May 9, 2026 · 45,783 words · 25 speakers · 688 segments
The House will come to order. Today, Representative Johnson will lead us in the Pledge of Allegiance.
Colleagues, please join me in the pledge. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, one God, indivisible, with liberty and justice for all.
Mr. Schiebel, please call the roll.
Representatives Bacon. Barone. Representative Barone.
Excuse.
Basinecker. Rep. Bottoms is excused. Rep. Bradfield is excused. Bradley. Brooks. Brown. Caldwell. Camacho. Carter. Clifford. DeGraff. Duran. English. Espinoza. Ferre. Flannell. Representative Flannell.
Excused.
Froelich. Garcia. Garcia Sander. Rep. Garcia Sander.
Excuse.
Gilchrist. Goldstein. Gonzalez. Hamrick. Hartsook. Jackson. Johnson. Joseph. Rep. Joseph. Joseph. Kelty. Representative Kelty.
Excuse.
Leader. Lindsey. Luck. Lukens. Mabry. Marshall. Martinez. Morrow. McCormick. Wynn. Pascal. Phillips. Richardson. Representative Richardson.
Excuse.
Ricks.
It's on the wall.
Routenel. Rydin. Sirota. Sirota. Representative Sirota.
Excuse.
Slaw. Smith. Soper. Stuart K. Stuart R. Story. Sucla. Taggart. Titone. Valdez A. Velasco. Representative Velasco.
Excuse.
Weinberg.
Here.
Wilford. Wilford. Winter. Woodrow, Woog, Zokai, and Madam Speaker.
Here.
With 61 present and 4 excused we do have a quorum I have Assistant Majority Leader Bacon on journal assignment today.
It's a Saturday.
AML Bacon.
Okay, so thank you, Madam Speaker. I know we typically don't do this. This is on the Colorado Channel. It is a very special day. Today is my dad's birthday. Many of you have met him. He sat and talked to Ken DeGraff for two hours.
Talked at Representative DeGraff, apparently.
Now you know where I get it from. so i'm wondering if we can vote for the journal today i will make the actual motion for my dad thank you for the mother's day prayer too brother okay oh that's right representative hearts look at my dad we're literally baptized together in the sea of galilee in the name of jesus so vote yes stand up here for this okay yes madam speaker i move that the journal of friday May 8th, 2026 be approved as corrected by the chief clerk in honor of Philip Bacon.
Woo.
Members, you have heard the motion that the journal be approved as corrected by the chief clerk. All those in favor say aye.
Aye.
All those opposed, no.
No.
Oh, wow, bro.
The ayes have it.
No gumbo for you.
The motion is adopted.
Thank you.
That was lovely. Announcements and introductions, members. Representative Wilford.
Thank you, Madam Speaker. The State Civic Military Veterans Affairs Committee will meet today upon adjournment to hear the bills that are outlined in your whatever the pink thing is. It was salmon.
Representative Woodrow.
Thank you, Madam Speaker. Happy Saturday. It's an honor to serve with you. Happy Saturday. It's an honor to serve with you. Shabbat Shalom, members. Finance Committee will be meeting five minutes upon adjournment in room 112 to hear Senate Bill 170, 191, and 45, and any other bills that may be assigned between now and then. Thank you.
Thank you. Representative Brown.
Thank you, Madam Speaker. the ongoing saga that is House Appropriations Committee will meet again on Monday. I believe it will be at 845, but stay tuned to your calendars. The calendar will be updated with the bills that we will hear on Monday, and we may hear any other bills that have been referred to us at that time. Thank you.
Members, if you will take your seats. We are moving into third reading. The House will stand in a brief recess The House will come back to order. Madam Majority Leader.
Madam Speaker, I move to lay over Senate Bill 43 until Monday.
Senate Bill 43 will be laid over until Monday, May 11th. Mr. Schiebel, please read the title to House Bill 1433.
House Bill 1433 by Representatives McCluskey and Velasco, also Senators Cutter and Roberts, concerning funding to sustain the Firefighter Behavioral Health Benefits Program.
Madam Majority Leader.
Madam Speaker, I move House Bill 1433 on third reading and final passage.
The motion before us is the adoption of House Bill 1433 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Rick's votes, yes. DeGraff and Luck. Please close the machine. With 61 I, 2 no, and 2 excused, House Bill 1433 is adopted. Co-sponsors. Representative Ricks, co-sponsors. Representative Morrow, co-sponsors. Please close the machine. Madam Majority Leader.
Madam Speaker, I move House Bill 1429 to after Senate Bill 42.
House Bill 1429 will be moved to follow Senate Bill 42. Mr. Schiebel, please read the title to House Bill 1416.
House Bill 1416 by Representatives Wynne and Brown, also Senators Mobley and Carson, concerning transfers from the Universal High School Scholarship Cash Fund.
Madam Majority Leader.
Madam Speaker, I move House Bill 1416 on third reading and final passage.
The motion before us is the adoption of House Bill 1416 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. please close the machine with 55 I 8 no and 2 excused House Bill 1416 is adopted Co Please close the machine. Mr. Schiebel, please read the title to House Bill 1431.
House Bill 1431 by Representatives Bacon and Soap or also Senators Gonzalez and Judah concerning demonstrating competency for occupational licensure portability.
Madam Majority Leader.
Madam Speaker, I move House Bill 1431 on third reading and final passage.
The motion before us is the adoption of House Bill 1431 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 62 ayes, 1 no, and 2 excused, House Bill 1431 is adopted. co-sponsors. Please. Thank you. Representative Ricks, co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1422.
House Bill 1422 by Representative Clifford, also Senators Coleman and Frizzell, concerning security measures for certain governmental entities.
Madam Majority Leader.
Madam Speaker, I move House Bill 1422 on third reading and final passage.
Representative Luck.
Thank you, Madam Speaker. So, security for the three branches is an important task to undertake, and I do not diminish the work that has been done. I know that a lot of work has gone into preparing this very lengthy bill to try and provide added security measures for each of the branches. That being said, I will be a no today for a number of reasons. one I am not comfortable with the idea of creating a police force under the legislative branch I think it's important that even though such a force was created in the judicial branch that we try and maintain the branches as much as is possible two I am still concerned related to some of the added language that speaks to what our citizenry can do as relates to engaging with us and about us online. The standards are very different of acceptable conversation and behavior from community to community. And without understanding that cultural context, I fear that some of my constituents will be roped up in the category of severe and imminent threat, even if that's not actually what they are intending. Three, I am concerned about the fact that the creation of this new entity for the court's security is really just a workaround for Tabor, which should be interesting for my side of the aisle because obviously we concern ourselves quite frequently with the Taxpayer Bill of Rights. So those are three of the reasons why I will be a no today. But I do want to, again, reiterate the importance of providing security in this place and in other places that are government-connected, whether it's the governor's mansion or the Supreme Court or the legislature. I reassert my argument from Seconds that the security plans and policies should take into account every person who works in the legislature, the entire ecosystem, which does include the lobby corps, who, as I mentioned before, are the ones most exposed when some sort of security threat would arise. I'll also say as someone who has been impacted personally through theft and trespass in this space it is important that we give clear and direct thought to this important topic I appreciate genuinely the work that you've done on this but for those reasons I just can't get there.
Representative Clifford.
Thank you, Madam Speaker. I request permission to run a third reading amendment.
Please briefly explain.
In some of the areas about how the Secretary of State and local governments deal with our local records, they have come back and asked us to make some changes to the language in their section.
Thank you. Seeing no further discussion, the motion before us is permission to run a third reading amendment. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. please close the machine with 57 ayes 6 no and 2 excused permission is granted representative Clifford
thank you madam speaker I move amendment 11 to house bill 1422 and ask that it be displayed
one moment please proceed
thank you madam speaker One of the things that they needed to correct was to make sure that there was going to be no new thing or new burden for any local governments. And they cleaned up some of the language specifically about how the Secretary of State handles these records. So records do remain public. So if somebody requests your address information, they can still get that. It's just not posted online. But they will also be keeping a list of the people that have made that request. and I request an aye vote. Seeing no further discussion the motion before us
is the adoption of L011 to House Bill 1422 Mr Schiebel please open the machine and members proceed to vote Representative Morrow how do you vote Yes Representative Morrow votes yes Representative Weinberg, how do you vote?
No, no.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Brown and Winter. Please close the machine. With 47 I 16 no and 2 excused, Amendment L 011 is adopted. Madam Majority Leader.
Madam Speaker, I move House Bill 1422 as amended on third reading and final passage.
Minority Leader Caldwell.
Thank you, Madam Speaker. Members, I just want to get up here and say that I appreciate the good representative for taking this on. This bill was a priority for the executive committee and something that we've discussed since I came into this role. Almost at every single meeting, working with CSP and talking about the very unique dangers that not only we face here as the legislature, but in the other branches of government. And I really appreciate the work you've put in here, and I will be a yes today. And I appreciate you taking on this task, and I know the meetings and meetings and meetings that you've had with our different security entities talking about the different threats we have. And as kind of the debate went on this on seconds, there's things that we get briefed on that are things that I'm not going to say up here from the well that we just – you normally don't hear about. And I truly appreciate our CSP for the steps they take. But, you know, we're in a time where the violence against elected officials is just, I would say, almost at an all-time high. And we see it on both sides of the aisle. Obviously, Madam Speaker, with your own personal friend who was tragically murdered in Minnesota, all the way to what we see on the national level with our president. And so I just want to get up here and say I do appreciate all the work that you've put into this and that this was an executive committee priority here to make sure that we get home to our families and also make sure our families are in this consideration as well. So I really do appreciate it. Thank you.
Representative Clifford.
Thank you, Madam Speaker. I just want to briefly speak to a couple of things here. Number one, this has been a priority. And I appreciate the acknowledgment for the amount of work for a number of entities. This does cross all three branches of government. A very cohesive front, even in the places where we had differentiation. The main points of this bill, where we were creating a new position for the General Assembly, have never been in question, only slight details for how we did those things and who had what responsibilities and authorities in this building. Same thing when you go across to the judicial branch. This has been their number one priority bill for the year, so I appreciate everyone's trust in having us all have these probably easily over 100 meetings that got us to where we are. I do want to say that this is important. You know, there's a lot we're not talking about when we're talking about the security of the General Assembly. There a lot that we not discussing about the fear that sometimes arises with the members of the General Assembly But that fear also exists with the judicial branch It exists with our probation officers. It exists with our court employees. And we haven't tended to this in law in a meaningful way in a really long time. A lot of the laws that I addressed in here were from the 1960s, when we used to have Denver police in the building and the sergeant-at-arms were like the strong arm of the security for the building. It's very, very different today. And we were meticulous, and we went through and addressed everything from all the way back then all the way until today, and I really do believe that what we've gotten to is right. There is no opposition outside of this room from any group or organization or any law enforcement entity, and I really request some grace here if you're on the fence about this and make sure that we send this bill to the Senate strongly.
Thank you. Seeing no further discussion, the motion before us is the adoption of House Bill 1422. On third reading and final passage, Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. please close the machine with 46 I 17 no and 2 excused House Bill 1422 is adopted co-sponsors Please close the machine. Mr. Schiebel, please read the title to House Bill 1426.
House Bill 1426 by Representatives Camacho and Zocay, also Senator Roberts, concerning the 2026 legislative report submitted by the Department of Law to the Joint Judiciary Committee of the General Assembly in a connection therewith, implementing recommendations contained in the report.
Madam Majority Leader.
Madam Speaker, I move House Bill 1426 on third reading and final passage.
Representative Zocay.
Thank you, Madam Speaker. I request permission to run a third reading amendment.
Please briefly explain.
Thank you, Madam Speaker. On second reading, we had a thoughtful, robust debate about allowing the Attorney General's office to enter into contingency fee agreements with private attorneys to hold bad actors accountable. And it was the kind of thing that really split the chamber and made every business interest anxious to hire lobbyists to talk to us. So we ended up taking it out, and I just thought today, why not just put it back in and see what happens here today? I'm just kidding. This is a technical amendment that our drafter caught. It's purely technical.
I'm never going to let anybody speak to permission again. Very briefly, Representative Camacho.
Thank you, Madam Speaker. And just for clarity, we are not doing that. But consistent with our third reading amendment from yesterday we have really worked our drafter incredibly hard so hard in fact that you do in fact sometimes find numbering errors So what this third reading amendment does is identify that we had a numbering error and we'll correct that here so we can put the revisor's bill a little bit, make it a little slimmer next year. We ask that you accept this amendment
now. We are on permission, Representative Soper. Are you sure you want to speak? Okay, okay, okay. Representative Soper.
