The act establishes that a person engages in a deceptive trade practice if the person, within 180 days following the declaration of a disaster or disaster emergency by the president of the United States or the governor of the state and in the geographic area for which the disaster was declared, sells, offers for sale, provides, or offers to provide any of the following at a price so excessive as to amount to price gouging: Building materials; Consumer food items; Emergency supplies; Fuel; Medical supplies; Other necessities; Repair or reconstruction services; Transportation, freight, or storage services; or Services used in an emergency cleanup. A price is not unreasonably excessive if the seller can prove that, due to events that gave rise to the disaster declaration, the price is attributable to additional costs imposed on the seller by the seller's supplier or suppliers or other direct costs of providing the good or service sold or offered for sale. (Note: This summary applies to this bill as enacted.)
Sponsored bills
The act implements the recommendations of the department of regulatory agencies in its sunset review and report of the motorcycle operator safety training (MOST) program by: Extending the repeal date of the MOST program until September 1, 2025 ; and Removing the requirement that an applicant for a MOST instructor certificate have a license to drive a motorcycle that was issued in Colorado. The act also changes the membership of the motorcycle operator safety advisory board by replacing a representative of unaffiliated motorcycle training providers with a representative of instructor training specialists. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies in its sunset review of the regulation of private investigators by continuing the regulation for 5 years, until September 1, 2025. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies in its sunset review of the water and wastewater facility operators certification board by: Extending the repeal date of the board until September 1, 2031; Amending the definition of "domestic wastewater treatment facility" by excluding small on-site wastewater treatment systems with a design capacity of 2,000 gallons or less per day, unless the system discharges directly to surface water; Amending the definition of "industrial wastewater treatment facility" by: Repealing the exclusion of facilities designed to operate for less than one year and facilities with in-situ discharges; and Adding an exclusion of construction dewatering activities that use only passive treatment and occur for less than one year; Creating a water and wastewater facility operators fund for fees that the board receives directly and uses for the exclusive use of the regulatory program; and Repealing an obsolete provision of law relating to a reorganization of the board on July 1, 2004. The act appropriates $24,815 from the water and wastewater facility operators fund to the department of public health and environment for use by the drinking water program in the water quality control division. (Note: This summary applies to this bill as enacted.)
The act authorizes the board of county commissioners of a county (board), in consultation with the county treasurer, to make loans to a governmental entity that is created by or located within the county subject to the following requirements: The board must adopt underwriting standards that require each proposed loan to be analyzed with respect to risks, market rates, and loan terms before making any loans; Each loan must be analyzed using the underwriting standards; The source of a loan must be legally available money that is not otherwise encumbered or obligated, and the amount loaned must not cause the total outstanding principal balance of all such loans made to exceed 8% of the amount of such money available at the time the loan is made; A loan must have a specified repayment term; A loan recipient must pay the county interest on the loan at an initial rate that is equal to or greater than the rate of return earned on all county financial investments; A loan recipient must use loan proceeds for the sole purpose of funding public infrastructure projects within the county; and The board must make the loan by entering into an intergovernmental agreement with the loan recipient that establishes loan terms and conditions. Before entering into such an intergovernmental agreement: The board must approve the public infrastructure project to be funded by the loan and the terms and conditions of the loan at a public board meeting; and The board or the loan recipient must pursue private sector options for funding the public infrastructure project to be funded by the loan and report regarding the options pursued at the board meeting at which the board approves the loan.(Note: This summary applies to this bill as enacted.)
Current law creates the petroleum cleanup and redevelopment fund to fund corrective action plans for petroleum releases not covered by other programs. If it would enhance environmental protection or improve air quality, the bill authorizes the division of oil and public safety to use up to $2 million in the redevelopment fund to develop, in partnership with a private entity, fuel-cell electric-vehicle projects.(Note: This summary applies to this bill as introduced.)
Beginning in the 2020-21 budget year, the bill allows a school district, a board of cooperative services, a charter school, or the state charter school institute (local education provider) that operates a pathways in technology early college high school (p-tech school) to apply to the department of education (department) for reimbursement for the amount of tuition and fees and the costs of books and materials incurred in enrolling p-tech school students in postsecondary courses. The amount of the reimbursement is based on the average of the in-state tuition for local district colleges or community colleges, depending on the type of institution that provides the course, and is payable only for each successfully completed course credit hour. The state board of education must promulgate rules to implement the reimbursements. For the 2020-21 budget year and each budget year thereafter, the general assembly is directed to appropriate at least $2 million for the amount of the reimbursements. As part of the annual budget preparation process, the department will report the actual amount reimbursed and the amount expected to be reimbursed in the current and future budget years.(Note: This summary applies to this bill as introduced.)
The bill enacts the "Consumer and Employee Dispute Resolution Fairness Act" (act). For certain consumer and employment arbitrations, the act: Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing; Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party; Authorizes the nonobjecting party to seek provisional remedies from court if a party objects to an arbitrator and the parties are not able to agree on an arbitrator; Establishes ethical standards for arbitrators; and Requires specified public disclosures by arbitration services providers to the parties but includes protections for certain confidential information. The bill also requires an individual arbitrator for certain consumer and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality. The bill specifies how attorney fees and other reasonable expenses are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures. and clarifies when appeals of orders may be made in consumer and employee arbitrations. The bill also provides that for a standard form contract involving a consumer or an employee: Specified terms are unenforceable as against public policy; and Including an unenforceable term constitutes a deceptive trade practice under the "Colorado Consumer Protection Act"; and How certain cost-shifting provisions are to be interpreted. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill extends the tax years that a taxpayer may elect to receive a refund of 80% of the amount of an enterprise zone investment tax credit for renewable energy investments. Under current law, if a taxpayer elects such a refund, the taxpayer forgoes the remaining 20% of the amount of the enterprise zone investment tax credit. The bill also adds investments in energy storage systems as a qualified renewable energy investment. (Note: This summary applies to this bill as introduced.)
Effective January 1, 2022, the bill prohibits a retail food establishment from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. The executive director of the department of public health and environment or the executive director's designee may, through the attorney general, seek injunctive relief against a retail food establishment that violates the prohibition.(Note: This summary applies to this bill as introduced.)