(1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.
(b) It is the intent of the general assembly that the system set forth in this section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.
(2) (a) The divisions in the department of regulatory agencies, the boards and agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.
Upon repeal, an agency continues in existence, or, in the case of the repeal of afunction, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.
As used in this section, unless the context otherwise requires, "agency" includes adivision or board within an agency that is subject to review pursuant to this section.
If the state constitution imposes powers, duties, or functions on an agency or officerthat is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.
The existence of a newly created agency or function in the department of regulatoryagencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).
(a) The department of regulatory agencies shall analyze and evaluate the performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.
The department of regulatory agencies shall submit its report to the office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).
This subsection (5) is exempt from the provisions of section 24-1-136 (11), and theperiodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.
(6) (a) Before the repeal, continuation, or reestablishment of an agency or function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.
(b) In the hearings, the determination as to whether an agency has demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:
Whether regulation by the agency is necessary to protect the public health, safety, andwelfare; whether the conditions that led to the initial regulation have changed; and whether other conditions have arisen that would warrant more, less, or the same degree of regulation;
If regulation is necessary, whether the existing statutes and regulations establish theleast restrictive form of regulation consistent with the public interest, considering other available regulatory mechanisms, and whether agency rules enhance the public interest and are within the scope of legislative intent;
Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;
Whether an analysis of agency operations indicates that the agency performs itsstatutory duties efficiently and effectively;
Whether the composition of the agency's board or commission adequately representsthe public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;
The economic impact of regulation and, if national economic information is notavailable, whether the agency stimulates or restricts competition;
Whether complaint, investigation, and disciplinary procedures adequately protectthe public and whether final dispositions of complaints are in the public interest or self-serving to the profession;
Whether the scope of practice of the regulated occupation contributes to the optimum use of personnel and whether entry requirements encourage affirmative action;
Whether the agency through its licensing or certification process imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses or certifications that the agency denied based on the applicant's criminal history, the number of conditional licenses or certifications issued based upon the applicant's criminal history, and the number of licenses or certifications revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.
Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest.
A legislative committee of reference that conducts a review pursuant to paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.
(I) If a legislative committee of reference recommends a bill for consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:
To one or more of the members of the committee of reference; or
To one or more of the members of the general assembly who are not members of thecommittee of reference if a majority of the committee's members vote to approve the sponsorship.
A member of the general assembly may not sponsor more than two bills introducedpursuant to this subsection (6) in a single legislative session.
The speaker of the house of representatives shall assign the proposed bill to a representative for sponsorship in the house of representatives in odd-numbered years. The president of the senate shall assign the proposed bill to a senator for sponsorship in the senate in even-numbered years.
A bill recommended for consideration by a committee of reference pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.
Before the repeal, continuation, reestablishment, or revision of an agency's functions,a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).
(7) (a) Pursuant to the process established in this section, a committee of reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.
This section shall not cause the dismissal of a claim or right of a person through oragainst an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.
This section does not affect the general assembly's authority to otherwise considerlegislation affecting a division, board, agency, or similar body.
If an agency or function repeals pursuant to the provisions of this section and thegeneral assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.
The purpose of this section is to provide a listing of the divisions, boards, agencies,and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.
to (15) Repealed.
(a) The following agencies, functions, or both, will repeal on July 1, 2019:
(I) to (VII) Repealed.
(b) This subsection (16) is repealed, effective July 1, 2021.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2019:
(I) and (II) Repealed.
(III) The functions of the administrator, defined in section 5-9.5-103, C.R.S., with regard to refund anticipation loan facilitators regulated in article 9.5 of title 5, C.R.S.; (IV) to (XV) Repealed.
(b) This subsection (17) is repealed, effective September 1, 2021.
(a) The following agencies, functions, or both, are scheduled to repeal on July 1, 2020:
(I) to (VI) Repealed.
(b) This subsection (18) is repealed, effective July 1, 2022.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2020:
(I) to (VII) Repealed.
(VIII) The licensing of private investigators by the director of the division of professions and occupations in accordance with article 160 of title 12; (IX) to (XIV) Repealed.
(b) This subsection (19) is repealed, effective September 1, 2022.