Thank you, Madam Speaker. I just wanted to say from the back of the room, I saw a few of the lobbyists start having a heart attack and did just want to come down here and mention that.
Seeing no further discussion, the motion before us is permission to run a third reading amendment on House Bill 1426. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Clifford. Please close the machine. With 62 I, 1 no, 2 excused, permission is granted. Representative Camacho.
Thank you, Madam Speaker. I move Amendment 11 to House Bill 1426 and ask that it be properly displayed.
Please proceed.
Thank you, Madam Speaker. As I promised, this is only a substantive change to the numbering and nothing more. Not today. Sorry, non-substantive change to the numbering and nothing more. We ask for a yes vote.
Seeing no further discussion, the motion before us is the adoption of Amendment L11 to House Bill 1426. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine with 63 ayes, zero, no, and two excused. Amendment L11 is adopted. Madam Majority Leader. Madam Speaker, I move House Bill 1426 as amended on third reading and final passage. The motion before us is the adoption of House Bill 1426 as amended on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, no.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 45 I, 18 no and 2 excused, House Bill 1426, as amended, is passed. Co-sponsors. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1063.
House Bill 1063 by Representatives Bradfield and Wright and also Senator Amabile concerning publishing an easily accessible list of secure transportation providers on certain departments' websites.
Madam Majority Leader. Madam Speaker, I move House Bill 1063 on third reading and final passage. The motion before us is the adoption of House Bill 1063 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote? Yes. Representative Weinberg votes yes. Representative Ricks, how do you vote? Yes. Representative Ricks votes yes. Please close the machine. With 63 ayes, 0 no, and 2 excused, House Bill 1063 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1325.
House Bill 1325 by Representatives Caldwell and Farray, also Senators Ball and Pelton R., concerning natural medicine.
Madam Majority Leader.
Yes.
Representative Ricks votes yes. Please close the machine. With 56i-7-0-2 excused, House Bill 1325 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 172.
Senate Bill 172 by Senators Hendrickson and Kipp, also representatives based in Eckhart and Paschal, concerning the Front Range Passenger Rail District.
Madam Majority Leader. Madam Speaker, I move Senate Bill 172 on third reading and final passage. The motion before us is the adoption of Senate Bill 172 on third reading final passage. Mr Schiebel please open the machine and members proceed to vote Representative Morrow how do you vote Yes Representative Morrow votes yes Representative Weinberg how do you vote
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. please close the machine with 47 I 16 known to excuse Senate Bill 172 is adopted co-sponsors Representative Rick San Morrow, co-sponsor. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 93.
Senate Bill 93 by Senator Sullivan, also Representatives Morrow and Lindsay, concerning ensuring compliance with workers' compensation and insurance coverage requirements.
Madam Majority Leader.
Madam Speaker, I move Senate Bill 93 on third reading and final passage.
The motion before us is the adoption of Senate Bill 93 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 44 I, 19 no, and 2 excused, Senate Bill 93 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 175
Senate Bill 175 by Senators Snyder and Catlin also Representatives Morrow and Richardson concerning the adjustment of an employer's
experience modification factor in workers' compensation. Madam Majority Leader
Madam Speaker, I move Senate Bill 175 on third reading and final passage
The motion before us is the adoption of Senate Bill 175 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Smith. Please close the machine. With 63 I 0 no and 2 excuse Senate Bill 175 is adopted Co Please close the machine. Mr. Schiebel, please read the title to Senate Bill 131.
Senate Bill 131 by Senators Ball and Pelton Bee, also Representatives Woodrow and Woog, concerning protections against abusive practices in sports betting and in connection therewith making an appropriation.
Madam Majority Leader.
Madam Speaker, I move Senate Bill 131 on third reading and final passage.
The motion before us is the adoption of Senate Bill 131 on third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 50 aye, 13 no, and 2 excused, Senate Bill 131 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 165.
Senate Bill 165 by Senators Roberts and Pelton are also representatives of McCormick and Soper concerning measures to support species conservation and in connection therewith, authorizing an appropriation from the Species Conservation Trust Fund.
Madam Majority Leader. Madam Speaker, I move Senate Bill 165 on third reading and final passage.
The motion before us is the adoption of Senate Bill 165 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes Representative Weinberg, how do you vote?
Yes, ma'am
Representative Weinberg votes yes Representative Ricks, how do you vote?
Yes
Representative Ricks votes yes To tone Please close the machine with 61 I, 2 no, and 2 excuse Senate Bill 165 is adopted co-sponsors please Please close the machine. Mr Schiebel please read the title to Senate Bill 157
Senate Bill 157 by Senators Pelton, Arne, Henrickson, also Representatives Winter and Martinez, concerning the abandonment of a town that has critical water infrastructure for the residents of the town and in connection there with the McCain Appropriation.
Madam Majority Leader.
Madam Speaker, I move Senate Bill 157 on third reading and final passage.
The motion before us is the adoption of Senate Bill 157 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 63 ayes, 0, no, 2, excuse. Senate Bill 157 is adopted. Cosponsors. Representative Morrow, cosponsors. Representative Ricks, co-sponsors. Mr. Schiebel. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 154
Senate Bill 154 by Senators Simpson and Mullick-Als Representatives McCluskey and Caldwell concerning a modification to the appointments to the Colorado Channel Authority Board and in connection therewith, reducing an appropriation
Madam Majority Leader
Madam Speaker, I move Senate Bill 154 on third reading and final passage
The motion before us is the adoption of Senate Bill 154 on third reading final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. with 63 ayes, 0 no, 2 excuse. Senate Bill 154 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the titles. House Bill 1286.
House Bill 1286 by Representative's Leader in Richardson, also Senators Kolker and Liston, concerning a requirement that a commercial motor vehicle have a human present when the commercial motor vehicle is being driven by an automated driving system and a connection therewith making an appropriation.
Madam Majority Leader.
Madam Speaker, I move House Bill 1286 on third reading and final passage.
The motion before us is the adoption of House Bill 1286 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 59 aye, 4 no, and 2 excused, House Bill 1286 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to House Bill 1424.
House Bill 1424 by Representatives Wilford and Froehlich, also Senators Cutter and Wallace, concerning measures to increase protections for persons engaged with transportation network companies.
Madam Majority Leader.
Madam Speaker, I move House Bill 1424 on third reading and final passage.
Representative Froehlich. Thank you, Madam Speaker. I ask for permission for a third reading amendment.
Please briefly explain.
We require, we are asking for permission because we require a technical fix regarding retention of audio-video recordings.
Seeing no further discussion, the motion before us is permission to run a third reading amendment on House Bill 1424. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. with 60i-3-no-2 excused, permission to run a third reading amendment on House Bill 1424 is granted. Representative Froelich.
Thank you, Madam Speaker. I move L23 to House Bill 1424 and ask that it be properly displayed.
It is properly displayed. Please proceed.
Thank you. As previously mentioned, this clarifies who retains the audio-video recordings. and we ask for a yes vote.
Seeing no further discussion, the motion before us is the adoption of Amendment L-23 to House Bill 1424. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 46i-17, no and 2 excused, Amendment 23 is adopted. Madam Majority Leader.
Madam Speaker, I move House Bill 1424 as amended on third reading and final passage.
The motion before Representative Wilford.
Thank you Madam Chair or Madam Speaker We mark time constantly Meetings deadlines committee votes We a body that runs on schedules But there another clock running in Colorado and across this country and one that doesn't appear on any calendar. According to an investigation by the New York Times between 2017 and 2022, nearly eight minutes, a sexual assault or sexual misconduct case was reported to Uber. That clock has been running ever since whether they want to acknowledge it or not. Now I want to tell you about 29 minutes. 29 minutes. That's how long I was in a lift from when I was picked up to when the driver had indicated that the ride had been completed. I'd had a few drinks with friends and I thought I was being responsible. I followed every safety rule I knew. I checked the app. I confirmed the car. The driver said my name. I got in and I thought I was safe. A few minutes into the ride, the driver started asking personal questions. Then comments escalated to what he wanted to do to me, how he felt my husband wouldn't mind if we had sex. The man had decided what was going to happen before I got into his car and he knew how he wanted his night to turn out. As women, we're taught from the time we're very small that our safety is less important than someone else's comfort. That instinct does not disappear when we get into a car alone with a stranger. It intensifies. Margaret Atwood once said that men are afraid women will laugh at them, and women are afraid men will kill them. So we fawn, we de-escalate, we smile and we hope that it's enough to keep us safe. And I know what some of you are thinking. You're not saying it out loud, but the questions are there. Why didn't she get out? Aren't there safety features she could have used? Was she polite? Why didn't she fight him off? And I want you to notice that not one of those questions is about him. That's victim blaming. And it's the first wall survivors hit before law enforcement, before the courts, before the companies that are supposed to protect us. The question is why he felt entitled to do anything at all. According to investigative reporting from the New York Times, Uber knows that the sexual assaults that happen on their watch follow distinct patterns. Women most often are the victims, whether they're passengers or drivers. The attacks typically occur late at night and on the weekend, with pickups originating near a bar. In the vast majority of cases, the offenders are men, drivers, or passengers, and intoxicated passengers are especially vulnerable. I appreciate you all standing. You're welcome to sit. When the driver pulled up just past my house, the nightmare that I thought was almost over was just beginning. He put the car in park and got into the back seat and I completely froze. He started kissing me and trying to turn my face toward him and I disassociated. When I tried to get out, he blocked my exit. He pushed me back into the car and went on to sexually assault me. I don't know how much time elapsed between when the car stopped and when I was finally able to break free. But what I do know is that I ran down my neighbor's driveway as he called after me, and I hid in her backyard until it was safe to go home. I know that I desperately pounded on my own back door, patio door, waking the dogs up until my husband opened it and I fell into his arms, sobbing and trying to explain what had just happened while our two children slept upstairs. What I did not know and what I had no way of knowing was that the man who assaulted me was not even the authorized driver for Lyft He was an imposter someone using another person account Account sharing is against the rules and was apparently invisible to Lyft There was nothing I could have done differently, no safety protocol that would have protected me, because the safety that Uber and Lyft have been selling us is a lie. You've seen their ads, and I know that you have. the 15-second videos that show happy friends smiling drivers and the words safety flashing across the screen. They've spent billions crafting the image that makes you believe that when you use their app, when you hail a ride, when you get into the car, that you are protected and they are there for you, that you are safe. But here's what they haven't told you. From 2017 to 2022, there were 400,181 Uber trips that resulted in reports of sexual assault or sexual misconduct. But Uber had previously only disclosed 12,522. You might be asking yourself, why would they only disclose a small number of sex assaults when the real number is so bad? It's because Uber and Lyft use the details of a complaint to rank a sex assault from serious to what they consider to be least serious. Then, when they share the minimized numbers, they explain it all away because they control the narrative, the reporting, the platform. It's not a rounding error. It's a cover-up. In our first stakeholder meeting this session, Uber sent an all-women team to tout their great safety accomplishments, including launching a women-to-women ride preference. They presented it like it was new, but it wasn't. It was something they considered launching in the United States in 2019 and then set aside for six years. Six years. The New York Times found that Uber's own data scientists and safety experts spent years studying the problem of sexual assaults happening on their watch. They tested tools to be more effective, sophisticated matching algorithms, mandatory video recording, pairing female passengers with female drivers, and instead of implementing safety measures, they opted instead to grow their base and protect their business model that classifies drivers as independent contractors rather than employees, allowing Uber and Lyft to avoid paying significant costs associated with traditional employment, including minimum wage, overtime, employee benefits, and time for rest breaks, and the impacts of their decisions are playing out right here in Colorado right now. Last year, John Pastor Mendoza was sentenced to 290 years in prison for the kidnapping, sexual assault, and attempted sex assault of dozens of women. Over four years, he used his job as a Lyft driver to victimize women in Denver, giving them water bottles laced with drugs, causing them to black out. Some of them woke up in an unknown home missing their underwear and other personal belongings like their cell phones. In 2004, a Lyft driver was sentenced for raping a 13-year-old passenger in Aurora. The victim told police she was with friends at a park and a friend's older brother ordered her a Lyft to take her home around 1.40 a.m. The driver picked up the victim and during the ride he began reaching into the back seat to touch her upper thigh and asked to hold her hand. Shortly after, he drove the car into a secluded parking lot and climbed into the back seat He raped and performed oral sex on the victim and after the assault he gave her although he couldn explain what the money was for Just last week an Uber driver was arrested in Arvada for sexually assaulting a woman after the woman went to a bar in the Denver area and requested an Uber ride with her boyfriend. Her boyfriend got out of the car to open the door to their home, and the driver got into the back seat with the victim. When he saw her boyfriend coming back, he drove away with the passenger are still inside. This driver's been on the app for one year and completed a thousand rides, and police are now looking for other victims. Nearly 3,400 cases of sex assault have been consolidated into a multi-jurisdictional federal proceeding, and in January, a federal jury in Phoenix ordered Uber to pay $8.5 million to a rape survivor after rejecting Uber's argument that they are not responsible for their driver's actions. Last month, a North Carolina federal jury found Uber liable again. The next cases will be heard in September, and I expect that they'll find what we already know. While drivers of Uber and Lyft are classified as independent contractors, the marketing and control that both companies hold mean that their drivers are agents of the companies and as such should be responsible for the safety that they promise. Last session, we passed House Bill 1291. We did the work, survivors testified, and we negotiated in good faith and then it was vetoed using industry talking points and I was devastated. I felt completely defeated. I felt silenced. I felt like the sign-off and approval of that billion-dollar company mattered more than what happened to me and to thousands of other people and I felt violated all over again. We regulate taxis. We regulate buses. We regulate airlines. Not to punish them, but because when a person steps into a vehicle, they deserve to know that someone other than a corporation decided the minimum standard for their safety. The memories of the assault haunt me in my dreams in this work, in the way I parent, and there's not a day that goes by that I'm not impacted. When I think about time, I know that I'm not the same person I was before the assault, and I don't know that I will ever see that version of me again. And what's more is that it's unlikely I will ever get the justice that I or thousands of other survivors deserve. Uber and Lyft have had time to do the right thing. They have the resources, they have the data, the tools, the control, and they know the warning signs. This bill is reasonable. It is common sense. Members, the watch on your desk asks, how much longer will Colorado wait for safety? Survivors have waited long enough and time is up. Vote yes. Thank you.
