2022 Colorado legislative session wrap-up
By Kelly Ragan
Colorado’s 2022 legislative session wrapped up this month with lawmakers making some significant moves on mental health care, affordable housing, TABOR refunds, abortion rights and more.
While there are a handful of bills awaiting Gov. Jared Polis’ signature, it’s unlikely they’ll get vetoed. We worked to break down some of the major highlights of the legislative session by theme to help you make sense of what your representatives did this year.
Housing
Protections for Mobile Home Park Residents, HB22-1287: Affordable housing is a hot topic in Colorado and continues to be a need throughout the state. Mobile homes make up a big chunk of the affordable housing available. Many mobile home residents own their home – but they don’t own the land under them. HB22-1278 aims to hold landlords more accountable for repairs, giving notice to homeowners if they decide to sell the property and more. Lawmakers sought to make it easier for mobile home park residents to buy the land under their home with SB22-160, which establishes a loan program. The $35 million funding the program comes from the American Rescue Plan Act.
Status: Signed into law
Affordable housing grants: Using 2021 American Rescue Plan Act dollars, the state established grant programs which will distribute some $178 million to address affordable housing and infrastructure. Some of the cash will be designated to encourage more high density development and energy efficiency.
Status: Grant established
Revolving Loan Fund and Middle Income Access Program Expansion: These programs set aside $125 million and $25 million respectively to go toward addressing affordable housing concerns.
Status: Grant established
The Clean Slate bill, SB22-099: This aims to help Coloradans’ have criminal records sealed if their record has been expunged. The idea is to reduce the obstacles folks face as they work to get jobs and housing.
Status: Signed into law
Food
Healthy Meals for All Public School Students, HB22-1414: This bill aims to provide reimbursement for free meals to all students, offer local food purchasing grants, and increase school district employee wages. To fund the measure, lawmakers closed a tax loophole impacting folks earning more than $300,000 a year. For the 2022-23 fiscal year, the bill requires an appropriation of $193,354 to the Colorado Department of Education.
Status: Signed into law
Food Pantry Assistance Grant Program, HB22-1364: This bill aims to renew grants to food banks and expand their scope. The bill will send $3 million to the Department of Human Services for the 2022-23 fiscal year.
Status: Sent to Gov. Polis May 31, awaiting signature
Critical Services for Low-Income Households, HB22-1380: This bill makes improvements to the Supplemental Nutrition Assistance Program expanding access through small retailers and farmers markets – essentially by updating multiple electronic state benefits systems, streamlining the operation. (Read about Greeley Farmers Markets filling a need in a food desert here.)
Status: Sent to Gov. Polis May 31, awaiting signature
Income
Colorado Cashback, aka TABOR Refund Mechanism for fiscal year 2021-22 only, SB22-233: Taxpayers will see a $400 TABOR refund around summer and early fall. While TABOR refunds are required by state law if the state collects more than the approved limit, lawmakers moved to send the checks out early – this year instead of next year. (It probably definitely does not have anything to do with 2022 being an election year, *cough cough*).
Status: Signed into law
2023 and 2024 Property Tax, SB22-238: Gov. Jared Polis led the charge on this one in a move to give residential and commercial property owners relief from fast-rising tax bills. The state is set to offer $700 million in total relief, but it will offset that by removing $200 million from future potential tax refunds.
Status: Signed into law
Reduce Fees for Business Filings, HB22-1001: This bill cuts business filing fees. Those fees can cost up to $50, and the new measure squashes that down to basically nothing. This is set to cost the state around $16.71 million for the 2022-23 fiscal year.
Status: Signed into law
Modifications to Colorado Works Program, HB22-1259: This bill makes several changes to the Temporary Assistance for Needy Families program, aka the Colorado Works Program. The bill increases program benefits, expands eligibility, changes program rules and operations, as well as requires new public outreach, data collection and reporting.
Status: Sent to Gov. Polis May 31, awaiting signature
Expansion of Experiential Learning Opportunities, SB22-140: This bill expands work-based, experiential learning opportunities in the state by requiring various state agencies to partner with businesses and colleges in Colorado. Helping today’s youth be better prepared for the digital world and boosting English as a Second Language learning opportunities is among the bill’s goals.
Status: Sent to Gov. Polis May 20, awaiting signature
Economic development
Unemployment Compensation, SB22-234: This bill aims to make sure Colorado businesses won’t pay higher premiums for unemployment insurance next year, using a one-time transfer of $600 million -- thanks to the American Rescue Plan Act. Unemployment costs have been *unusual* with pandemic – this funding will essentially top off the state’s unemployment fund so businesses don’t pay the price.
Status: Signed into law
Regional Talent Development Initiative Grant Program, HB22-1350: Funded by the American Rescue Plan Act to the tune of $56.7 million, and $34.2 million from the General Fund, grants here will support workforce development efforts, especially as the state recovers from the negative impacts of COVID-19 and pivots to meeting the needs of the labor market.
Status: Sent to Gov. Polis May 17, awaiting signature
Child Care Support Programs, SB22-213: This bill is set to use $50 million from federal funds to support child care centers. The goal is to keep parents in the workforce.
Status: Sent to Gov. Polis May 16, awaiting signature
Education
School finance act: Colorado lawmakers must pass the school finance act each year. It’s required by law. It spells out *exactly* how (and how much) money will be allocated toward K-12 education each year. This year, some of the highlights include a 6% increase in per-pupil spending and a nearly 40% increase in special education funding. High school students will have broader access to free college courses. School districts with low property wealth (remember, school districts are funded via property taxes) will also get more cash from the state. For a detailed analysis and explanation, check out this story by our friends at Chalkbeat.