(a) The following agencies, functions, or both, will repeal on July 1, 2021:
The workers' compensation classification appeals board created in article 55 of title 8,C.R.S.;
The electronic prescription drug monitoring program created in part 4 of article 280 of title 12.
(b) This subsection (20) is repealed, effective July 1, 2023.
(a) The following agencies, functions, or both, will repeal on September 1, 2021:
The assistance program for disability benefits under part 22 of article 30 of this title;
The state board of pharmacy and the regulation of the practice of pharmacy, including the regulation of the practice as a pharmacy technician, by the department of regulatory agencies through the division of professions and occupations in accordance with parts 1 to 3 of article 280 of title 12; (III) Repealed.
The permitting of dental hygienists to place interim therapeutic restorations in accordance with section 12-220-505;
The office of consumer counsel created in article 6.5 of title 40, C.R.S.;
The administration of the "Michael Skolnik Medical Transparency Act of 2010" bythe director of the division of professions and occupations in accordance with section 12-30-102;
The registration of direct-entry midwives by the division of professions and occupations in accordance with article 225 of title 12;
The registration of surgical assistants and surgical technologists pursuant to article310 of title 12;
The regulation of athletic trainers by the director of the division of professions andoccupations in the department of regulatory agencies in accordance with article 205 of title 12;
The application of silver diamine fluoride by dental hygienists in accordance withsection 12-220-506.
(b) This subsection (21) is repealed, effective September 1, 2023.
(a) The following agencies, functions, or both, are scheduled for repeal on July 1, 2022:
The certification of conveyances and conveyance mechanics, contractors, and inspectors in accordance with article 5.5 of title 9, C.R.S.;
The limitations on imposition of fines for failure to carry workers' compensationinsurance pursuant to section 8-43-409 (1.5).
(b) This subsection (22) is repealed, effective July 1, 2024.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2022:
The state board of optometry created in article 275 of title 12;
The state board of veterinary medicine created in article 315 of title 12;
The certification of persons in connection with the control of asbestos in accordancewith part 5 of article 7 of title 25, C.R.S.;
The licensing of persons who practice acupuncture by the director of the division ofprofessions and occupations in accordance with article 200 of title 12;
The licensure of massage therapists by the director of the division of professions andoccupations in accordance with article 235 of title 12;
The board of real estate appraisers created in part 6 of article 10 of title 12;
The division of gaming created in part 2 of article 30 of title 44;
The regulation of speech-language pathologists by the director of the division ofprofessions and occupations in accordance with article 305 of title 12;
The domestic violence offender management board created in section 16-11.8-103;
The regulation of preneed funeral contracts in accordance with article 15 of title 10;(XI) The Colorado second chance scholarship program created in section 23-3.3-1201; (XII) The Colorado resiliency office created in section 24-32-121.
(b) This subsection (23) is repealed, effective September 1, 2024.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2023:
The regulation by the commissioner of agriculture of the application of pesticides inaccordance with article 10 of title 35, C.R.S.;
The division of racing events, including the Colorado racing commission, created byarticle 32 of title 44;
The issuance of information letters and private letter rulings by the executive director of the department of revenue in accordance with section 24-35-103.5;
The appointment of notaries public through the secretary of state in accordancewith part 5 of article 21 of this title 24;
The Grand Junction veterans one-stop center established pursuant to section 28-5713;
The regulation of the custom processing of meat animals by the department of agriculture in accordance with article 33 of title 35;
The grant program to provide funding to eligible community-based organizationsthat provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);
The regulation of nursing home administrators by the board of examiners of nursing home administrators in accordance with article 265 of title 12; (IX) Repealed.
(X) The community crime victims grant program created in section 25-20.5-801; (XI) The justice reinvestment crime prevention initiative created in section 24-32-120; (XII) Human trafficking prevention training pursuant to section 24-33.5-523.