Seeing no further discussion, the motion before us is the adoption of House Bill 1424 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Valdez is excused. Please close the machine. With 44 I, 18 no, and 3 excused, House Bill 1424 is adopted. Co-sponsors. Thank you. Please close the machine. Mr. Schiebel, please read the title to House Bill 1432.
House Bill 1432 by Representatives Soper and Stuart Kay, also Senators Roberts and Pelton R. concerning health care payment programs.
Madam Majority Leader.
Madam Speaker, I move. House Bill 1432 on third reading and final passage.
The motion before us is the adoption of House Bill 1432 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 63 ayes, 0 known to excuse, House Bill 1432 is adopted. Co-sponsors. Please close the machine. Mr. Schiebel, please read the title to Senate Bill 189.
Senate Bill 189 by Senators Rodriguez and Coleman, also Representatives Duren and Bacon, concerning the use of automated decision-making technology in consequential decisions. Any connection therewith? Making an appropriation.
Madam Majority Leader.
Madam Speaker, I move Senate Bill 189 on third reading and final passage.
Representative Titone.
Thank you, Madam Speaker. I ask for permission for a third reading amendment. Please briefly explain.
Well, I had an amendment that was distributed on your desk yesterday on second reading, and it was to the judiciary report, and it went so fast that I missed my window, and I'd just like to have an opportunity to talk about this.
It's a concept about paying for job losses through a fee on AI tokens. Seeing no further discussion, the motion before us is permission to run a third reading amendment on Senate Bill 189.
Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes.
Representative Morrow votes yes.
Representative Weinberg, how do you vote? No, ma'am.
Representative Weinberg votes no.
Representative Ricks, how do you vote? Yes.
Representative Ricks votes yes.
Please close the machine With 50 I 13 no and 2 excused permission is granted Representative Titone Thank you Madam Speaker I move amendment L L and ask for it to be properly displayed It is properly displayed Please proceed Thank you Madam Speaker and thank
you, members, for permission. This is a concept I was working on for quite a while this session, waiting for an opportunity to get it into another bill or to have a late bill put in place. You should have a copy of this on your desk. This is about human capital resilience, is what I'm calling this, and it's about the growth of AI and how it's going to affect job growth. Gemini Pro 2.5, just in a year from April 24 to April 25, went from utilizing 9.7 trillion tokens to 480 trillion tokens in a year. And for your information, token is just kind of a measure of how much computing capacity it takes to put a little bit of data through a GPU. But according to a recent Goldman Sachs report, workers displaced by AI could also see a decade of lower future wages. Historically, tech-displaced workers take an average of 3% pay cut, but workers will also face a higher unemployment risk in future years following that, and they're calling this a scarring effect because how much it persists. We've seen layoffs due to AI. Most recently, I just saw an article, the company Block, which owns Cash App and Square, nearly half of their 8,000 workers, 4,000 were just laid off, and they were saying it was from AI. On a report just from yesterday from CBS, they were saying, a report from Challenger Gray and Christmas, that more than one in four jobs in their report were cut due to AI, and this was a leading reason of AI loss for the second month in a row. They're saying 26% of the total cuts in April were due to AI loss. The largest losses were in the tech sector. But whether this is the actual reason or not, there's a dispute about whether AI is actually causing the job loss. It's costing money going into these jobs, and people are not getting paid as much as they have been getting. White-collar jobs are really at risk. This is not really happening before. Cloudflare just cut 20% of their jobs, 1,100 workers, because of a six-fold increase in AI usage. Their stock price dropped 19% in one day. Another Goldman Sachs report said that AI job losses raise the unemployment rate by 0.1%. A report from the Tampa Bay Business Wealth Journal said that when white-collar jobs decline, housing is impacted negatively with rising delinquencies, foreclosures, and a softer lending, which leads to fewer buyers. The Federal Reserve Bank of Philadelphia found that an average mortgage default rate will jump 2.4% for unemployment, and now it will go up to 8.5% unemployment, and that's going to triple the rate of defaults. First, we'll see a freeze in the housing market, and then we can see a crash in the housing market. the housing downfall
due to AI is different from previous ones we seen because this will be targeted at income even rental owners cannot assume that they safe because demand will rise maybe but the tenant quality will decrease and missed rent payments will increase This can happen rapidly, and we must be ready to respond. We already are strapped for cash in the state, and if we experience more unemployment, more lower wages and other economic disruptions, we will see a big problem and we have to have the tools ready to go. What this amendment does is it defines who pays a fee on AI usage. And it's the big tech companies. It's geared towards the ones with the biggest models, the biggest creators. And this is based on a 2023 White House executive order, which the definitions come, and this is going to impose a fee of 20 cents per million tokens. They sell a million tokens for about $5. And the LCS economists estimate that this amendment could generate $3.1 million a year from the top AI companies. We did a bill just not that long ago that put a fee on video games that would raise $22 million. Don't forget that we voted for that, and we passed it out of here. This would only generate $3.1 million from the top companies doing AI with the total market capital of $3.7 trillion. And we would be imposing a $3.1 million fee. The funds would go into the build authority. We voted for this last year. This is a special purpose authority to create infrastructure and jobs, union jobs, in our state. This amendment will also allocate up to 10% of the collected funds to be available by the Just Transition Office and adds in some provisions to adapt their work to respond to new high-tech-induced job losses. If we don't act now, even one more year, we could see significant effects to AI job loss. This is a small step to respond. And while this concept did not get a proper hearing and a conversation, I wanted to express my concerns and ideas on the record and express some disappointment that such a serious issue with a reasonable solution has been cast aside because of fear of the big tech companies and, frankly, a lack of political will. There should be no conflict with the Internet Freedom Tax Act or TABOR. It's addressed in this bill. And you've really got to think about it. This is very similar to the extended producer responsibility. That bill put a fee on companies that are creating trash in our state, and we said, you have to clean it up. What I'm saying with this amendment is that if you're going to create job losses due to AI, that you need to contribute to the problem that you're causing. Let's not respond to a crisis later on. Let's have a plan in place, and let's start to prevent what's happening, because you know what the old saying says, a gram of prevention is worth a kilogram of cure and that for the scientists in the room But this could be a cure that really helps us alleviate a problem that everybody been thinking about And vote your conscience on this. I know it hasn't been talked about. I know it hasn't been put through very much, but this is a good concept that people should really start to pay attention to and look into, and maybe next year we can get some bigger conversation, but I would like to see this voted on, and I'll be voting yes on. Assistant Majority Leader Bacon.
Thank you, Madam Speaker, and thank you, members. I want to recognize my colleague from Jefferson County in regards to her insights and her interests. For what it's worth, I think any conversation that we need to have in this space is probably worth having by the legislature. But I am respectfully going to ask for a no vote. The structure of this bill does not veer into this lane. and I think we might all be aware of how much time and space we have taken to get to the conclusion of what Senate Bill 189 is before you. So I will end with a little bit of deference here in saying thank you to the original bill sponsors of Senate Bill 205, which includes my colleague here from Jefferson County, my colleague from Adams County, and my, I'm calling my uncle from Denver, the majority leader in the Senate. They are pioneers, and they are incredibly insightful. But again, going to respectfully ask for a no vote on this amendment, and I hope we can get to the discussion of the underlying issues in Senate Bill 189.
Representative Titone, this is your second time to speak. You have two minutes and eight seconds remaining. Thank you, Madam Speaker. Just because I do respect the process that went into 189 and all the work that went into finding compromise, I withdraw the amendment. The amendment is withdrawn. We are back to the bill, Senate Bill 189. Representative Mabry. Thank you, Madam Speaker. I do want to recognize all the hard work done by the working group, AML Bacon, Majority Leader Duran, Rep. Rutnell, Majority Leader Rodriguez, and others. Thank you for carrying the weight in this space. But I think it's important to be really clear about something. Politicians across the country are avoiding talking about regulations in this space out of fear that big tech donors would get involved in campaigns against them. And I'm not saying that about anyone in this room. But this issue, probably better than any other I can think of, exemplifies the crisis in our democracy. I can think of very few issues where there is a bigger gap between what voters are asking us to do and what politicians are willing and able to do. The federal government is calling for an all-out ban on AI regulation in the name of competition. And so much of this conversation on this bill and this policy has been about making sure Colorado is competitive. But this industry openly seems to be more about providing employers a chance to cut jobs than to create jobs. We talk all the time about job creators. One of this technology's key utilities seems to be job elimination. This technology is dangerous. It's been shown to have horrible impacts on the mental health of our children and neighbors. It's been designed to keep us coming back, to keep us addicted. Google used to have a line on their website about a pledge to be carbon neutral by 2040. It deleted that pledge last year. And this is due to the proliferation of the data centers that power this technology. These data centers are making the cost of energy higher. In Virginia and Oregon, more than a third of all power usage in those states was used by data centers last year. And right now we cannot power our grid on clean energy. These data centers will make that goal far, far harder to reach. And that's saying nothing of the water usage. And for what? To power the development of a technology that has absolutely zero clear benefit for the working class. No clear economic benefit for anyone who's not already absurdly wealthy. And the voters know this. not just in Colorado, but across the country. Voters are concerned about the proliferation of AI across our economy, and they should be. As of early 2026, 74 to 80 percent of Americans are concerned about AI, and nearly two-thirds want stricter government regulation. Anxiety regarding AI's impact on privacy and job security is rising. Polls show that Americans prefer safety-focused regulation, even if it risks stalling development and falling behind other countries in terms of competitiveness in the space. AML Bacon and I were in a meeting last year where we were talking about disclosures that could be made to consumers in terms of how critical decisions that would impact somebody's life were being made. And the developers told us they do not know how the decisions are making their decisions. That is scary. There's a great episode of the Ezra Klein Show where Eliza Yudkowsky, who was a very early developer of the technology, talks about the technology in terms of something we craft. It is not something we craft, he says. He says it is something we grow. And we do not quite know how the billions of tiny numbers are doing the work that we do. We understand the thing that tweaks the numbers, but we do not understand the numbers themselves. The AI is doing the work, and we do not know how it is being done. To exemplify this, he talks about the case of a 16-year-old kid who had conversations with ChatGPT about committing suicide. At one point, he says, should I leave the noose where someone might spot it? And ChatGPT says something like, no, let's keep this space between us. Let's let the first place anybody finds out about this hear in this chat thread. No programmer chose for that to happen. It is the consequences of automatic number tweaking. That is just the thing that happened as a consequence of all the training that ChatGPT went through. No human, the tech, decided to make that happen. No human knows exactly why that happened. Again, the CEO of the tech company told me in AML Bacon that they don't know how the technology makes the decisions. That should be incredibly alarming to all of us because these black boxes are deciding who gets hired who gets housing who gets to go to their dream school These are the kitchen table issues our voters want us working on and these tools can and do discriminate just like people I am grateful to everyone who worked on the task force. I understand it took hundreds of hours to arrive at the bill we are voting on today, and I believe that almost everyone involved in that process wanted to arrive at a result that is good for the state of Colorado. But I find it incredibly alarming that it took six months to get to this bill, a bill that does nowhere near enough to protect the people of Colorado when AI is making decisions that could make or break our lives. This is unlike any other industry we've ever dealt with. We are allowing technology to make human decisions. I am a yes for today because some regulation is better than none. But the people of Colorado deserve much stronger protections. They deserve a private right of action. These companies do not deserve special treatment under the law. And I know Majority Leader Duran and AML Bacon agree with me on these points, and I want to thank them for carrying this bill on behalf of the task force. But make no mistake, we will be back next year, and we will do more to meet the moment.
