Bill Tracker

Usually, an owner of agricultural equipment must seek diagnostic,
maintenance, or repair services of the equipment from the agricultural
equipment manufacturer (manufacturer).
Starting January 1, 2024, the bill requires a manufacturer to
provide parts, embedded software, firmware, tools, or documentation,
such as diagnostic, maintenance, or repair manuals, diagrams, or similar
information (resources), to independent repair providers and owners of
the manufacturer's agricultural equipment to allow an independent repair
provider or owner to conduct diagnostic, maintenance, or repair services
on the owner's agricultural equipment.
The bill folds agricultural equipment into the existing consumer
right-to-repair statutes, which statutes provide the following:
  • A manufacturer's failure to comply with the requirement to
provide resources is a deceptive trade practice;
  • In complying with the requirement to provide resources, a
manufacturer need not divulge any trade secrets to
independent repair providers and owners; and
  • Any new contractual provision or other arrangement that a
manufacturer enters into that would remove or limit the
manufacturer's obligation to provide resources to
independent repair providers and owners is void and
unenforceable.

Section 1 of the bill authorizes an individual to move from one
corner of public land to another corner of public land where 2 public
parcels meet 2 private parcels and share a common border, without being
liable for criminal or civil trespass, if:
  • 2 parcels of public land touch so that the individual can
reasonably step from one parcel of public land to the other
parcel of public land, or if there's a fence, could make the
step as if there were not a fence;
  • The individual moves over private land only as much as
necessary to cross from one parcel of public land to the
other;
  • The individual does not step on or stand on the privately
owned land or touch a fence on or other improvement to
the privately owned land, but the individual may use
mechanical means to move over the privately owned land;
and
  • The individual does not use a vehicle other than a
wheelchair to cross over the private land.
This authorization does not apply to the following:
  • Moving over an improvement to public land that is
designed to be occupied by individuals;
  • Entering public land to use it in a way that violates the law;
  • Moving over public land that the governing entity has
prohibited the general public from entering or has
controlled access to.
Section 1 also prohibits a landowner from erecting an
improvement to such a corner that is more than 54 inches high within 4
feet of the corner.
Section 2 requires a court to dismiss a trespass tort if the defendant
has complied with section 1. A successful defendant is awarded costs,
including attorney fees.
Section 3 instructs the parks and wildlife commission to
promulgate rules codifying the actions allowed in section 1. The division
of parks and wildlife will publicize the rules.

The bill prohibits, on or after January 1, 2024, a nonresident
foreign citizen, foreign entity, or foreign government of the People's
Republic of China, the Russian Federation, or any country determined by
the United States secretary of state to be a state sponsor of terrorism
(covered foreign person) from acquiring a controlling ownership share in
agricultural land, mineral rights, or water rights (property interest) in the
state (prohibition). A covered foreign person who acquires a controlling
ownership share in a property interest in the state prior to January 1, 2024,
may continue to own the property interest but may not acquire a
controlling ownership share in any additional property interests in the
state.
No later than March 1, 2024, or 60 days after acquiring any
ownership in a property interest in the state, whichever is later, a covered
foreign person must register with the secretary of state (registration
requirement). The secretary of state is authorized to promulgate rules to
implement the registration requirement.
If the attorney general has reason to believe that a covered foreign
person has violated the prohibition or has not complied with the
registration requirement, the attorney general must commence a civil
action against the covered foreign person in a district court. If a district
court finds that the covered foreign person has violated the prohibition,
the district court must issue a judgment reverting the property interest to
the state. If the district court finds that the covered person has not
complied with the registration requirement, the district court must impose
a penalty of no more than $2,000 for each violation.