(b) This subsection (24) is repealed, effective September 1, 2025.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024:
The division of financial services created in article 44 of title 11;
The licensing functions of the banking board and the state bank commissioner specified in article 110 of title 11 regarding persons who transmit money;
The division of banking and the banking board created in article 102 of title 11;
The state board of licensure for architects, professional engineers, and professionalland surveyors in the department of regulatory agencies created in section 12-120-103;
The state plumbing board created in article 155 of title 12;
The functions of the broadband deployment board created in section 40-15-509.5;
The evidential breath-testing cash fund created in section 42-4-1301.1 (9);
The veterans assistance grant program created in section 28-5-712;
The underfunded courthouse facility cash fund commission created in part 3 ofarticle 1 of title 13;
The regulation of private occupational schools and their agents under article 64 oftitle 23, including the functions of the private occupational school division created in section 2364-105, and the private occupational school board created in section 23-64-107;
The licensing and regulation of respiratory therapists by the division of professionsand occupations in the department of regulatory agencies in accordance with article 300 of title 12;
The Colorado commission for the deaf, hard of hearing, and deafblind created inarticle 21 of title 26;
The regulation of persons registered to practice mortuary science by sections 12135-110 and 12-135-111 and cremation by sections 12-135-303 and 12-135-304, and the administration thereof in accordance with part 4 of article 135 of title 12, and the regulation of nontransplant tissue banks by section 12-140-103;
The functions specified in part 2 of article 19 of title 5 of the administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;
The licensing of bingo and other games of chance through the secretary of state inaccordance with part 6 of article 21 of this title 24;
The Colorado bingo-raffle advisory board created in section 24-21-630;
The functions of the public utilities commission with regard to the administrationof the high cost support mechanism created in section 40-15-208;
The licensing of physical therapists by the physical therapy board in accordancewith part 1 of article 285 of title 12;
The certification of physical therapist assistants by the physical therapy board inaccordance with part 2 of article 285 of title 12;
The program to increase public awareness concerning the safe use, storage, anddisposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose developed pursuant to section 27-80-118 (5);
The harm reduction grant program created in section 25-20.5-1101.
(b) This subsection (25) is repealed, effective September 1, 2026.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:
The Colorado dental board created in article 220 of title 12;
The accreditation of health care providers under the workers' compensation systemin accordance with section 8-42-101 (3.5) and (3.6), C.R.S.;
The regulation of outfitters by the director of the division of professions and occupations in accordance with article 145 of title 12;
The rural alcohol and substance abuse prevention and treatment program createdpursuant to section 27-80-117 in the office of behavioral health in the department of human services;
The identity theft and financial fraud board created in part 17 of article 33.5 of this
title;
The Colorado fraud investigators unit created in part 17 of article 33.5 of this title;
The functions of the department of public health and environment regarding community integrated health care service agencies pursuant to part 13 of article 3.5 of title 25, C.R.S.;
The primary care payment reform collaborative established in section 10-16-150;(IX) The HOA information and resource center created in section 12-10-801; (X) Reserved.
The licensing and regulation of persons by the department of agriculture in accordance with article 36 of title 35;
The motorcycle operator safety training program created in part 5 of article 5 oftitle 43.
(b) This subsection (26) is repealed, effective September 1, 2027.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2026:
The regulation of barbers, hairstylists, cosmetologists, estheticians, nail technicians,and registered places of business under section 12-105-112 by the director of the division of
professions and occupations in accordance with article 105 of title 12;
The division of securities created in section 11-51-701, C.R.S.;
The securities board created in section 11-51-702.5, C.R.S.;
The registration and regulation of vessels by the department of natural resources inaccordance with article 13 of title 33, C.R.S.;
The office of combative sports, including the Colorado combative sports
commission, created in article 110 of title 12;
The division of real estate, including the real estate commission, created in part 2 ofarticle 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;
The regulation of professional cash-bail agents and cash-bonding agents in accordance with article 23 of title 10;
The Colorado podiatry board created in article 290 of title 12;(IX) Reserved.
The cold case task force created in section 24-33.5-109;
The record-keeping, licensing, and central registry functions of the department ofhuman services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;
The licensing of pet animal facilities by the commissioner of agriculture in accordance with article 80 of title 35;
The fire suppression programs of the division of fire prevention and control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-
1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;
The Colorado medical board created in article 240 of title 12;
The regulation of dialysis treatment clinics and hemodialysis technicians in accordance with section 25-1.5-108;
The Colorado public utilities commission created in article 2 of title 40;
The legal requirements pertaining to home warranty service contracts under part9 of article 10 of title 12.