Assistant Majority Leader Bacon. Thank you, Madam Speaker, and thank you, members. I want to take a moment to thank this chamber and to thank everyone who worked on this bill. There were 19 participants in this task force. I think when I was in front of you over a special session, And we had a sense of where it might go. And I'll probably be the first ones to talk about just any of my general excitement about engaging with the first floor on policy. And what we had to really work out here is a few things. First, we had to say we need to find a resolution on this in regards to the impacts of Senate Bill 205. What was amazing about it was that it put Colorado on a map in a space where we do believe, where I think all of us deep down believe we need some policy. When I was in front of you in special session when we voted to extend the potential timeline of 205, I said a couple things to you. I said, we have so many wonderful professionals in this room. How do we feel as healthcare providers if an algorithm is making decisions? How do we feel about ourselves just as consumers if my job, my healthcare decisions, my rent, my loans were made by machines and we had no idea what it was that they considered? And at the end of the day, we spent a lot of time as elected bodies building up guardrails on how to protect consumers, what do we do if we're discriminated against, or what do we do if we have a harmful diagnosis. And then came along this technology. Well, guess what? Our concerns and risks don't go away. The tool changed. and it's up to us to figure out how to maintain those protections in a 21st century context. We cannot only give away perhaps our decision making, but we cannot give away our will. Even though we have technology that will support us in becoming more efficient the question is what are we giving up And I know I don care what side of the aisle anyone is on I know we kind of all uncomfortable a little bit When I presented this bill in committee, I said, take out your phone right now and just Google, how do people feel about AI? The irony is, yes, we're using our phone and we're asking Google, that's probably driven by AI. But the truth of the matter is, we are at a place where we have to, it's 2026, we're more than a quarter into the 21st century, and we're going to have to step up and keep up. And so does this bill go far enough? Well, it depends on who you ask. I'm pretty sure if you ask literally anybody who worked on it, the answer is no. But it's a good starting place because we need to keep an eye out on not only how businesses are developing, but any potential impacts and harm that may be happening to any one of our constituents. And the only way we can do that is by what's in this bill. What is in this bill are transparency measures. It says people just need to know when this technology is being used to make some of these consequential decisions. We are going to get reports from the Attorney General's office about businesses that may violate their requirement to disclose, not only to the people who buy the tech, but the people who use it with us. and so this is a first step and we should be proud as Colorado that we have said at the end of the day this may not be and actually I don't think it is that we are regulating AI but rather we're saying if you are going to use it this is what our expectations are and that's really important for our country. And so I look forward to continued conversations. Despite all of our ups and downs and debates and here to X amount or X time in the night, we still have a lot of potential and really great thinkers in this room. We do have to continue to talk about together what kind of privacy expectations should we have over our data. We do have to talk about what is the impact of this commerce on our economy or not, including who will and will not have jobs. That has to come. But today, we're asking that these businesses be transparent and that people have an opportunity to correct their own information that maybe a human being can look at it. And in the event it causes harm, we have a pathway, just like we did if a person did it. So this is not a leap. This is a hop. I don't know. I can't hop anymore. This is a hop, but it's in the right direction, and we're going to respectfully ask for an aye vote, hopefully from everyone in this chamber. Thank you all.
Seeing no further discussion, the motion before us is the adoption of Senate Bill 189 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote? No, no.
Representative Weinberg votes no Representative Ricks how do you vote Yes Representative Ricks votes yes
Please close the machine. With 57 ayes, 6 no. To excuse, Senate Bill 189 is adopted. Co-sponsors. Please close the machine.
Mr. Schiebel, please read the title to Senate Bill 171.
Senate Bill 171 by Senators Cutter and Wallace, also Representatives Lukens and Smith,
concerning prohibiting the disposal of pre-production plastic materials at a location that does not have a certificate of designation to operate as a solid waste disposal site and facility.
Madam Majority Leader. Madam Speaker, I move Senate Bill 171 on third reading and final passage. The motion before us is the adoption of Senate Bill 171 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote? Yes, ma'am.
Representative Weinberg votes yes.
Representative Ricks, how do you vote? Yes.
Representative Ricks votes yes.
Please close the machine. with 55 I, 8 no to excuse. Senate Bill 171 is adopted. Co-sponsors. Representative Ricks, co-sponsors. Please close the machine.
Mr. Schiebel, please read the title to Senate Bill 42. Senate Bill 42 by Senators Weissman and Imoble, also Representatives Zocay and Sirota, concerning the classification of certain state revenue for the purposes of calculating state fiscal year spending pursuant to Section 20 of Article 10 of the state constitution and in connection therewith, clarifying the statutory definitions of collections for another government and damage awards and making an appropriation.
Madam Majority Leader. Madam Speaker, I move Senate Bill 42 on third reading and final passage. The motion before us is the adoption of Senate Bill 42 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 43 aye, 20 no, and 2 excused, Senate Bill 42 is adopted. Cosponsors. Cosponsors. Please close the machine.
Mr. Schiebel, please read the title to House Bill 1429. House Bill 1429 by Representatives Brown and Sirota, also Senators Bridges and Kirkmeyer, concerning the consolidated administration of public assistance programs, any connection therewith making and reducing an appropriation.
Madam Majority Leader. Madam Speaker, I move House Bill 1429 on third reading and final passage. Representative Sirota. Thank you, Madam Speaker. I move for permission to offer a third reading amendment. Please briefly explain. Thank you, Madam Speaker. This is just a little bit of a cleanup to the amendment that we ran in committee. and it is making an additional adjustment to ensure that we have frontline workers represented on the work group. Seeing no further discussion, the question before us is permission to run a third reading amendment on House Bill 1429. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Representative Garcia is excused. Please close the machine. With 61 I, 1 no, 3 excused, permission is granted. Representative Sirota? Thank you, Madam Speaker. I think just, as I said, very simple, adding an additional person to the... Oh, I moved, sorry. L004 and ask that it be displayed. Thank you. It is properly displayed. Please proceed. Thank you, Madam Speaker. As I shared before, just making a couple technical tweaks to the amendment as well as adding the frontline worker to the work group. Seeing no further discussion, the motion before us is the adoption of L-004 to House Bill 1429. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 63 ayes, 0 no and 2 excuse, the amendment is adopted. Madam Majority Leader. Madam Speaker, I move House Bill 1429 as amended on third reading and final passage. Representative DeGraff Seeing no further discussion the motion before us is the adoption of House Bill 1429 as amended on third reading and final passage Mr Schiebel please open the machine and members proceed to vote Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 54 aye, 9 no to excused, House Bill 1429, as amended, is passed. Co-sponsors. Please close the machine.
Mr. Schiebel, please read the title of the House Bill 1274. House Bill 1274 by Representatives Lindsay and Garcia, also Senators Wallace and Weissman, concerning authorization for a state agency to award a percentage of the total value of a grant agreement to a non-profit grantee of a grant program of the agency upon the execution or renewal of the grant agreement and in connection therewith, making an appropriation.
Madam Majority Leader. Madam Speaker, I move House Bill 1274 on third reading and final passage. The motion before us is the adoption of House Bill 1274 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
No, ma'am.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 44 I, 19 no, and 2 excused, House Bill 1274 is adopted. Co-sponsors. Please close the machine.
Mr. Schiebel, please read the title to Senate Bill 135 Senate Bill 135 by Senators Bridges and Kipp also Representatives Bacon and Lukens concerning state public education K-12 funding and in connection therewith increasing appropriations for state public education K-12 for 10 years allowing the state to retain an amount of state revenue in excess of the limitation of state fiscal year spending equal to state public K-12 education funding and submitting a ballot question to the registered electors of the state.
Madam Majority Leader. Madam Speaker, I move Senate Bill 135 on third reading and final passage. Representative Lukens. Representative Lukens Thank you Madam Speaker I request permission to run a third reading amendment Please briefly explain Oh, AML Bacon.
Yes, thank you. Our drafters did find some editing and technical errors, and we would like to correct those.
Seeing no further discussion, the motion before us is permission to run a third reading amendment on Senate Bill 135. Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Joseph is excused. Please close the machine. With 61 I, 1 no, 3 excused, permission is granted.
AML Bacon. Thank you, Madam Speaker. I move L37 and ask that it be displayed. One moment, please. It is properly displayed. Please proceed. Thank you, members. Again, these are some clerical errors. We need to strike the language of voter approval of the ballot measure included and just substitute the section because we're just making a reference to what would then be in statute. And that is the proper way to write. regards to these questions.
Line four is just clarity to show that it is a district share of the formula, that districts don't get the whole formula, and the last two are typo changes. You can see from 104.7 to 103.7. Seeing no further discussion, the motion before us is the adoption of L37 to Senate Bill 135. Mr. Sheebel, please open the machine, and members proceed to vote. Representative Morrow, how do you vote?
Yes.
Representative Morrow votes yes. Representative Weinberg, how do you vote?
Yes.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Charlie Kahneman. Please close the machine. With 62 ayes, 0, no, and 3 excused, Amendment 37 is adopted. Madam Majority Leader.
Madam Speaker, I move Senate Bill 135 as amended on third reading and final passage.
Representative DeGreff.