Health
Fentanyl Accountability and Prevention, HB 1326: This bill makes the unlawful possession of more than four grams of fentanyl (and the stuff you’d use to make it) a felony. The biggest change here is new felony charges for *possessing* fentanyl. Much debate centered around whether authorities would have to prove people knew they were in possession of fentanyl in order to be charged with a felony, as many folks do not know they are taking fentanyl if it has been mixed with other substances. According to CPR, lawmakers ultimately decided authorities will *not* have to prove folks knowingly possessed fentanyl before being charged, but defendants can then work to prove they did not know they had the drug. If folks can convince the jury they had the drug unknowingly, the felony can be reduced to a misdemeanor.
Status: Signed into law
Reproductive Health Equity Act, HB 1279: This bill codified Coloradans’ right to abortion, stating fertilized eggs, embryos and fetuses do not have independent rights. It also prevents state and local entities from denying or restricting folks’ right to use or reuse contraception. This law will stand even if the U.S. Supreme Court overturns Roe v. Wade.
Status: Signed into law
Public Benefits Theft, HB22-1224: This bill carves out some clarity in the state’s theft statute. It essentially makes it clear that someone receiving public benefits (think for healthcare, income, housing, food, etc.) theft occurs if they *intentionally* misrepresent or withhold facts when applying for those benefits.
Status: Signed into law
Healthcare Sharing Plan Reporting Requirements, HB22-1269: This bill requires healthcare sharing arrangements in Colorado (these are often religious-based, but not always. A couple of Christian-based examples include Medi-share, OneShare Health, MPowering Benefits, etc.) to report to the Division of Insurance. A bill that would have instead protected these kinds of organizations from regulations was killed in committee.
Status: Sent to Gov. Polis June 1, awaiting signature
Behavioral Health Administration, HB22-1278: This bill aims to transform the state’s system, maximizing the power of federal and state funding by establishing a regional behavioral health entity. The idea is to ultimately make collaboration easier.
Status: Signed into law
Increase in Residential Behavioral Health Beds, HB22-1303: This bill requires the state to renovate a building at the mental health institute at Fort Morgan to add 16 more inpatient beds for folks who need them.
Status: Signed into law
Behavioral Healthcare Continuum Gap Grant Program, HB22-1281: This bill establishes a grant program designed to support behavioral health care providers along the continuum of care.
Status: Signed into law
Rural Provider Stimulus Grant Program, SB22-200: This bill establishes a grant program to benefit rural health care providers to the tune of $10 million.
Status: Signed into law
(*That means Colorado lawmakers invested almost half a billion dollars into behavioral health this year. According to a report by CPR, that is the largest state investment in the system in any single legislative session.)
Prohibit Collection Hospital Not Disclosing Prices, HB22-1285: This bill stops hospitals from sending patients to collections if the hospital itself is not in compliance with federal price transparency requirements when patients sought care. It also gives patients more power to pursue legal action.
Status: Sent to Gov. Polis June 1, awaiting signature
Health Insurance Surprise Billing Protections, HB22-1284: This bill aligns current state law with the federal No Surprises Act. The goal with this legislation is to prevent folks from being “surprised” to learn they received care from someone out-of-network and left to foot the bill. A 2019 bill required health insurance carriers and providers to disclose the effects of receiving out-of-network care (you may have noticed this at your doctor’s office in recent years).The federal No Surprises Act takes this a step further in an effort to protect folks from surprise medical bills for both emergency and non-emergency services.
Status: Signed by Speaker of the House June 3, not yet sent to Gov. Polis
Health Benefits for Colorado Children and Pregnant Persons, HB22-1289: This bill aims to expand Medicaid coverage to low-income pregnant folks and children regardless of immigration status.
Status: Signed by speaker of the House June 3, not yet sent to Gov. Polis
Transportation
The Colorado Safety Stop, HB22-1028: This allows folks on bicycles and other non-motorized vehicles to make a “safety stop,” slowing to 15 miles per hour or less, and continuing through an intersection if there is no traffic to yield to.
Status: Signed into law
Temporarily Reduce Road User Charge, HB22-1351: While the state passed a new gasoline fee to fund transportation projects last year, lawmakers moved to delay the fee. It’s now set to kick in next April.
Status: Signed into law
Environment
Air Quality Bill, SB22-193: This bill establishes several grant programs within the Colorado Energy Office and the Department of Public Health and Environment with the goal to reduce air pollution. Some of the grant programs aim to finance bike share programs, create eBike incentive programs for lower income Coloradans and fund the replacement of fossil-fuel powered school buses with electric school buses.
Status: Signed into law
The Alternative Transportation Options Tax Credit, HB22-1026: This bill creates a tax credit for employers for offering alternative transportation options to employees, such as transit passes and bike share memberships – to the tune of 50% of expenditures.
Status: Sent to Gov. Polis May 31, awaiting signature
Reduce Ozone Through Transit, SB22-180: This bill establishes a grant program that would allow transit services (think buses, light rail, etc.) to provide limited fare-free travel during peak ozone season. The goal is to cut down on the number of cars on the road to protect air quality.
Status: Signed into law
Other interesting bits
Gov. Jared Polis signed a $36.4 billion spending plan – the biggest so far in Colorado’s history, according to a report by Colorado Politics.