uses of money in the community impact cash fund within the department of public health and environment to include environmental equity and cumulative impact analyses. The act also requires the community access enterprise within the Colorado energy office to reduce the amount of the community access retail delivery fee that it imposes as necessary to ensure that the enterprise does not collect more than $100 million in total fee revenue prior to June 30, 2026. For the 2025-26 state fiscal year, $225,320 is appropriated to the department of labor and employment for use by the division for personal services and operating expenses. This appropriation is from reappropriated funds received from the office of the governor that are continuously appropriated to the Colorado energy office from the electric vehicle grant fund. (Note: This summary applies to this bill as enacted.)

For design-build transportation contracts administered by the department of transportation (department) "best value" means the overall maximum value of a proposal to the department after considering all of the evaluation factors described in the specifications for the transportation project or the request for proposals. The act requires that those evaluation factors include: Project schedule; Innovative solutions; Improved quality; Sustainability; Environmental impact; Initial cost; Long-term life-cycle cost of the transportation project; Resilience; Increased scope; and Aesthetics.(Note: This summary applies to this bill as enacted.)

In accordance with the statutory requirement that the public employees' retirement association (PERA) determine whether the employer contribution rate for the Denver public schools (DPS) division of PERA must be adjusted to assure the equalization of the DPS division's ratio of unfunded actuarial accrued liability over payroll to the PERA school division's ratio of unfunded actuarial accrued liability over payroll at the end of the 30-year period that began on January 1, 2010, beginning on July 1, 2025, the act reduces the total employer contribution rate for the DPS division from 10.4% to 7.4% of salary. In addition, the act: Reduces the percentage of salary that is allocated to the DPS division health care trust fund from 1.02% of member salaries to .20% of member salaries, which will allow PERA to apply the remaining .82% of the allocation to pension liabilities; For 5 years beginning July 1, 2025, excludes the DPS division from the annual allocation of the money that is directly distributed to PERA by the general assembly; and For 5 years beginning July 1, 2025, removes the DPS division from the calculation that PERA annually uses to determine whether an automatic adjustment to member and employer contribution rates and annual increase amounts will occur.(Note: This summary applies to this bill as enacted.)

Health benefit insurance plans (health benefit plans) include coverage for gender-affirming health care as part of individual and group health benefit plans. "Gender-affirming health care" is defined in the act as supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria (gender-affirming health care). The act codifies gender-affirming health care treatments in statute and prohibits a health benefit plan from denying or limiting medically necessary gender-affirming health care, as determined and prescribed by a physical or behavioral health-care provider. The act authorizes the health insurance affordability board to seek, accept, and expend gifts, grants, or donations and to use those gifts, grants, or donations to cover abortion costs and to ensure access to legally protected health-care activity. The act exempts prescriptions for testosterone from the tracking requirements of the prescription drug use monitoring program and blocks archived records concerning testosterone use from view. (Note: This summary applies to this bill as enacted.)

The act creates a postsecondary and workforce readiness funding model that includes 3 types of funding: Start-up funding, innovation grant funding, and sustain funding. The state board of education (state board) is authorized to adopt rules concerning these funding sources. For the 2025-26 budget year through the 2027-28 budget year, the department of education (department) shall use a formula to determine each local education provider's start-up funding, which is used for eligible expenses that are associated with developing and implementing a postsecondary and workforce readiness program. Start-up funding gradually phases out and repeals after the 2027-28 budget year. Beginning in the 2028-29 budget year, innovation grant funding through the John W. Buckner postsecondary and workforce readiness innovation grant program, created in the department, is available to certain local education providers for eligible expenses that are associated with developing and implementing a postsecondary and workforce readiness program that aligns with the state's workforce demands or priorities. Local education providers that are required to adopt a priority improvement plan or a turnaround plan, or that authorize schools that are required to adopt a priority improvement plan or turnaround plan, for the current or prior budget year, or local education providers that demonstrate, or authorize a school that demonstrates, a low level of attainment on the postsecondary workforce readiness indicator for the prior school year are eligible for innovation grant funding. Beginning in the 2026-27 budget year, sustain funding is used to reimburse local education providers' expenses for students who, in the preceding budget year, successfully satisfied postsecondary credit, industry-recognized credential, or work-based learning requirements. For the 2026-27 budget year, of total sustain funding, a certain percentage is available for reimbursing postsecondary credit attainment, reimbursing industry-recognized credentials, and reimbursing work-based learning. For the 2027-28 budget year, and budget years thereafter, the state board may adjust the percentages for these categories. Beginning in January 2028, the department is required to annually report, as a part of its "SMART Act" presentation, findings regarding the effectiveness of consolidating the postsecondary and workforce readiness programs and funding streams. By November 1, 2029, the department is required to report to the joint budget committee findings regarding the effectiveness of consolidating the postsecondary and workforce readiness programs and funding streams. The act repeals the accelerating students through concurrent enrollment program and career development success program after the 2025-26 budget year. Upon passage, the act repeals the: Concurrent enrollment expansion and innovation grant program; and John W. Buckner automatic enrollment in advanced courses grant program. The act requires the department to convene a working group that includes educators to report its findings and recommendations to the joint budget committee concerning the effectiveness of the teacher retention and preparation program (TREP) and the pathways in technology (p-tech) early college high schools. For the 2025-26 state fiscal year, the act: Adjusts appropriations made in the 2025-26 long bill; Appropriates $5,018,715 from the general fund and state education fund to the department for use by student pathways to implement the act; and Appropriates $160,073 from the general fund to the department for use by school quality and support to implement the act.(Note: This summary applies to this bill as enacted.)