Thank you, Madam Speaker. I appreciate the... What's that? I think I might just go sit down now. All right, so we're going to talk about this really quick. We're going to talk about how 80% graduate, only 25% pass. There is absolutely no guarantee that the money will solve this problem. This is a blank check to an empty promise. Priorities get funded prior to preferences. This is a preference. We are pre-spending a nonexistent surplus to the tune of nearly $1 billion. dollars Colorado has not prioritized Coloradoans have prioritized education and there is we are nearly at per pupil per year So maybe that will expedite them a little bit All right, so seriously, this is a blank, I'm sorry, but despite the good intentions, this is a blank check to an empty promise. There's no guarantee the money's going to go where it's going to go. These priorities, if the education is a priority, it needs to get funded prior to everything else. I talked a lot about it yesterday. We talked about multiple times hundreds of millions of dollars that are going into programs that have absolutely no benefit for the citizens of Colorado, not even an attempt to show a benefit from this body to the citizens of Colorado. Hundreds of millions of dollars, if not billions of dollars. This pre-spends nearly $800 million worth of potential surplus. What happens when that doesn't deliver? This bill has promised, written a blank check, provided a blank check, signed it, and it is based, again, on an empty promise. So the citizens of Colorado have prioritized education. They've come back for education time and time and time again. Citizens of Colorado, I would highly request that you vote no on this because it is just another undermining. We are pre-spending any possible surplus. That is a tax increase on the citizens of Colorado. Money that is overtaxed and then you turn it into a retention is just confirming that it is a tax. So let's get our budgeting priorities in order. If education is a priority, let's fund that. there is absolutely no guarantee that the money that is promised with this blank check is going to materialize. We're asking teachers to make determinations, make life choices based on money that may or may not even be there. And then what we're going to be committing to is we're going to then I think what's going to happen with this is the money will fail to materialize. the teachers and they will be expecting it and then we'll have to come back and say oh wow that didn't that didn't happen because the business community is not recovering under this the uh the reign of uh the the gold dome cesspool here so i ask for a no vote representative gonzalez
thank you mr speaker rotem and i want to appreciate the bill sponsors for bringing this bill forward so we can have this discussion. I love my Tabor and anything when it comes to Tabor and I'm looking at my colleague from Denver because we know we have such a robust conversation when it comes to Tabor, right? I just want to highlight for the record, I think we're seeing a lot in this building where we throw more money at things instead of addressing the root cause of the problems. We do. We're seeing a budget that's grown over 50% in the last six, seven years. Our education system hasn't gotten 50% better. Our roads haven't gotten 50% better. And now we're going to ask the voters to go ahead and give up their TABOR refunds. And I know how a lot of you truly feel about the Taxpayers' Bill of Rights. I think the state of Colorado shows that TABOR pulls around 60%, 70%. It's actually the second thing that pulls the highest behind cannabis. And I just want to highlight that I really do support my public schools and my teachers. I do. I am the product of public education, and I was the at-risk student when I went to school. and I think that our teachers do deserve to get paid better but I think we should also highlight the importance of our school districts and having that local autonomy and control when it comes to making for these decisions because you know I don't want to set the president that we at a universal flat rate across the state because in different parts of Colorado, you know, the cost of living can fluctuate. Our teachers do a lot for our students, they do. We don't wanna exasperate them, overwhelm them. And I think that the dollars should in fact follow the student. My concern with this specifically is that we're seeing that the money, the more money we put into the public school system, the more administration grows. And my concern is, is we're gonna continue to see school administration grow at the expense of our teachers and our students. And I think that takes away the resources from it because I have heard from not only my district, but other parts in Colorado that we're growing school administration at the expense of our students. Now I know there's some that need services and there's people that need specialty, and I understand that. But we're growing administration for roles that I think can be duplicative or eat away that can be inefficient. I understand the need for growing staff, but at the same time, we have to make sure that we fund our students. I care about my teachers and I care about our students. I think all of us do, we do. But I think that this is not the way that we should be doing it. And instead, we should reevaluate our priorities as a legislature to truly fund our public roads, our infrastructure, our health care, and our education. Because our students do deserve better. And right now, they're not performing at grade level. And we see teachers that are overwhelmed. And we should not put the burden on our teachers because they do make, time and time again, make tough choices. They do. But we also have to make sure that our students are having the resources they need. And you can argue, well, we just need more money. well we say that all this time in this building we just need to throw more money at it at the expense of addressing the root cause of it so again i appreciate the call the the sponsors bringing the bill forward but i urge a nobile on this bill representative richardson
thank you speaker pro tem and first i do want to compliment the the sponsors you're trying to address a real issue and secondly you're appropriately going to the voters to ask their permission to do this. But my opinion of the bill has not changed in the last 13 and a half hours. The ballot question is misleading. It does not describe what the bill does. It does not fully describe the scope of what is being asked. And I think that it's been hijacked for purposes beyond education just to provide spending authority to this body. You know, just a couple of years after we redesigned and updated the school funding formula, we're deciding that we just need to add another 2% on top of that without just a flat rate. We aren't looking at what specifically is needed. but the ballot question itself promises things that we as a legislature cannot deliver because class sizes, teacher retention, and teacher pay are functions of local school boards. Hope is not a method, so just putting it in the ballot question is not going to make it so, but misleading the voters or letting the voters, and not purposefully, but leading voters to believe that that's going to be the outcome if this passes is wrong. We can't promise that. We should not be putting it in the ballot question. We are giving ourselves the authority to collect 24% more money than we did this year. Times are hard Retaining that money makes the lives of our citizens even harder Every one of them has a right to set their own priorities and executing those priorities takes their own resources We shouldn be taking resources from the people in order to run the priorities that we set in this house. I I urge a no vote, and I do urge any citizen confronted with this ballot measure, if it were to pass, to do their research and decide if it is the right solution for the problems that your families face and the state faces. I think you'll vote no.
Representative Camacho. Thank you, Speaker Pro Tem. It's a pleasure to serve with you. It's a pleasure to serve with you. I felt compelled to respond to my colleague from Weld County. I think it is incumbent upon all of us to recognize, and we talk about root causes of why a bill like this is necessary, we must accept that it is Tabor. We must accept that as an adequacy study that the state has commissioned that we are $4 billion underfunding K-12. One of my colleagues said times are tough for K-12, and he's right. You don't get $4 billion in the hole overnight. It happens over decades. and that is the problem. If you care about K-12, if you care about our communities, if you care about our schools, and if you care about our law, whether you like it or not, I urge a yes vote because this will send to the voters so they can determine if we should go over the Tabor cap to support the priorities that we all feel are important, specifically in this instance, K-12.
Representative Slough. Thank you, Speaker Pro Tim. and to the representative from Denver, yes, let's talk about root causes. But it is certainly not TABOR. TABOR protects people, and it protects people's tax dollars. The problem are all of the other programs that people more to one side of the aisle in front of me than the other tend to choose to put into place. I could go on and on and list them. There's too many of them. Those are the things that we should be looking at. Those are the priorities. your number one priority may not be somebody else's number one priority that's reality that's life education ought to be very high on our priority list well above so many of the other things that we fund many of the other things that we fund ought to be wholesale cut period taber is not the problem taber is what makes sure that people the citizens your constituents It's how we protect their life, their livelihood, the time and effort that they put into earning the money that we so easily take from their pockets through taxes and fees and everything else. So yes, let's talk about the root causes. Tabor is not the root cause. It's what protects us. The root causes are the programs that we shouldn't be paying for.
Mr. Assistant Minority Leader. Thank you, Mr. Speaker, pro tem. And I'm not going to talk about, I guess, the bill as it is as much as it was that the amendment that the representative from Albert County brought yesterday. And I just, I appreciated the amendment because we've really talked about having clear ballot language. And I think the math being there was important. I think as our voters make these decisions I think that the way that we lay out the proposition language is huge I know that the conversation around math problems came up but I sure all of you I don know I mean a lot of people come to elected officials and say explain the blue book at least where I'm from. They actually have what are called blue book parties, believe it or not and everybody gets together in the counties and they sit down and try to figure these things out and when I looked at the amendment that the representative ran yesterday, for me as a normal person who was definitely not a math guy, I could figure that math out and take a look at it and see exactly where the money was going and how it got there. And I just really appreciated the amendment, and I wanted to speak to it, because I always hate the situation that we put each other in in this building. I mean, I'm all about making sure that kids are educated. I hate that it feels like we pit each other that, you know, if you don't vote for this, you're not for kids, because I don't believe that. but we have wholly different districts in different ways and you're right the front range really helps the rural communities i will not deny that 110 they're the commerce centers they're the population centers but it puts my constituents in a quandary because especially in my district taber's huge i mean our districts are different and the values within our districts are different and i'm not talking about the values that we have i think as coloradans and Americans in a lot of way. I think a lot of those values we agree on. But when it comes to pitting the whole Tabor issue versus education, I think it might even be easier. And I think that there might even be more people from within the districts that are really defensive of Tabor to sit down and look at the ballot question and say, okay, the math's mathing. And that's why I appreciated the amendment and spoke. I didn't speak much on the bill because, I mean, I think my colleagues did a good job talking about that, but when I think about the blue book parties I did before I was an elected official and the questions that were always asked, it just, it really seemed like the amendment, if that would have been the title language, it would have been easier for the everyday person to take a look at this and do this, and we had just discussed ballot language before, and we discussed it in a bill earlier this year, so I think that trying to be responsible and putting clear ballot language out is huge. And I think that, you know, as we try to get voters to move, as we try to move the needle, because that's what we're all doing in here is trying to move the needle with voters, I think that in places where there is such a protection of Tabor and it runs up against something like this, with some language like this, because the bill is going to pass and it's going to get on the ballot and understand all that. I just really think with language like that, for somebody that used to hold these Blue Book parties, it would just be so much easier for people to know that's where the money's going because all the time one of the biggest things i hear in my district when it comes to the marijuana money is well this marijuana money was supposed to go here and is it going here and these are the conversations that are had within my district these are things people are talking about how many years later after it was passed it still comes up at town halls so i just wanted to put on the record that i mean this bill it's going to pass and the voters are going to have their chance to vote on this and we'll see what they do you know we'll see where it shakes out I just really wanted to write support in the ballot language that my colleague brought from Albert County and how the breakdown of the math was I just thought that that was ultra important it would have really been nice to see the body adopt that amendment and put that in there for the people of Colorado that way they could see if the math math for them and that way they could make a better decision because I just I'm will stand for my colleagues We care for kids and we want to see kids educated And this isn about politics for me It just about trying to do what right for our district And that why we get elected to make these hard decisions to push the red and the green button And I understand that people are going to vote the way that they're going to vote. I just wish that we had the ability to put this amendment on that way. The people that fill in that circle come October when those ballots were mailed out had the ability to see if the math math. So I just want to put that on the record. Further discussion?
Representative Luck. Thank you, Mr. Speaker Pro Tem. A well-educated citizenry is necessary for good governance in the administration of our republic. The purpose of education in the citizen realm, in the governmental realm, is an important one. To develop generation after generation of individuals who have virtue, who have knowledge, who have understanding, and who can self-govern, and who can continue to grow a civilization to greater and greater heights. It's an important task. the focus on the next generation is paramount what are we doing of any value if they are not top of mind when we talk about funding education there are a lot of different elements and in 10 minutes we don't really have time to get into most of them but there are a few things that I would like to bring up as relates to increasing the amount of funding. Because we recognize that when we increase in one area, decreases have to be made in others. And what I mean by that is, while this doesn't actually raise in the initial calculation someone's tax liability, it does ultimately alter their tax liability because the amount of monies that they would otherwise be refunded under our current system will be eliminated for the foreseeable future. So if they were expecting to get over the next 10 years, let's say $1,000, $1,200, and it grows by $200 every year, those are dollars that that family could expend in other ways. And for us as the state to collect them for the purpose of education is a shifting. And the question becomes, is that a valid shift? And there are just some things. Yesterday we talked about average teacher pay and the fact that in many counties, the average pay of teachers in the districts in that county is at par if not above the average salary of a person employed outside of the school system in that county. And so to suggest that our teachers are underpaid is a questionable proposition in light of the fact that others, the average of their neighbors, are getting paid less than them. We also need to look at student enrollment. Did you know Colorado enrollment has dropped by nearly 30,000 students or dropped by nearly 30,000 students during the first COVID era decline, 2020 to 2021? A 2025 report found that another 6,867 students left the public school system between 2022 and 2025. And the newest 2025-2026 count showed an additional drop of about 10,000 students, bringing statewide enrollment down from over 910,000 pre-pandemic to roughly 870,793. If we're seeing a drop in students, then presumably we would see a drop in the need for funds. Enrollment has declined consecutively for the last five years. many districts are seen falling elementary enrollment suggesting fewer younger children statewide that they attribute to lower birth rates which this body incentivizes by paying for the death of the next generation rising housing costs pushing families out, homeschooling growth, online charter alternatives and demographic shifts so the pay is at par. The number of students is diminishing. And then we look and we see that from 2015 to 2025, student enrollment in Colorado on that decade, right, increased by 1%. Teacher hiring increased by 4.7 percent but administrative hiring increased over 27 percent and those administrators they make on average 37 000 more dollars than the teachers seems like we're building a top heavy bureaucracy as opposed to a student friendly educational system So do we need these new dollars or are we overreaching because we have a contentment problem? The bill sponsors yesterday admitted that a large amount of the dollars that will now be freed up can go to whatever other programs this body has in their mind. Is this really about students? Or is it about the priorities of the people in this room and wanting to make sure that there are line items available for them? A happy man is one who wants what he has. An unhappy one gets what he wants but never stops wanting. My district often says, well, this next year has to be better, right? They can't do as much crazy, right? We've reached the bottom of the barrel, right? They can't go any deeper. They can't think about any more ridiculousness. This is their words. And year after year I come home and give new updates and they stand amazed But there is a discontent There is this deep desire, seemingly, to create a utopia without recognizing that the definition of utopia is no place. It doesn't exist. We could take every last dollar from the people of Colorado and still this body would want to create more programs and spend more money and embrace the good idea fairy to the fullest extent. Last but not least, I do want to again put on the record my opposition to the ballot language. Our title board members looked at the language of this particular referred measure and said it doesn't express properly to the people what is being done here. It needs to be altered. It needs to be changed. We were told yesterday when we were asked to vote on it that the language is no longer valid because the bill has been changed, but you'll note that that language from the beginning hasn't changed. So if the text was so substantially changed that it required that that amendment fail, then presumably this language should also have been amended. But it wasn't. It wasn't. And I can't say exactly why, But I'll tell you, going back to a comment I made earlier this week, my father would interpret that to mean that it's not being changed because we want to use the heartstrings of people to be able to free up more dollars for a slush fund here.
Rep. Black, you have one minute remaining. Thank you, Mr. Speaker Pro Tem.
I can't support that. And while I suspect this will be voted through, I really hope the people of Colorado see through it and vote no.
Representative Slaw, this is your second time to speak. You have eight minutes and 42 seconds remaining.