(b) This subsection (27) is repealed, effective September 1, 2028.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2027:
The regulation of motor vehicle and powersports vehicle sales by the motor vehicledealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;
The Colorado civil rights division, including the Colorado civil rights commission,created in part 3 of this article 34;
The state board of nursing created in article 255 of title 12;
The state board of nursing created in article 255 of title 12 and the functions of theboard, including the functions related to the certification of nurse aides.
(b) This subsection (28) is repealed, effective September 1, 2029.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2028:
The licensing of landscape architects in accordance with article 130 of title 12;
The administration of the "Colorado Fair Debt Collection Practices Act" by the administrator of the "Uniform Consumer Credit Code", articles 1 to 9 of title 5, in accordance with article 16 of title 5;
The issuance of licenses and certificates related to measurement standards by thecommissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;
The functions of the underground damage prevention safety commission related tounderground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5104.8;
The functions of the commissioner of agriculture related to seed potatoes under article 27.3 of title 35;
In-home support services established in part 12 of article 6 of title 25.5;
The licensing of river outfitters through the parks and wildlife commission and thedivision of parks and wildlife in accordance with article 32 of title 33;
The functions of the department of public health and environment relating to thelicensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;
The medical marijuana program created in section 25-1.5-106;(X) and (XI) Repealed.
(XII) The "Colorado Marijuana Code", article 10 of title 44.
(b) This subsection (29) is repealed, effective September 1, 2030.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2029:
The automobile theft prevention authority and the automobile theft prevention boardcreated in section 42-5-112;
The licensing of mortgage loan originators and the registration of mortgage companies in accordance with part 7 of article 10 of title 12;
The regulation of persons working in coal mines by the department of natural resources through the coal mine board of examiners in accordance with article 22 of title 34;
The Colorado state board of chiropractic examiners created in article 215 of title 12;
The registration of naturopathic doctors in accordance with article 250 of title 12;
Notwithstanding subsection (7)(a) of this section, the functions of the boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12.
(b) This subsection (30) is repealed, effective September 1, 2031.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2030:
The functions of the division of insurance in the department of regulatory agenciesspecified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;
The state board of accountancy created in article 100 of title 12;
The passenger tramway safety board created in section 12-150-104;
The functions of professional review committees specified in article 30 of title 12;
The licensing of occupational therapists and occupational therapy assistants in accordance with article 270 of title 12.
(b) This subsection (31) is repealed, effective September 1, 2032.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:
The registration functions of the commissioner of agriculture specified in article 27 oftitle 35;
The licensing of egg dealers in accordance with article 21 of title 35;
The water and wastewater facility operators certification board created in section25-9-103;
The licensing of hearing aid providers by the division of professions and occupations in accordance with article 230 of title 12;
The licensing of audiologists by the division of professions and occupations in accordance with article 210 of title 12.
(b) This subsection (32) is repealed, effective September 1, 2033.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2032:
(I) The state electrical board created in article 23 of title 12.
(b) This subsection (33) is repealed, effective September 1, 2034.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2033:
(I) The issuance of permits for specific weather modification operations through the executive director of the department of natural resources in accordance with article 20 of title 36.
(b) This subsection (34) is repealed, effective September 1, 2035.
(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2034:
The regulation of produce safety on farms by the commissioner of agriculture in accordance with article 77 of title 35;
The licensing and regulation of psychiatric technicians by the state board of nursingin accordance with article 295 of title 12;
The licensing of public livestock markets in accordance with article 55 of title 35;(IV) The air quality enterprise created by section 25-7-103.5.
(b) This subsection (35) is repealed, effective September 1, 2036.