Under current law, a person who does not have lawful immigration status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for: In-state student tuition classification; or An identification document pursuant to the "Colorado Road and Community Safety Act". The act repeals these affidavit requirements. Under current law, a jail custodian is generally required to release a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The act prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation. Under current law, a criminal defendant may petition a court to vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that: They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea; They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or The guilty plea was constitutionally infirm. The act extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses. Under current law, state agencies and state agencies' employees are: Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information; Required to annually report certain information concerning requests made for a person's personal identifying information; and Subject to a civil penalty for an intentional violation of the requirements. The act extends these requirements concerning a person's personal identifying information to political subdivisions and their employees, and repeals the annual reporting requirements concerning requests made for a person's personal identifying information. The act creates minimum requirements for a public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library concerning information collection and access to its information, facilities, or property, and creates a civil penalty for an intentional violation of certain requirements. Under current law, a peace officer who is employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The act extends the prohibition to a peace officer designated by the state as a peace officer. Under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities. The act extends this prohibition to a pretrial officer or pretrial services office employee. The act prohibits a military force from another state from entering the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces. The act adds and amends definitions concerning "precise geolocation data" within the "Colorado Privacy Act". The act prohibits a controller from selling a consumer's sensitive data without obtaining consent. Under current law, a person is not subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. The act extends this to while a person is receiving treatment in a related facility, which is a facility where programs and services are provided in relation to a court proceeding. For the 2025-26 state fiscal year, the act decreases an appropriation made in the long bill of: $54,900 from the general fund to the department of labor and employment; and $3,393 from the general fund to the department of personnel.(Note: This summary applies to this bill as enacted.)