Thank you, Mr. Speaker Brotin. This is the first time I've spoken twice, something on third reading, and I did not plan to speak about this on third reading. But I did bite my tongue quite a bit yesterday during seconds. and I didn't want to do that, but I should have. I should have spoken to this. I do not like this. I'm sure you're shocked. But I appreciate the words from the representative from Penrose, and I do want to echo the ballot language problem. A handful of years ago in the town of Berthoud, there was a ballot measure that was put for the people. And at the end of the vote count, I believe it was two votes that separated the yes and the no. So if one person had voted differently, it would have been a tie to the person. If two people had changed it differently, it would have been a vastly different outcome. It meant the spending of millions of dollars in the town of Berthoud I think the money that eventually got spent could have been spent better We're not talking necessarily about that other than the ballot language was very difficult for people. For me, I'll just speak for myself. My wife and I both read it a good number of times. I don't think that the ballot language on that was very clear. I don't think that the ballot language for this is particularly clear. I think most people are going to take as much time as it seems like sometimes around here we get to vote on things when they're dropped on us last minute. People are going to read it, and I fear that they won't recognize the entirety of what the measure will do because of the unclarity. It's also been spoken to the budgets of school districts, which is an important thing. There's always two things that we need more money for, and the children in schools is always one of them. And it's probably not untrue. There's probably places where we could spend more for education. Teachers probably deserve a little bit more than they get. but I don't think administration costs need to be where they're at. The other representative from Greeley, who will speak after me again, and he spoke earlier, we were in the same meeting a good handful of months ago now before this session started where we heard some of the concerns from one of our school districts talking about how a lot of the things that have been put in place by this body that now require them to do ABC through XYZ more, and in addition to what they normally would want to do, which is educate children and help those children to be able to learn, not necessarily just be given knowledge that the teacher may want to impart. Although I think it's more important to teach children how to learn, not necessarily teach them facts, because sometimes those facts aren't exactly facts, but we pay for programs to tell them that some of those facts are facts, and they're not really facts. But now we have to layer on administration costs. We have to make sure that teachers get training in DEI, things like that that are not the school's place. But now we've got to track that training. We've got to have another person in the district that just make sure that the training gets done and a number of other things that we layer on to their costs. How about we layer off some of those costs and see where the money is at? And then how about we also make sure that in this ballot language people are crystal clear
that not only will this money not necessarily go to the things that they are going to think of, but let's make sure that they are crystal clear and knowing that it's money that's not going to be coming back to them. It's excess money that they put in to the state taxpayer pot that now they're not necessarily going to get back. I hope that all of those things are explicitly clear to the voters when they make their decisions on this. I will most certainly be a no today. Thank you Representative Gonzalez this is your second time to speak you have seven minutes and six seconds remaining Thank you Mr Spreaker Pro Tem And again I appreciate the dialogue that we having
And I think that this issue should not be partisan. I don't think it's being made partisan, but I think we should be fragile with the situation about our education, our public education systems. I think that I invite and welcome dialogue from our teachers. You know, I'm not a teacher. I admit that, but we do have a teacher that's an elected here who, you know, I think if we work together, we can find some ideas that are innovative to help and fund our public schools and our teachers and our students, because I think that that's something that we need to have these tough discussions. I will also say, I know a lot of you in this room do not like Tabor. You do not. And I think you see it as a potential roadmap.
I think Rep would be better if you just spoke for yourself.
Thank you, Mr. Spirigotem. again, I would just say the Colorado is overwhelmingly approved of TABOR and this is TABOR compliant. You are taking it to the voters. I get that. That's part of TABOR, the dynamic that's the design of TABOR. And I know that there's a lot of controversy over, you know, circumventing that and I think there's other bills that circumvent TABOR. But at the same time, I think we should be very mindful about what we're trying to address here. Because I don't trust government math. This is no disrespect to our non-policy team. I know some projections have been off and I just think that what happens then if we have the funding let's say this passes and we're still having the same problems what happens then what's our plan B what's our potential plan C but I will just say I will keep it short I appreciate the dialogue but you know the color brands love Tabor you know I think we should all be on the record on how we really feel about it and I encourage a novel on this bill representative Garcia Sander
Thank you, Mr. Speaker Pro Tem. Is this true? Is it really true? I think a lot of times we pass laws and citizens say, hey, if this is what is going to happen, citizens voted in the Taxpayer Bill of Rights and they said, this is great. and then things like we had Senate Bill 181 a while back, 112. There's been some bills that we've passed and then we come back and say that doesn't work or it's too expensive. And I guess my question is, is this true? Because we have asked for money for public schools before and we ask for more money for free meals for kids. And we come back and we keep asking more. And I am starting to worry about the resentment towards education and teachers because we keep asking for more and we're not getting the return on investment. We were told that teachers asked for this And I posit that some teachers ask for this, some teachers in our unions ask for this, but I also know there are teachers who said, I actually really used to look forward to my Tabor refund because I was using that for tuition for my continuing ed classes. Or I was using that Tabor refund for that much-needed vacation during summer or Christmas breaks. so we're going to have more money toward education and in the bill as it's rewritten with the amendment yesterday more money is going to to go to more programming, which sounds good, but as one of my colleagues from Weld mentioned earlier, the administrative burdens that come with those additional programs means that there's going to be more bureaucracy that has to be started to manage the extra programs that support Colorado's children prioritizing child care, full-day preschool and other programs that prepare children to be successful. Those all sound really good, but every time we add another program, we also have to add programs at the administrative bureaucratic level, whether that is at the state level or the district level or the school level that manages those programs. And so when people say money is getting eaten up by bureaucracy and administration, I see that. I've mentioned before that I get paid still to be a paper pusher, to type numbers in, to report to CDE multiple times a year because of administrative burden, because of programming costs. And most people don't realize that. You don't realize that every time we put more money into education and put more money into programs, that means there's going to be more administrative, bureaucratic levels that take up that money. I used to explain it in the way I would say that I was okay with the Federal Department of Education going away because there's so much money that Colorado sent to them that got eaten up in bureaucracy. And so I'm going to bring this back to, is this true? Is all this money really going to go to students? No, it's not going to. because there's going to be a lot of administrative costs that come with additional programs. Is this money going to go to teachers? Well, some will if the districts decide that they want to pass that along to teachers for salary increases. I think another big question is, is this going to break Colorado's budget down the road? I am not on the JBC. I am not the numbers girl. But I do know that I've managed a multimillion-dollar school budget for many years. And the numbers need to add up, and you have to forecast, and you have to look at your birth rates and your incoming kindergarten classes and what that looks like when the new neighborhood is going to be built. But, oh, the developer went belly up, and so now that neighborhood's not going to be built. And you have to forecast long-term. And I actually have really big concerns that long-term, when we look at the percentage of our state budget that goes into K-12 education and Medicaid and the smaller and smaller portions that go to all the other infrastructure needs that our state has, I worry that this is also going to break Colorado's budget down the road. And so while it sounds good that this is for the children, it actually, I think people are going to say, wait, we voted for this and now you're asking for more money. And we're going to hear that over and over again. This is not going to be education fix I talked to people in our education committee about this and outside of our education committee problems aren money Problems are a lot of other things including societal issues and what teachers are being asked to do more and more because families haven't, we've taken that responsibility away from families. I just think this additional money isn't going to fix what Colorado's education problems are and have been. And so, you know, for a lot of those reasons, SB 135 isn't the answer, and I just, I can't vote for it. Thank you.
Representative Kelty.
Thank you, Mr. Speaker Pro Tem, and I'll make this quick. Just so the people of Colorado understand, because I'm technically talking to them directly at this point. With this bill, with this law, they say it's going for teachers and kids. Let me tell you this. There is absolutely zero guarantee a single dollar, not even one dollar, will go to kids and teachers. There is zero guarantee that not even one dollar will go to teachers' pockets.
I'm just going to pause you one second. Nothing to do with your remarks. We'll pause your time. Members, I need you to take your seats, please. Rep. Kelty, please proceed.
Thank you, Mr. President. Speaker wrote down. So with absolutely no guarantee that any of this money will go to kids, teachers, or into the teachers' pockets, I can tell you there is a 100% guarantee that this money will be taken, not just from every Coloradan, in their taking of their TABOR refunds, but it will take also the TABOR refunds from every single teacher you claim the dollars will go into their pockets. Completely false. Zero guarantee is going to help anyone. 100% guarantee it's going to take away your money. I ask for a no vote.
Representative Lukens, AML Bacon. Representative Lukens.
Thank you, Mr. Speaker Pro Tem. I am so proud of the bill that we are bringing before you today. Senate Bill 135 does not raise taxes. This bill lets the voters decide if they want to raise the Tabor cap. Voters are smart. Voters understand nuance. We have heard that schools get too much money, that teachers are paid too much. We disagree. Our teachers are the most underpaid in the country, and we think that voters should have a choice. That's what this bill does. It gives voters a choice. It gives voters an opportunity to make a transformative investment in public K-12 education. This bill is for Adam, who loves his agriculture education classes in Oak Creek. This bill is for my best friend, who is an eighth-grade English teacher, and she is nine months pregnant, due on Wednesday, and this is for her baby, too. This is for the ninth grader that came to tour the Capitol yesterday and told me that she wants to major in political science. This is for the students that came from Gypsum a few weeks ago and asked the majority of their questions were about wolves This bill is not about wolves As a teacher, I am so proud of this bill. I know this bill will be impactful for students, teachers, and schools. And I ask for your yes vote so we can empower students to maximize their learning potential.
AML Bacon.
Thank you. And I'm so proud to stand here with my co-prime and the work that you do on behalf of students. And thank you for sharing their names. The reason why we wanted to talk particularly about kids is because I want to address some things that I feel like we tend to lose the minute those of us who are elected walk into this building. You know, we're told to not tug on heartstrings. I'm pretty sure someone's going to do that today. Our form of government is a republic in which people are supposed to represent their communities and their experiences. The only requirement to be here is to be of age and live in the district for a year. We are supposed to talk about what it is that we feel we need. And I feel for that student from Gypsum. It's up to us. This is not actually about Tabor. Despite what we heard, we are following the protocol. What I will say is, adjusting, like I said yesterday, from chalk to a Chromebook can't be met by inflation, which is why we are allowed to adjust what it is that we want to retain. Because in 2026, we have needs that many of us have talked about in this building that did not exist in 1991 or 1992. We are allowed. Let them vote. I hear that actually asked in this building all the time. but let us vote about the reality of three billion dollars in the hole because what it costs to educate kids is not the same as it was 35 years ago and i know you know that because how many of you are parents and all of a sudden it used to be you got to buy a box of tissues but now you got to buy a computer now you got to buy the bougie hand sanitizer are. You know what I'm talking about. Did we have to buy that? Did we have to buy that? Exactly. Okay. And so the truth of the matter is our neighbors, our students deserve for us to be able to ask the question on what it is that we will invest in. Another thing that kind of kills me about the bubble of this building, I keep hearing we're going to take working people's money. First of all, we're working people. You know who else is working people? Teachers. And you know who's willing? Working people like teachers are willing. I am willing. First of all, a teacher deserves to be paid enough so they make vacation money, period. I am willing as a working person for my $20 for that low, low cost to be sure that student can learn how to build a plane And anybody else who willing deserves a chance to vote for it which is again what this bill does Working people have spoken because they know what the exchange is You know why they know what the exchange is? For their kids. For their kids. For the kids they see outside because they don't have an after-school program. for their own kids who have to look across the state and wish they lived in another district so they can have career and technical education. And so if you haven't had a chance to look for my investment, I am a working person, so is the teacher, so is the parent, and so are all the people who answered yes to the poll. They are willing to not have their taxes increased but to say, In 2026, Yuma County deserves an additional $300,000. You know what an additional $300,000 is? It's a special education teacher. It is a dyslexia program. For my investment on behalf of working kids, I am willing to send $1 million to the Byers school district. because maybe that's an opportunity for someone to learn how to build, I don't know, anything that helps us grow food with a quarter inch of water. And so at the end of the day, on behalf of what our purpose is here as legislators who have been elected by people to meet the needs of our communities, which sometimes are emotional, Let me answer that. And you know what? We have asked working people, and they said we are willing to. The return of my $21 means, like I said yesterday, I might have a new radiologist who can help me get through my cancer. I might have someone who can actually take us to another planet. And so this is the time for us to ask ourselves, what do we care about and who will we invest in for our standard income tax rate of, that is also the lowest in the country almost, to be able to get us to where we are. And on behalf of school boards, superintendents, teachers, the bus drivers, the deans, ain't nobody in this state have ever said that we have too much money and we're going to just have a pocket of secret dollars somewhere. But I know what is guaranteed. If we don't get extra dollars, I know what we're not going to get. And I do know what the guarantee is. There's nobody that's going to squirrel away little pockets of cash. that is the actual guarantee. So I will end the same way my colleague began. Who do you know in the class of 2029? Is it Jesse? Who wants to be an architect? Who do you know in the class of 2031? Maybe it might actually be your kids. And so to live in a world where we can see everything, maybe it's on a screen, the internet or whatnot, and to be just this far away for my little investment of $21, the return of The return, the return, the return, return on investment is priceless. It's priceless. Please support Senate Bill 135.