Source: For source information prior to 2016, go to http://bit.ly/24-34-104. L. 2016: Entire section R&RE, (HB 16-1192), ch. 83, p. 218, § 3, effective April 14; IP(47) amended, (47)(c) repealed, and (56)(d) added, (HB 16-1168), ch. 93, p. 262, § 2, effective April 14; (47)(b) repealed and (54)(b) added, (HB 16-1170), ch. 109, p. 312, § 2, effective April 15; (47.5)(h) amended, (SB 16-189), ch. 210, p. 766, § 49, effective June 6; (56)(d) added, (SB 16-069), ch. 260, p. 1071, § 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB 16-1261), ch. 338, p. 1378, § 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and(54)(b) added, and (HB 16-1232), ch. 336, p. 1367, § 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB 16-161), ch. 264, p. 1095, § 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB 161160), ch. 330, p. 1338, § 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB 161158), ch. 147, p. 442, § 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB 161159), ch. 148, p. 444, § 2, effective August 10; (47.5)(e) repealed, (57)(c) amended, and (57)(d) added, (HB 16-1173), ch. 114, p. 323, § 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB 16-1345), ch. 347, p. 1417, § 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB 16-1360), ch. 350, p. 1422, § 2, effective August 10; (51.5)(j) added, (HB 16-1404), ch. 358, p. 1494, § 2, effective August 10; (52.5)(f) added, (HB 16-1157), ch. 79, p. 204, § 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB 17-148), ch. 183, p. 673, § 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB 17-232), ch. 233, p. 907, § 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB 17-242), ch. 263, p. 1321, § 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB 17-216), ch. 285, p. 1577, § 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB 17-249), ch. 283, p. 1543, § 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB 17-218), ch. 304, p. 1656, § 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB 17-215), ch. 282, p. 1534, § 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB 17-240), ch. 395, p. 2038, § 1, effective July 1; (13)(a)(IV) repealed,
IP(19)(a) amended, and (19)(a)(XIII) added, (SB 17-243), ch. 256, p. 1073, § 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB 17-1119), ch. 317, p. 1708, § 11, effective July 1;
(12)(a)(VII) and (25)(a) amended, (HB 17-1238), ch. 260, p. 1174, § 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB 17-201), ch. 308, p. 1670, § 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB 17108), ch. 146, p. 489, § 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB 17-236), ch. 312, p. 1677, § 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB 17-106), ch. 302, p. 1648, § 1, effective August
9; IP(18)(a) and (18)(a)(IV) amended, (SB 17-225), ch. 262, p. 1246, § 6, effective August 9;
IP(19)(a) amended and (19)(a)(XIV) added, (HB 17-1326), ch. 394, p. 2035, § 7, effective
August 9; IP(25)(a) and (25)(a)(X) amended, (HB 17-1239), ch. 261, p. 1207, § 18, effective August 9; (25)(a)(II) amended, (SB 17-226), ch. 159, p. 590, § 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB 17-132), ch. 207, p. 807, § 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB 17-132), ch. 207, pp. 807, 809, §§ 3, 8, (SB 17294), ch. 264, p. 1418, § 121. L. 2018: (14)(a)(V) repealed, (HB 18-1183), ch. 60, p. 607, § 1, effective March 22; (21)(a)(X) added, (HB 18-1045), ch. 67, p. 624, § 6, effective March 22; (14)(a)(I) repealed, (HB 18-1239), ch. 114, p. 810, § 1, effective April 12; (24)(a)(V) added, (HB 18-1337), ch. 191, p. 1275, § 2, effective April 30; (24)(a)(X) added, (HB 18-1409), ch. 244, p.