Under current law, there are 2 total program formulas to finance public schools. Absent the satisfaction of a statutorily specified condition, the first formula is scheduled to stop determining total program after the 2024-25 budget year (expiring formula), and the second formula is scheduled to determine total program beginning in the 2030-31 budget year (new formula). For the 2025-26 budget year through the 2029-30 budget year (transition period), total program is scheduled to be determined by using figures that were calculated under both the expiring formula and the new formula. The act: Extends the transition period by one year, so that it is from the 2025-26 budget year through the 2030-31 budget year; and Postpones the exclusive use of the new formula to determine total program until the 2031-32 budget year. The act changes how each school district's and institute charter school's annual total program is determined during the transition period. For the 2025-26 and 2026-27 budget years, each school district's and institute charter school's annual total program is the greater of the school district's or institute charter school's total program for the 2024-25 budget year or the amount calculated under the expiring formula plus an amount equal to 15% in 2025-26 and 30% in 2026-27 of the difference between the amounts calculated under the new formula and the expiring formula. For the 2027-28 budget year through the 2030-31 budget year, each school district's and institute charter school's annual total program is the greater of the district's or institute charter school's calculation under the expiring formula plus 1% of that calculation, or: For the 2027-28 budget year, the amount calculated under the expiring formula plus an amount equal to 45% of the difference between the amounts calculated under the new formula and the expiring formula; For the 2028-29 budget year, the amount calculated under the expiring formula plus an amount equal to 60% of the difference between the amounts calculated under the new formula and the expiring formula; For the 2029-30 budget year, the amount calculated under the expiring formula plus an amount equal to 75% of the difference between the amounts calculated under the new formula and the expiring formula; and For the 2030-31 budget year, the amount calculated under the expiring formula plus an amount equal to 90% of the difference between the amounts calculated under the new formula and the expiring formula. Under current law, there are specified conditions that apply to the transition period. If the joint budget committee determines that a specified condition occurs in a budget year during the transition period, then for the next budget year and each budget year thereafter, the transition is suspended, and each school district's total program is determined pursuant to the calculation and determination required for the budget year when the condition occurred. For one of the existing conditions, the act specifies that an income tax deposit to the state education fund that was made to correct an error does not count toward determining whether the condition has been satisfied. A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the expiring formula, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 4 budget years. Under current law, the new formula calculates a school district's funded pupil count by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years. The act changes the new formula so that: For the 2025-26 budget year, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and For the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years. However: If a statutorily specified condition is satisfied, and consequently for the 2026-27 budget year, a district's total program is not determined as scheduled under the transition period, then for the 2026-27 budget year, and each budget year thereafter, funded pupil count will continue to be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and If, for the 2027-28 budget year, the state education fund balance is projected to be less than $200 million, then the general assembly is required to implement a smoothing factor or the funded pupil count will be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding budget year for the 2027-28 budget year and each budget year thereafter. The act expiring formula is changed so that, starting in the 2027-28 budget year, the funded pupil count used in the expiring formula is the same funded pupil count that is used in the new formula to determine a district's total program during the transition period. The total program for the 2025-26 budget year is determined using the formula changes in the act. The act: Increases the statewide base per pupil funding for the 2025-26 budget year by $195.42 to account for inflation; Sets a new statewide base per pupil funding amount for the 2025-26 budget year at $8,691.80; and Sets the total program funding for the 2025-26 budget year for all school districts and institute charter schools to at least $10,036,070,748 or $10,031,606,090, depending upon whether Senate Bill 25-315 becomes law. Under current law, a new at-risk measure is required to be implemented in the 2025-26 budget year. The act repeals this requirement and requires the department of education (department) to collect data necessary to identify individual student census block groups to account for students who are at-risk of below-average academic performance and education outcomes because of socioeconomic disadvantages or poverty, but who may not qualify for free or reduced price lunch. Under current law, as a part of the charter contract, a district charter school and the school district, or the institute charter school and state charter school institute (institute), must agree on funding and services provided by the school district or institute to the charter school, subject to parameters. The act: Suspends the use of these provisions after the 2025-26 budget year; Repeals charter school at-risk supplemental aid after the 2026-27 budget year, following its gradual phase out during the 2025-26 and 2026-27 budget years; Creates incremental funding for charter schools for the 2025-26 budget year; and Requires the general assembly to consult with charter school representatives to ensure that charter schools are aligned with the implementation of the new formula. The act raises the limit from $750 million to $1 billion for the amount of money that the general assembly may appropriate to restore any or all qualified charter school debt reserve funds to their qualified charter school debt service fund requirements. Under current law, $41 million of interest and income earned on money in the public school fund is credited to certain purposes, and any remaining interest and income may be credited as specified by the general assembly or remain in the public school fund. The act requires that any remaining interest and income is credited to the public school capital construction assistance fund. The total annual amount of revenue credited to the public school capital construction fund is capped at $150 million, adjusted for inflation; except that money received from public school fund interest and income does not apply toward the cap. Any amount above the cap is credited to the state public school fund instead. The act creates the kids matter account within the state education fund. Beginning July 1, 2026, the state treasurer must deposit in the account all state revenues collected from an existing tax on 0.00065% on federal taxable income, as modified by law, of every individual, estate, trust, and corporation. The money in the account must only be used for district total program funding and total state funding for all categorical programs. Under current law, the department is required to contract with an entity to develop and implement a public information campaign to emphasize the importance of learning to read by third grade and highlight local education providers that are achieving high percentages of third-grade students who demonstrate reading competency. The act repeals the requirement that the department contract with an entity to develop and implement the information campaign. The act authorizes the department to use any unexpended money that was appropriated for the out-of-school time program grant program and is remaining at the end of the 2024-25 or 2025-26 state fiscal years in the 2025-26 or 2026-27 state fiscal years without further appropriation. The act creates and implements certain parameters for multifunction school activity buses. For the 2025-26 state fiscal year, the act: Appropriates $7,009,989 to the department from the state education fund for at-risk supplemental aid; Appropriates $7.6 million to the department from the public school capital construction assistance fund for public school capital construction assistance board cash grants; Appropriates $25 million to the department from the public school capital construction assistance fund for public school capital construction assistance board lease payments; and Adjusts the 2025-26 long bill by decreasing the cash funds appropriation from the state education fund for the state share of district's total program by $15,775,837; decreasing the cash funds appropriation from the state education fund for at-risk per pupil additional funding by $5 million; and decreasing the cash funds appropriation from the public school capital construction assistance fund for public school capital construction assistance board cash grants by $45,648,087.(Note: This summary applies to this bill as enacted.)