The motion before us is the adoption of Senate Bill 26-135 as amended on third reading final passage. Mr. Schiebel, please open the machine. Members, please proceed to vote. Representative Weinberg, how do you vote? No, sir. Representative Weinberg votes no. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Ricks, how do you vote? Yes. Representative Ricks votes yes. Please close the machine. With 42 aye votes, 21 no votes, and two excused, Senate Bill 26-135 is adopted. Co-sponsors. Representative Ricks and Representative Morrow, co-sponsor. Please close the machine.
Mr. Schiebel, please read the title of Senate Bill 26-11-15.
115, excuse me.
Senate Bill 115 by Senators Gonzales and Weissman, also representatives of Bacon and Mabry, concerning post-conviction relief for certain offenders sentenced to imprisonment and in connection therewith making reducing an appropriation. Madam Majority Leader.
Mr. Speaker Pro Tem, I move Senate Bill 115 on third reading and final passage. Representative Soper. Thank you, Mr. Speaker Pro Tem. I'd like to ask permission to run a third reading amendment that I also have the blessings of the sponsors. Would you like to tell us any more? Yes, thank you, Mr. Speaker Pro Tem. This is really more of a technical amendment. It's ensuring that a person only has one evidentiary hearing and that after they've had that, they can't continue to petition. Representative Avery. I guess we're okay with this. Appreciate that. Members, the question before us is permission to run a third reading amendment on Senate Bill 115. Mr. Schiebel, please open the machine. Members, please proceed to vote. Representative Weinberg, how do you vote?
Yes.
Representative Weinberg votes yes. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Ricks, how do you vote? Yes.
Representative Ricks votes yes.
Speaker's excused. Please close the machine. With 62 aye votes, 0 no votes, and 3 excused, the motion is adopted. Representative Soper. Thank you, Mr. Speaker Pro Tem. I move Amendment L025 and ask that it be properly displayed. That's a proper motion. One second. Please proceed. Thank you, Mr. Speaker Pro Tem. This is exactly as I just described it a minute ago. It's more belts and suspenders and giving clarity to the bill. I'd ask for a yes vote. Further discussion, Representative Mabry.
Thank you Mr Speaker Pro Tem I like to thank our colleague for from Delta for all the collaboration on the bill We at that point in session where it feels like we get weeks worth of work done in a couple of hours And I do appreciate all the work we did yesterday before second readings and recognize this is belts and suspenders. And we also ask for a yes vote.
Seeing no further discussion, the question before us is the adoption of Amendment L-25 to Senate Bill 115. Mr. Schiebel, please open the machine. Members, please proceed to vote. Representative Weinberg, how do you vote?
Yes.
Representative Weinberg votes yes. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Please close the machine. With 62 aye votes, 0 no votes, and 3 excused, the amendment is adopted. We are back to the bill. Madam Majority Leader. Thank you, Mr. Speaker Pro Tem. I move Senate Bill 115 as amended on third reading and final passage. The motion before us is the adoption of Senate Bill 115 as amended on third reading and final passage. Mr. Schiebel, please open the machine. Members, please proceed to vote. Representative Weinberg, how do you vote?
No.
Representative Weinberg votes no. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Representative Martinez is excused. I don't have a dollar amount in mind, but I just feel like whatever you feel like is appropriate on a Saturday morning. You know, I feel like seven is a good compromise. A ten. Ten. Let's call it seven dollars, members. Please close the machine. with 42 aye votes, 21 no votes, and two excused. Senate Bill 26-115 as amended is adopted. Co-sponsors. Please close the machine. And, oh. Members, I just want to offer that our speaker pro tem was far too generous. That was more like a $100 fine, so. I will put $100 in the kitty.
Mr. Schiebel, please read the title to Senate Bill 167. Senate Bill 167 by Senators Benavidez and Molokos, Representatives Baisnecker and Lindsay, concerning a covered person's contribution under a health benefit plan based on out expenses attributable to the purchase of prescription drugs Madam Majority Leader Madam Speaker I move Senate Bill 167 on third reading and final passage The motion before us is the adoption of Senate Bill 167 on third reading and final passage
Mr. Schiebel, please.
Representative Garcia, not in the well.
Representative Garcia, you were not in the well. Okay, fine. Okay. Representative Garcia. Thank you. Members, I'm down here to talk about this really important bill because it's not like it's lunchtime or anything, and it's not like one of our colleagues is running out to meet a delivery driver or anything, but it's really important to talk about why drug out-of-pocket expenses is an important topic. I think we all know that it's expensive when there's a prescription drug that we have to pay for out of pocket, and having a bill to address this is really important. Representative, we are going to stand in a brief recess. Thank you. The House will come back to order. Representative Mabry, $20 fine. Representative Garcia, $5 fine. Thank you. The motion before us is the adoption of Senate Bill 167 on third reading and final passage. Mr. Schievel, please open the machine and members proceed to vote. Representative Weinberg, how do you vote?
No, no.
Representative Weinberg votes no. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Bacon, Goldstein, Lukens, Soper. Representative Lukens, $5 fine. AML Bacon, $5 fine. Please close the machine. With 48 aye, 15 no and 2 excused, Senate Bill 167 is adopted. Co-sponsors. Representative Ricks co Please close the machine.
Mr. Schiebel, please read the title to Senate Bill 145. Senate Bill 145 by Senators Bright and Kipp, also representatives Basinecker and Gilchrist, concerning charter school involvement in local ballot questions.
Madam Majority Leader. Madam Speaker, I move Senate Bill 145 on third reading and final passage. The motion before us is the adoption of Senate Bill 145 on third reading and final passage. Mr. Schiebel, please open the machine and members proceed to vote. Representative Weinberg, how do you vote?
Yes, ma'am.
Representative Weinberg votes yes. Representative Ricks, how do you vote?
Yes.
Representative Ricks votes yes. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Please. Close the machine. With 52I11 known to excuse, Senate Bill 145 is adopted. Co-sponsors. Representative Ricks, co-sponsors. Please close the machine. Madam Majority Leader. Thank you, Madam Speaker. I move to lay over the balance of the third reading calendar until Monday, May 11th. Balance of the third reading calendar will be laid over until Monday, May 11th. Mr. Schiebel, reports of committees of reference.
Committee on Appropriations. After consideration, the Merits of Committee recommends the following. House Bill 1112 as amended and Senate Bill 378 as amended, 155 as amended, 178, 187, 188, and 193 as amended. Be free to the Committee of the Whole with favorable recommendation. Thank you.
Madam Majority Leader. Madam Speaker, I move that the following bills be made special orders on May 9, 2026 at 1233 p.m. Senate Bill 15, House Bill 1112, Senate Bill 187, Senate Bill 93, and House Bill 1326. Seeing no objection, the bills listed by the majority leader will be made special orders today, May 9th at 1233 p.m. Assistant Majority Leader Bacon. Members, you have heard the motion. Seeing no objection, AML Bacon will take the chair. Thank you. Thank you.
The House will come back to order. Members, this is a first. AML Bacon. Madam Speaker, I withdraw my motion. The motion has been withdrawn. Madam Majority Leader.
Thank you, Madam Speaker. I remove my motion. I withdraw my motion on special orders.
Thank you. Madam Majority Leader, please restate your motion.
Thank you, Madam Speaker. I move that the following bills be made special orders on May 9, 2026 at 1236. Senate Bill 15, House Bill 1112, Senate Bill 187, Senate Bill 193, and House Bill 1326.
Seeing no objection, the bills listed by the Majority Leader will be made special orders on May 9th at 1237. Assistant Majority Leader Bacon Members, you've heard the motion, seeing no objection AML Bacon will take the chair Thank you. Thank you Thank you Thank you. Thank you. The committee will come to order. With your unanimous consent, the bills will be read by title unless there is a quest for reading a bill at length. Committee reports are printed in your bill folders. Floor amendments will be shown on the screen on iLegislate and in today's folder on your box account. Bills will be laid over upon motion of the Majority Leader, and the coat rule is relaxed. Madam Majority Leader.
Thank you, Madam Chair. I move Senate Bill 15 until after Senate Bill 193.
Senate Bill 15 will be laid over until after Senate Bill 193. Mr. Schiebel, please read the title to House Bill 1112.
House Bill 1112 by Representatives Paschal and Smith, also Senators Hendrickson and Simpson, concerning state regulation of underground injection control wells.
Representative Paschal.
Thank you, Madam Chair. I move House Bill 1112 and the Energy and the Environment Committee report and the Appropriations Committee report.
I also see a Finance report. Can you move that as well?
Man, I forgot. It's been so long.
And the Finance report.
Okay. We're going to first go to the Appropriations.
Committee report.
Okay, so in appropriations, which was just a few short hours ago, we made changes to the out-year revenue, which is what the concern of the JBC was. And so we just appropriated for the next two years, which was already in the cash fund of the Department of Natural Resources, and then should the department seek to move the program forward,
they will need to make a budget request in the future. Is there any further discussion on the Appropriations Committee report? Seeing none of the question before us is its passage. All those in favor please say aye. Aye. All those opposed please say no. The Appropriations Committee report is adopted To the Finance Committee report So in the Finance Committee report Representative Paschkeld Go ahead Sorry Go ahead That okay Go ahead Thank you Madam Chair Well we changed in appropriations We changed what we did in the Finance Committee report
but original structure was that this program would get started up inside the Department of Natural Resources using their own internal cash funding for a FTE and a half, and then in the future, it would pay for itself through permitting fees.
Seeing no further discussion, the question before us is the passage of the Finance Committee report. All those in favor, please say aye. Aye. All those opposed, please say no. The committee report is adopted. Okay, now to the E&E. All right.
Representative Paschal.
Sorry.
That's okay.
In the Energy and the Environment Committee, we passed a couple of, we passed three amendments.
The last two amendments was to provide clarity about the standards of the State Department of Natural Resources versus the federal standards and made it clear that the state standards would not go beyond what the current federal standards are. And then in the First Amendment, we established that the primacy that is being sought is intended to establish timely and efficient authorization and permitting processes. And this was in response to concerns that permitting through a Colorado program could be less streamlined and more onerous. The goal is to make it more streamlined and easier. And as such, we were supported by the oil and gas industry because of that making it more streamlined. And we ask for an aye vote on the E&E committee report.
Representative DeGraff. To the committee report? Okay. Okay, thank you.
Thank you, Madam Speaker. Chair. I move L013 to House Bill 1112 and ask that it magically appear on the jumbotron.
To the committee report. Okay, it is displayed. To the amendment.
Okay.
This is to amend the committee report.
After fines, insert by clear and convincing evidence based on substantial evidence in the record. And then after finding, finding that the commission shall also make a written findings demonstrating that any more stringent requirement is the least restrictive means necessary to the identified public health or environmental objective. The purpose here is to raise the evidentiary and written findings threshold before the commission can impose requirements more stringent than the enforceable federal baselines for the classes of wells that we're talking about here. So what we have is the potential of really streamlining the process by getting the federal layer out of it, but we also have the risk of restricting Colorado to what I think is more history-wise. So I think making the demonstration that any more stringent requirement is the least restrictive means necessary to achieve the identified public health or environmental objective. These things should not be just imposed by Colorado. We've seen them do this in things like asbestos regulation. Members thank you Representative DeGraff We seen this repeatedly in Colorado quest to become number one in regulation and crushing businesses so this would just help avoid that. I ask for an aye vote.
Representative Smith. Thank you. We urge a no vote because, as we said in the amendments, in the committee report, We address this, and we are not going to be more stringent than the federal requirements. We urge a no vote.
Representative Burram. Thank you, Madam Chair. And I do want to come and support this amendment for the same reason that we just want to make sure that the rules that are implemented here within the state are not more stringent than what the federal rules are for the EPA. I know that we are unique in the country to where we have a big oil and gas. I'm talking as an oil and gas guy here right now. Is that we already have so much regulation in that industry, we just don't want to make sure it becomes more stringent with this bill passing. So I urge an aye vote on this bill just to be on the safe side, on the safeguard. You can still have your rules and regulations through federal levels. We just don't want to go above and beyond.
Representative Paschkel. Thank you, Madam Chair. This topic was already addressed thoroughly in committee. We did run an amendment for it, and the bill that we have right now is supported by oil and gas. I urge a no vote.