1514, § 3, effective May 24; (14)(a)(II) repealed, (HB 18-1291), ch. 273, p. 1693, § 9, effective May 29; (29)(a)(II) amended, (HB 18-1375), ch. 274, p. 1710, § 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB 18-1176), ch. 321, p. 1927, § 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB 18-1146), ch. 377, p. 2282, § 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB 18-1235), ch. 208, p. 1339, § 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB 18-1294), ch. 277, p. 1749, § 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB 18-1256), ch. 229, p. 1441, § 2, effective July 1; (15)(a)(I) repealed and (30) added, (HB 18-1240), ch. 209, p. 1341, § 1, effective August 8; (15)(a)(IV) repealed and (34) added, (HB 18-1147), ch. 166, p. 1139, § 1, effective August 8; (15)(a)(V) repealed and (30) added, (HB 18-1174), ch. 282, p. 1761, § 1, effective August 8; (15)(a)(VI) repealed, (HB 18-1237), ch. 165, p. 1137, § 1, effective August 8; (24)(a)(IX) added, (HB 18-1309), ch. 269, p. 1659, § 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB 18-002), ch. 89, p. 715, § 5, effective August 8; (25)(a)(XII) amended, (HB 18-1108), ch. 303, p. 1836, § 10, effective August 8; (25)(a)(XIII) amended, (SB 18-234), ch. 332, p. 1999, § 4, effective August 8; (29)(a)(IV) added, (SB 18167), ch. 256, p. 1577, § 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and
(25)(a)(XVIII) and (25)(a)(XIX) added, (HB 18-1155), ch. 315, p. 1897, § 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB 18-1023), ch. 55, p. 588, § 17, effective October 1; (23)(a)(VII) amended, (SB 18-034), ch. 14, p. 246, § 32, effective October 1; (24)(a)(II) amended, (HB 18-1024), ch. 26, p. 323, § 15, effective October 1; (28)(a)(I) amended, (SB 18-030), ch. 7, p. 139, § 10, effective October 1; (6)(b)(IX) amended, (HB 181418), ch. 352, p. 2088, § 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB 19-064), ch. 179, p. 2038, § 4, effective May 14; (23)(a)(XII) added, (HB 19-1292), ch. 183, p. 2062, § 4, effective May 16; (26)(a)(VIII) added, (HB 19-1233), ch. 194, p. 2123, § 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB 19-159), ch. 209, p. 2209, § 2, effective May 17; (16)(a)(II) repealed and (35) added, (SB 19-150), ch. 241, p. 2369, § 1, effective May 20; (25)(a)(XX) added, (SB 19-228), ch. 276, p. 2606, § 11, effective May 23;
(17)(a)(I) repealed and (27)(a)(XVI) added, (SB 19-236), ch. 359, p. 3290, § 2, effective May
30; (16)(a)(III) repealed and (35) added, (SB 19-154), ch. 169, p. 1971, § 2, effective July 1;
(16)(a)(IV) repealed and (31)(a)(II) added, (SB 19-155), ch. 235, p. 2329, § 1, effective July 1;
(16)(a)(V) repealed and (33) added, (SB 19-156), ch. 346, p. 3198, § 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB 19-153), ch. 369, p. 3376, § 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB 19-193), ch. 406, p. 3586, § 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V) added, (SB 19-147), ch. 100, p. 363, § 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB 19-160), ch. 416, p. 3661, § 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X) added, (SB 19-163), ch. 213, p. 2221, § 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB 19-145), ch. 218, p. 2241, § 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB 19-234), ch. 181, p. 2050, § 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB 19-157), ch. 260, p. 2474, § 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB 19-158), ch. 409, p. 3605, § 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB 19164), ch. 371, p. 3385, § 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI) added, (SB 19-219), ch. 277, p. 2613, § 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII) added, (SB 19-146), ch. 314, p. 2819, § 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB 19-224), ch. 315, p. 2823, § 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB 19-218), ch. 343, p. 3188, § 3, effective August 2; (21)(a)(III) repealed, (SB 19-254), ch. 336, p. 3090, § 1, effective August 2; (23)(a)(XI) added, (SB 19-231), ch. 290, p. 2674, § 3, effective August 2; (24)(a)(XII) added, (HB 19-1051), ch. 404, p. 3577, § 4, effective August 2; (25)(a)(XXI) added, (SB 19-008), ch. 275, p. 2599, § 6, effective August 2; (35) added, (HB 19-1114), ch. 74, p. 275, § 3, effective August 2; (16)(a)(I), (16)(a)(III),