Beginning with the 2027-28 school year, the act requires each individual career and academic plan (ICAP) to include a requirement that, during the student's graduation year, the student has exposure to federal financial aid eligibility tools and net price calculators and practices filling out a free application for federal student aid or the Colorado application for state financial aid, unless the student or student's parent or legal guardian affirmatively declines to practice filling out the application or authorized school personnel determines it is not feasible for the student to practice filling out an application. The act requires each school district board of education to incorporate all the financial literacy standards into a course that is required for high school graduation. The act authorizes the department of education (department) to seek, accept, and expend gifts, grants, or donations for the purpose of supporting educators in implementing a financial literacy course. For the 2025-26 state fiscal year, the act appropriates $210,389 to the department for distribution to school districts to support implementation of a financial literacy course and the ICAP requirement. The act requires the department to distribute money to school districts that do not currently offer a course based on a formula determined by the department, which may include determining eligibility based on attestations from school districts. For the 2025-26 state fiscal year, the act appropriates $9,611 to the department of higher education for use by the Colorado commission on higher education and higher education special purpose programs for administration. (Note: This summary applies to this bill as enacted.)

The accountability, accreditation, student performance, and resource inequity task force (task force) studied and made recommendations on academic opportunities, inequities, promising practices in schools, and improvements to the accountability and accreditation system. The act implements some recommendations of the task force. The act: Requires the department of education (department) in collaboration with schools of a school district, district charter schools, institute charter schools, and school districts (local education providers) to divide state assessments into shorter sections with age-appropriate time frames to evaluate students with disabilities who have an individualized education program (IEP) or a section 504 plan; Requires the department to administer, in collaboration with local education providers, versions of the state assessments for mathematics, science, and social studies in languages other than English and Spanish when the number of English language learners with a specific language background reaches at least 1,500 students statewide within an assessed grade level. To be eligible for a translated assessment, English language learners must receive instructional support for the content area in the proposed test language. Requires the department to administer reading and writing assessments in Spanish for students enrolled in grades 5 through 8 when the number of English language learners who receive instructional reading and writing services in Spanish reaches at least 1,500 students statewide within an assessed grade level; Requires the department to provide guidance to local education providers and the state charter school institute (institute) on encouraging student participation in state assessments; Creates the accountability work group to provide feedback to the department related to state and federal accountability policies and decisions and to make recommendations to the state board of education (state board); Requires the department to include curriculum-based achievement college entrance exams for purposes of calculating performance for the performance indicator concerning student academic achievement; Requires the state board to ensure that the calculation of performance for the performance indicator includes the academic achievement of students with disabilities but who no longer meet the eligibility criteria for an IEP; Requires the department, beginning in the 2027-28 school year, to measure the postsecondary and workforce readiness performance indicator on 4 performance sub-indicators: The college and career readiness before graduation sub-indicator, the postsecondary progress sub-indicator, the graduation sub-indicator, and the dropout rate sub-indicator; Requires the department to calculate measures for each performance indicator for the overall student population and for the combined disaggregated group. In determining the overall performance on a performance indicator, the department shall ensure that each student in the combined disaggregated group is counted once even if the student belongs to multiple student groups. Creates a multi-year pathway plan for school improvement for local education providers and the institute. The pathway plan connects a local education provider's or the institute's proposal for significant state action with broader strategies for the improvement of the local education provider or the institute. Requires the department, in consultation with the technical advisory panel, the accountability work group, and other advisory groups with relevant expertise, to study lowering student count thresholds on accountability calculations and reporting, addressing inherent volatility of test score measurements for local education providers with small student populations, and shortening statewide assessments and implementing adaptative assessment technology. The department is required to submit a report for each of the studies to the education committees of the general assembly. Requires the department to gather stakeholder input on the specific data elements and visual reporting format for the statewide education accountability dashboard on or before November 1, 2026. The department shall summarize the information into a report and submit the report to the state board. Encourages local education providers and the institute to adopt solutions to provide educator professional development and transform instruction in public schools in order to receive a grant award from the school transformation grant program; and Encourages the institute and local education providers that are implementing priority improvement or turnaround plans to use local assessment data to identify performance indicator gaps and provide supports and interventions in order to receive a grant award from the school transformation grant program. The act reduces an appropriation from the state education fund for the statewide assessment program by $465,000. The act reduces a general fund appropriation for the local accountability system grant program by $81,000. The act appropriates $559,187 to the department from the general fund for use by school quality and support. (Note: This summary applies to this bill as enacted.)