Current law allows a legislative measure to include a greenhouse
gas emissions report (report) prepared by the nonpartisan staff of the
legislative council that indicates whether the legislative measure is likely
to cause a net increase, decrease, or indeterminate amount of greenhouse
gas pollution in the 10-year period following its enactment. A report must
consider new sources of emissions, increases or decreases in existing
sources of emissions, and any impact on sequestration of emissions. The
department of natural resources, the Colorado energy office, and other
state agencies with relevant subject matter expertise are required to
cooperate with and provide information, if requested, to the legislative
council staff to assist in the preparation of a report.
The bill requires the director of research of the legislative council
(director) to prepare a preliminary report that requires an analysis on
whether a properly submitted initiative has a net change in greenhouse
gas emissions that directly impacts the following sectors:
  • Electric power;
  • Natural gas and oil systems;
  • Transportation;
  • Residential, commercial, or industrial fuel use;
  • Industrial processes;
  • Coal mining and abandoned mines;
  • Waste management;
  • Land use, land use change, or forestry; and
  • Agriculture.
The director is required to provide proponents of the proposed
initiative, or their representatives, and the secretary of state with the
preliminary report no later than the time of the title board meeting at
which the proposed initiated measure is to be considered.
The bill requires the ballot title of a measure that has a net increase
in greenhouse gas emissions as indicated by the preliminary report to
begin with Shall there be an increase in greenhouse gas emissions....
The ballot title of a measure that has a net decrease in greenhouse gas
emissions as indicated by the preliminary report must begin with Shall
there be a decrease in greenhouse gas emissions....
If it is determined in the preliminary report that the proposed
initiative is likely to directly cause a net increase or decrease, excluding
any de minimis net changes, in greenhouse gas pollution in the 10-year
period following the potential enactment of the initiative, staff of the
legislative council are required to prepare a full report. The department
of natural resources, the Colorado energy office, and other state agencies
with relevant subject matter expertise are required to assist the staff of the
legislative council with information in preparation of the report if
requested.
Proponents may file a motion for a rehearing with the secretary of
state within 7 days after the title board sets the initiative's title on the
grounds that the preliminary report is misleading or prejudicial. The title
board may modify the preliminary report based on information presented
at the rehearing. If the title board modifies the report, the secretary of
state shall provide the director with a copy of the amended report and the
director shall post the new version of the report on the legislative
council's website.
The bill further requires the ballot information booklet to include
any required preliminary report for any statewide measure and provide
information on how to obtain the full greenhouse gas emissions report if
one is available.

Water Resources and Agriculture Review Committee. The bill
removes a reference to the water resources and agriculture review
committee being an interim committee and removes an outdated reference
to Senate Bill 96-074 in the legislative declaration. The bill also removes
limitations on the number of meetings and the number of field trips the
committee may hold and requires the committee to meet at least 4 times
during each calendar year.

• January 26, 2023: Senate Agriculture & Natural Resources Committee Report

Section 1 of the bill requires that, beginning in 2024, each
insurance company issued a certificate of authority to transact insurance
business that reports more than $100 million on its annual schedule T
filing with the National Association of Insurance Commissioners (NAIC)
must participate in and complete the NAIC's Insurer Climate Risk
Disclosure Survey or successor survey or reporting mechanism.
Section 2 requires the public employees' retirement association
(PERA) board, on or before June 1, 2024, to adopt proxy voting
procedures that ensure that the board's voting decisions align with, and
are supportive of, the statewide greenhouse gas (GHG) emission
reduction goals.
Section 3 requires PERA to include as part of its annual
investment stewardship report, which report is posted on the PERA
board's website, a description of climate-related investment risks,
impacts, and strategies.
Section 4 adds wastewater thermal energy equipment to the
definition of pollution control equipment, which equipment may be
certified by the division of administration (division) in the department of
public health and environment (CDPHE). Similarly, section 5 adds
wastewater thermal energy to the definition of clean heat resource,
which resource a gas distribution utility includes in its clean heat plan
filed with the public utilities commission.
Section 6 updates the statewide GHG emission reduction goals to
add a 65% reduction goal for 2035, an 80% reduction goal for 2040, and
a 90% reduction goal for 2045 when compared to 2005 GHG pollution
levels. Section 6 also increases the 2050 GHG emission reduction goal
from 90% of 2005 GHG pollution levels to 100%.
Section 7 gives the oil and gas conservation commission
(COGCC) authority over class VI injection wells used for sequestration
of GHG if the governor and COGCC determine, in accordance with a
study that the COGCC conducted in 2021, that the state has sufficient
resources to ensure the safe and effective regulation of the sequestration
of GHG. If the governor and the COGCC determine there are sufficient
resources, the COGCC may seek primacy under the federal Safe
Drinking Water Act and, when granted, may issue and enforce permits
for class VI injection wells. The COGCC shall require, as part of its
regulation of class VI injection wells, that operators of the wells maintain
adequate financial assurance until the COGCC approves the closure of a
class VI injection well site.
Section 8 establishes a state income tax credit in an amount equal
to 30% of the purchase price for new, electric-powered lawn equipment
for purchases made in income tax years 2024 through 2026. A seller of
new, electric-powered lawn equipment that demonstrates that it provided
a purchaser a 30% discount from the purchase price of new,
electric-powered lawn equipment may claim the tax credit.
Current law requires an electric retail utility (utility) to offer a net
metering credit as the means of purchasing output from a community
solar garden (CSG) located within the utility's service territory and
establishes the means of calculating the net metering credit. Section 9
maintains that calculation if the CSG indicates to the utility that the CSG's
subscribers' bill credits change annually. If the CSG indicates to the utility
that the CSG's subscribers' bill credits remain fixed, however, section 9
provides a different calculation for determining the net metering credit.
Sections 10 through 12 incorporate projects to renovate or
recondition existing utility transmission lines into the Colorado Electric
Transmission Authority Act, allowing the Colorado electric transmission
authority to finance and renovate, rebuild, or recondition existing
transmission lines in order to update and optimize the transmission lines.
Section 13 requires a local government to expedite its review of
a land use application that proposes a project to renovate, rebuild, or
recondition existing transmission lines.
Section 14 makes a conforming amendment regarding the updated
statewide GHG emission reduction goals set forth in section 6.