(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII), (18)(a)(V), (18)(a)(VI),
(19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI), (19)(a)(VII), (19)(a)(VIII),
(19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV), (21)(a)(VI), (21)(a)(VII),
(21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II), (23)(a)(IV), (23)(a)(V), (23)(a)(VI),
(23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V), (25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII),
(25)(a)(XIX), (26)(a)(I), (26)(a)(III), (27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB 19-1172), ch. 136, p. 1688, § 129, effective October 1; (21)(a)(II) amended, (HB 19-1242), ch. 434, p. 3757, § 17, effective October 1; (29)(a)(XII) added, (SB 19224), ch. 315, p. 2939, § 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB 20-1208), ch. 119, p. 494, § 1, effective June 23; (27)(a)(XVII) added, (HB 20-1214), ch. 122, p. 519, § 2, effective June 24; (18)(a)(II) repealed and (32) added, (HB 20-1211), ch. 159, p. 711, § 1, effective June 29; (18)(a)(III) repealed and (32) added, (HB 201184), ch. 145, p. 628, § 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB 20-1213), ch. 160, p. 715, § 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB 20-1200), ch. 188, p. 860, § 1, effective June 30; (24)(a)(IX) repealed, (HB 20-1418), ch. 197, p. 945, § 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB 20-1216), ch. 190, p. 864, § 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV) added, (HB 20-1210), ch. 158,
p. 706, § 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV) added, (HB 20-1183), ch. 157, p. 673, § 2, effective July 1; (35)(a)(IV) added, (SB 20-204), ch. 192, p. 891, § 3, effective July 1; (19)(a)(XI) repealed, (HB 20-1404), ch. 231, p. 1121, § 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB 20-1212), ch. 228, p. 1113, § 2, effective July 2; (19)(a)(X) repealed, (HB 20-1286), ch. 269, p. 1304, § 1, effective July 10; (19)(a)(IV) repealed and (32) added, (HB 20-1215), ch. 273, p. 1335, § 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB 20-1285), ch. 292, p. 1439, § 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB 20-1206), ch. 304, p. 1524, § 2, effective July 14; (19)(a)(V) repealed and (32) added, (HB 20-1219), ch. 300, p. 1491, § 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB 20-1218), ch. 299, p. 1483, § 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB 20-1230), ch. 274, p. 1338, § 2, effective September 14; (19)(a)(IX) repealed, (HB 20-1217), ch. 93, p. 369, § 2, effective September 14; (21)(a)(IV) and (21)(a)(X) amended, (HB 20-1056), ch. 64, p. 263, § 6, effective September 14.
Editor's note: (1) Amendments to this section by Senate Bill 16-062, Senate Bill 16069, Senate Bill 16-077, Senate Bill 16-115, Senate Bill 16-161, House Bill 16-1014, House Bill 16-1157, House Bill 16-1158, House Bill 16-1159, House Bill 16-1160, House Bill 16-1168, House Bill 16-1170, House Bill 16-1171, House Bill 16-1172, House Bill 16-1173, House Bill 16-1177, House Bill 16-1182, House Bill 16-1232, House Bill 16-1236, House Bill 16-1255, House Bill 16-1261, House Bill 16-1328, House Bill 16-1345, House Bill 16-1360, and House
Bill 16-1404 were renumbered and harmonized with House Bill 16-1192, pursuant to section 23-702.5.
(a) Subsection (46)(k) was amended in SB 16-161, effective July 1, 2016. However, those amendments were superseded by the repeal and reenactment of this section in HB 16-1192, effective April 14, 2016.
(b) Subsection (47.5)(h) was amended in SB 16-189. Those amendments were superseded by the repeal of subsection (47.5)(h) in HB 16-1360, effective August 10, 2016. For the amendments to subsection (47.5)(h) in SB16-189 in effect from June 6, 2016, to August 10, 2016, see chapter 210, Session Laws of Colorado 2016. (L. 2016, p. 766.)
Amendments to subsection (29) by SB 17-216 and SB 17-218 were harmonized;except that the introductory portion to subsection (29)(a) as added by Senate Bill 17-216 superseded the introductory portion to subsection (29)(a) as added by Senate Bill 17-218.
Amendments to subsection (25)(a) by HB 17-1238, SB 17-226, SB 17-232, and HB17-1239 were harmonized.
Subsection (12)(a)(VII) was amended in HB 17-1238, effective August 9, 2017. However, those amendments were superseded by the repeal of subsection (12)(a)(VII) in SB 17216, effective June 1, 2017.