• January 25, 2023: L.001 Senate Transportation & Energy Committee
• January 25, 2023: L.002 Senate Transportation & Energy Committee
• January 25, 2023: L.003 Senate Transportation & Energy Committee
• January 25, 2023: Senate Transportation & Energy Committee Report

Section 1 of the bill establishes the crime of unlawful equine
slaughter. A person engages in unlawful equine slaughter if the person:
  • Slaughters an equine when the person knows or reasonably
should know that any part of the equine will be used for
human consumption;
  • Possesses, imports into the state, exports from the state,
buys, sells, gives away, or accepts an equine with the intent
of killing, or having another person kill, the equine if the
person knows or reasonably should know that any part of
the equine will be used for human consumption; or
  • Possesses, imports into the state, exports from the state,
buys, sells, gives away, or accepts equine meat if the
person knows or reasonably should know that the meat will
be used for human consumption.
Section 1 provides a safe harbor to the offense for equine
slaughtered for use by a facility in feeding predators housed at the facility.
Each equine that is unlawfully slaughtered and each 100 pounds
of equine meat derived from unlawful slaughter is a separate offense. A
first violation is a class 1 misdemeanor with a mandatory minimum fine
of $1,000, and a second or subsequent violation within a 10-year period
is a class 5 felony with a mandatory minimum fine of $5,000. If a person
obtains the equine by fraud and commits unlawful equine slaughter, it is
a class 4 felony with a mandatory minimum fine of $10,000. In addition,
a person that commits unlawful equine slaughter is forever prohibited
from owning, possessing, or caring for an equine and from participating
in a public livestock market for 3 to 5 years.
Sections 2 and 3 require notice of the crime of unlawful equine
slaughter to be given at livestock auctions and on bills of sale.

The bill updates the veterinary education loan repayment program
in the following ways:
  • The number of qualified applicants per year is increased
from 4 to 6;
  • The requirement that an applicant must have graduated
from an accredited veterinary school in 2017 or later is
eliminated;
  • The total amount an applicant is eligible for over a 4-year
period is increased from $70,000 to $90,000;
  • The yearly repayment amounts for successful applicants are
increased; and
  • The state treasurer is required to transfer $540,000 from the
general fund to the veterinary education loan repayment
fund on September 1, 2023.

The bill changes the definitions of eligible business and eligible
farmer or rancher under the Colorado agricultural future loan program
to specify that:
  • Eligible businesses include entities that are currently in
operation and ones that will be in operation;
  • Eligible businesses and eligible uses for the loan include
businesses that conduct agricultural processing or ones that
develop or manufacture technology designed to benefit
farmers and ranchers; and
  • Eligible farmers and ranchers include farmers and ranchers
that currently own or operate or will own or operate a farm
or ranch.
The bill removes the repeal of the loan program.

In support of the use of agrivoltaics, which is the integration of
solar energy generation facilities with agricultural activities, section 2 of
the bill authorizes the agricultural drought and climate resilience office
(office) to award grants for new or ongoing demonstration or research
projects that demonstrate or study the use of agrivoltaics. On or before
October 1, 2023, the office is required to convene a stakeholder group to
advise on whether the office should impose any operational requirements
for agrivoltaic projects that apply for grants.
Section 4 authorizes the Colorado water conservation board
(board) to finance a project to study the feasibility of using aquavoltaics,
which are solar energy generation facilities placed over, or floating on,
irrigation canals or reservoirs.
Section 1 requires the director of the division of parks and wildlife
to consult on the impacts on wildlife of:
  • Any research projects for which the office awards money
to study the use of agrivoltaics; and
  • The project that the board finances to study the feasibility
of using aquavoltaics in the state.
Section 5 amends the statutory definition of solar energy facility,
used in determining the valuation of public utilities for property tax
purposes, to include agrivoltaics and aquavoltaics.
Section 3 requires the commissioner of agriculture or the
commissioner's designee (commissioner), in consultation with the
Colorado energy office, the air quality control commission, and an
institution of higher education with expertise in climate change
mitigation, adaptation benefits, and other environmental benefits related
to agricultural research, to examine greenhouse gas reduction and carbon
sequestration opportunities in the agricultural sector, including the use of
dry digesters and the potential for creating and offering a certified
greenhouse gas offset program and credit instruments in the agricultural
sector.
Section 3 requires the commissioner to submit a progress report
on the study to the general assembly on or before October 1, 2024, and a
final report, including any recommendations, on or before October 1,
2025.
Section 3 also authorizes the commissioner to adopt rules to
implement the recommendations, but requires that any greenhouse gas
offset program or other greenhouse gas reduction and carbon
sequestration program or mechanism established in rule not mandate
participation by agricultural producers.