The effective date for changes to subsections IP(14)(a), (14)(a)(VII), IP(24)(a), and(24)(a)(IV) by Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by section
121 of Senate Bill 17-294. (See L. 2017, p. 1418.)
Amendments to subsection (30) by HB 18-1174 and HB 18-1240 were harmonized.
(a) Subsection (10)(b) provided for the repeal of subsection (10), effective July 1, 2018. (See L. 2016, p. 218.)
Subsection (11)(b) provided for the repeal of subsection (11), effective September 1,2018. (See L. 2016, p. 218.)
Subsection (14)(a)(VII)(B) provided for the repeal of subsection (14)(a)(VII), effective July 1, 2018. (See L. 2017, pp. 807, 809, 1418.)
Amendments to subsection (21)(a)(II) by HB 19-1172 and HB 19-1242 were harmonized. Amendments to subsection (35) by SB 19-150, SB 19-154, and HB 19-1114 were harmonized.
Subsections (16)(a)(I), (16)(a)(III), (16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), and (17)(a)(VII) were amended in HB 19-1172, effective October 1, 2019. However, those amendments were superseded by the repeal of the subsections as follows: (16)(a)(I) in SB 19-159, effective May 17, 2019; (16)(a)(III) in SB 19-154, effective July 1, 2019; (16)(a)(IV) in SB 19-155, effective July 1, 2019; (16)(a)(V) in SB 19-156, effective July 1, 2019; (16)(a)(VI) in SB 19-153, effective July 1, 2019; (16)(a)(VII) in SB 19-193, effective July 1, 2019; and (17)(a)(VII) in SB 19-234, effective August 2, 2019.
(a) Subsection (12)(b) provided for the repeal of subsection (12), effective July 1, 2019. (See L. 2016, p. 218.)
(b) Subsection (13)(b) provided for the repeal of subsection (13), effective September 1, 2019. (See L. 2016, p. 218.)
(a) Amendments to subsection (32) by HB 20-1184, HB 20-1211, HB 20-1215, HB 20-1218, and HB 20-1219 were harmonized.
Section 9 of chapter 159 (HB 20-1211), Session Laws of Colorado 2020, providesthat the act changing this section applies to offenses committed on or after June 29, 2020.
Section 6 of chapter 273 (HB 20-1215), Session Laws of Colorado 2020, providesthat the act changing this section applies to conduct occurring on or after July 11, 2020.
Section 6(2) of chapter 93 (HB 20-1217), Session Laws of Colorado 2020, providesthat the act changing this section applies to conduct occurring on or after September 14, 2020.
Section 7 of chapter 192 (SB 20-204), Session Laws of Colorado 2020, provides thatthe act changing this section applies to fees paid on or after July 1, 2020.
(a) Subsection (14)(b) provided for the repeal of subsection (14), effective July 1, 2020. (See L. 2016, p. 218.)
Subsection (15)(b) provided for the repeal of subsection (15), effective September 1,2020. (See L. 2016, p. 218.)
Subsections (29)(a)(X)(B) and (29)(a)(XI)(B) provided for the repeal of subsections(29)(a)(X) and (29)(a)(XI), respectively, effective January 1, 2020. (See L. 2019, p. 2823.)
Cross references: (1) For source notes, editor's notes, and cross references to this section prior to the repeal and reenactment of this section in 2016, consult the 2015 Colorado Revised Statutes.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, SessionLaws of Colorado 2017. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017.
For the legislative declaration in HB 18-1176, see section 1 of chapter 321, SessionLaws of Colorado 2018. For the legislative declaration in HB 18-1409, see section 1 of chapter 244, Session Laws of Colorado 2018.
For the legislative declaration in HB 19-1292, see section 1 of chapter 183, SessionLaws of Colorado 2019. For the legislative declaration in HB 19-1233, see section 1 of chapter 194, Session Laws of Colorado 2019. For the legislative declaration in SB 19-231, see section 1 of chapter 290, Session Laws of Colorado 2019.
(a) For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. For the legislative declaration in HB 20-1404, see section 1 of chapter 231, Session Laws of Colorado 2020. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.
(b) For the short title ("Clean Up Colorado's Air Act") in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020.