Representative DeGraff. I was in the committee hearing, and I don't remember the amendment that you're talking about, and I do recognize that this is supported by oil and gas because they're trying to expedite the process. So what this does is it just makes sure that the expedited process does not become more onerous. I don't think that the oil and gas industry right now is cognizant of the, well, I know this is a concern of theirs. When I spoke with them, they're more betting that it won't happen, hoping that it won't happen in order to expedite it. You know, you have the devil you know versus the devil you don't. So this was a concern when I spoke with oil and gas. You know, as far as I know, it's not in the current bill, and it is still a current risk, that the Colorado Zealots are just going to pile on more requirements that are not at the federal level, and that's actually going to work against this process. I recommend an aye vote.
Seeing no further discussion, the question before us is the passage of Amendment L13. All those in favor, please say aye. All those opposed, please say no. L13 is lost to the Energy and Environment Committee report. Seeing no further discussion, the question before us is the passage of the committee report. All those in favor, please say aye. Aye. All those opposed, please say no. No. The committee report is passed. To the bill, Representative Paschko.
Thank you, Madam Chair. We're presenting to you today with House Bill 26-1112. This important legislation grants Colorado the authority to seek full primacy under underground injection wells, encompassing all six classes of injection wells currently regulated by the EPA. We currently already have primacy over oil and gas, and we are in the process of seeking primacy over for carbon sequestration. This includes the rest of the classes of injection wells, class 1, 3, and 5. For those unfamiliar, the UIC program oversees wells used to inject fluids underground, classified by type of fluid, and their relation to underground sources of drinking water. Class 1 wells handle industrial and municipal waste disposal. Class III are for solution mining materials. Class IV manages hazardous waste but are currently banned, so we're not seeking that one. Class V covers a broad array of non-hazardous injections, such as stormwater drainage and, importantly, aquifer recharge projects. This bill builds on Colorado's existing primacy for Class II wells related to oil and gas operations and our anticipated authority for Class VI wells using carbon sequestration by directing Colorado to seek primacy and extend oversight to Classes I, III, IV, and V through the Energy and Carbon Management Commission and the Division of Reclamation and Mining Safety with support from other relevant state agencies with expertise over the various types of wells covered by the UIC program. This tailored state-level approach not only enhances our water stewardship efforts, but also supports emerging energy technologies like geothermal, hydrogen production, and aligning with our broader climate and energy goals. By streamlining permit and reducing regulatory redundancies, we hope to create a more efficient, predictable framework that reflects Colorado's unique environmental priorities, fosters economic growth, and ensures robust protection for public health and our natural resources. This is an opportunity to lead with Colorado values, so with that, I'd ask for your support on this bill. And I'll pass to my co-prime, Rip Smith.
Representative Smith.
Thank you, Madam Chair. It's an honor to serve with you.
It's an honor to serve with you. Colleagues, as a former biogeochemist, this bill is of particular interest to me because it allows me to wear both my science and policy hats at once. In a state like Colorado, where persistent drought challenges threaten our water security, especially this year, gaining primacy over these classes opens the door to innovative water management strategies that are vital to our future. Aquifer storage and recovery projects utilize Class 5 wells to inject water safely underground for later use. Eliminating evaporative losses associated with surface water reservoirs, these projects directly combat the impacts of climate change variability and drought that strain our water resources and the various water users that rely on them. What sets Colorado apart is our commitment to the nation's most protective energy regulatory standards embedded directly into the statutory mission.
Representative Smith, one second. Come on, y'all. Cannot hear in the well. Thank you, Madam Chair.
Representative Smith. What sets Colorado apart is our commitment to the nation most protective energy regulation standards embedded directly in the statutory mission of the Energy and Carbon Management Commission This mission mandates the protection of public health safety welfare the environment and wildlife resources and ensures that every regulatory decision prioritizes these core values. While we're not looking to recreate the wheel by transferring the regulatory authority to Colorado, Bringing oversight of these wells in-house leverages the deep expertise across our state departments from ECMC's specialized knowledge in subsurface energy operations to the Division of Reclamation, Mining, and Safety's focus on mining projects and collaborative input from the Division of Water Resources, CDPHE's Water Quality Control Division, and Hazardous Materials and Waste Management Divisions. With this, we ask you to please vote aye on House Bill 11-12. Thank you. Thank you.
Representative DeGraff.
Thank you, Madam Chair. Again, this could be a good bill, and it could be a very risky bill because we've already looked at, it already looks to me that if we can't accept a rule that we can't make it more stringent than the federal, then we're looking to do more than the federal. And if we look at what's going on in our energy platform, in our energy policy, one of the things that we've heard about in energy and environment, several bills, and the testimony was devastating, were the hearings on eminent domain and using climate goals as a means of seizing property all the way across the state, seizing and destroying property, destroying entire forests, taking over possession or utilization of it from the citizens of Colorado. So I move L014 to House Bill 1112. Okay, we're just getting it displayed.
Okay, to the amendment. Thank you. Now this calls after the notwithstanding any provision in this section contrary,
Nothing in this section establishes, alters, impairs, negates the ability of local government to regulate land use related to Class I, IV, and V wells.
Not exactly sure what land use means here.
I mean, I know what it should mean, but I also know what it should mean in terms of the state. And the state has completely violated that contract with the citizens of Colorado, and so I would like to see it not violated further. So nothing, this would add Section E, nothing in this subsection authorizes a regulatory agency that results in the taking of private property without just compensation in violation of Section 15, Article 2 of the state constitution or the Fifth Amendment to the United States Constitution. So again, if this is not, this should not be the plan of Colorado taking this. But we do see with the PUC the Polish Utility Commission authorizing eminent domain across Colorado that the result of the citizen saying hey we would like you to do this for us it ends up being the governor doing it to them not for them And so this is just another, this should not be a conflict with any aspect of the goals of this program, to say that the taking of private property without just compensation is not allowed. This should just be an ad, something that the citizens of Colorado can understand and say, all right, this is not just another effort of the government of Colorado to screw us over with climate goals. So it's not a hostile amendment in any way, shape, or form. I think it just is a goodwill demonstration to the citizens of Colorado that this is not an inadvertently hostile act towards them. So this clarifies that UIC regulations under the bill cannot be interpreted to authorize unconstitutional takings and signals that agencies must avoid or compensate for regulatory actions across the takings line. Those are both things that I think from that witness testimony that the Colorado Energy Office and the Polish Utility Commission have flagrantly violated every turn, and I would like to see this bill not turn into that as a justification.
Representative Paschko. This has nothing to do with the bill. He's speaking about a completely different bill. I urge a no vote. Okay.
Representative DeGraff, we are still to L13. or L14, sorry.
No, I agree. It should not be part of what this bill is. It does talk about local governments regulating. It does talk about all that. So this should just fit in nicely with that, and this should be no problem. There should be absolutely no reason to ever call for the citizens of Colorado to need to call this forward. It's just a way to make sure that they, to help them understand, to have a little bit of confidence that this is not the purpose of the bill. So when somebody says you can't, that this is contrary to the purpose of the bill, it makes me a little bit nervous about what the purpose of the bill is. Again, this just clarifies that these regulations under the bill cannot be, it doesn't say that they are interpreted to authorize this. It just says that they cannot be interpreted to authorize unconstitutional takings. That's all it said. You cannot use this bill to justify unconstitutional takings. So it makes me a little bit nervous if you can't incorporate an amendment such as that into a bill.
Seeing no further discussion, the question before us is the passage of L14. All those in favor, please say aye. Aye. All those opposed, please say no. No. L14 is lost to the bill.
Representative DeGraff. Okay, I'm glad we're getting some clarification out about the bill. I was wondering where this goes, but now I'm a little bit nervous about the bill and what its intents are in becoming more restrictive and possibly using it to justify unconstitutional taking. So I'm hoping that one thing that we can do, because we are talking about fees, And that's on page 5 after line 14 is 2. After line 14 so I move L015 to House Bill 1112
Okay, L-15 is displayed. Representative DeGrasse. Thank you, Madam Chair. This just says the fees shall not be used to generate general revenue.
If we're going to raise fees, if we're going to rake in fees to fund a program, this just says those fees should be used for this program. That's all. That's another phrase that should just, amendment that should just go into the bill, shouldn't even need to be said, should just go without saying. But sometimes those things that should go without saying, they actually need to be said, and that's one of them, as we've seen in the budgetary process, where we bring in money for one thing and then we rake it into another fund. So I'm already disappointed on the bill overall. I was hopeful that it would be more to streamline the process instead of adding more layers of regulation. But right now, if we're going to be taking funds that ultimately are paid for by citizens because of the increased cost, that those funds actually go towards what this bill says it's going to. I ask for an aye vote.
Seeing no further discussion, the question before us is the passage of L15. All those in favor, please say aye. All those opposed, please say no. L15 is lost to the bill.
Representative DeGraff. Thank you, Madam Chair. All right, that makes me a little more nervous. We have fees that can go to other things. We have increased in regulation, and we have kind of a de facto endorsement of potential taking of property or the ability to interpret these regulations for unconstitutional taking of property, which is unfortunate because from a purely structural standpoint, standpoint, the state taking primacy over UIC wells could actually be economically valuable for Colorado. It could mean faster project timelines, localized technical expertise, more predictable investment, climate, all those things that Colorado typically stands against these days. Better integration with geothermal, hydrogen, mining, and carbon infrastructure, and less dependent on EPA Region 8 backlog, which we heard about in committee is very significant. States with mature primacy programs have often become more attractive to industrial investment because permitting decisions are closer to the geology, the operators, and the local economy. That's what this bill should be focused on. The bill should be focused on those items and then with the assurance to the citizens of Colorado that the fees won't be used for pet projects, that the regulation won't be just used to enforce more superstitions and that the property seizure option won't be an allowable interpretation. The risk to Colorado is not merely to administrator federal standards but to add state only climate conditions. Create cumulative impact reviews, complete discretionary ESG style permitting, expand intervention or effectively slow-walk politically disfavored projects because that's the Colorado way. That could turn what could have been localized ...efficient permitting into a second layer of activist-oriented review with federal backing. The irony is that the same authority structure that could make Colorado into a leader in geothermal, advanced drilling, subsurface energy storage, hydrogen infrastructure, and carbon management could also be used to make those same projects economically non-viable if regulators become over-ideological, which is their starting point. So the bill's real value depends less on statutory language and more on guardrails, timelines, objective permitting criteria. Those are the things that we're just trying to add on with the very simple amendments. Simple amendments that if the fees aren't going to be raked into other pots of money, that would be no problem. If the language of the bill is not intended to be used for the justification of seizure of property, that should have been an easy amendment. If the bill was not intended to add layers of regulatory bureaucracy, that should have been an easy amendment. So I appreciate the clarification. I'll now be a no.
Is there any further discussion? Seeing none, the question before us is the passage of House Bill 11-12. All those in favor, please say aye. All those opposed, please say no. House Bill 11-12 is passed. Mr. Schiebel, please read the title to Senate Bill 187.
Senate Bill 187 by Senators Maulbe and Bridges, also Representatives Brown and Taggart, concerning the creation of a commission to study Medicaid and in connection therewith making an appropriation. Representative Brown.
Thank you, Madam Chair. I move Senate Bill 187. To the bill, Representative Brown.
Thank you. Madam Chair, this bill creates a commission made up of 10 legislators to study Medicaid over the next several months. I think we all know that Medicaid is growing unsustainably, and we have different structures that administer benefits to people. This bill will make sure that we are hearing not only from the community in a really productive way, but we are also having conversations about what the right structures are that are in place to be the most efficient and effective way to administer programs in our state. And we'd ask for an aye vote.
Is there any discussion? Representative Taggart. Thank you, Madam Chair. It's an honor to serve with you.
It's an honor to serve with you. I'd just like to say a couple of things to my caucus in the sense that it has been raised several times about the potential of misuse, abuse, and I won't use the third word as it relates to this critical area. This is an opportunity for us over the next six months to bring experts in, at least on a monthly basis. people that know where the problems are because they're on, they're in the field, whether they're hospital presidents, whether they're individuals from RAISE, whether they individuals and providers they bring an expertise that we need to draw upon and we have this unique opportunity right now with a change in leadership We have a unique opportunity to get as much information as we can to help make this program as efficient as we possibly can, given the fact that it's already over a third of our budget. And I would ask you to give your support to this because I think it is a very, very worthy cause.
Representative Brown. Thank you, Madam Chair. I move L-003 to Senate Bill 187 and ask it to be properly displayed.
To the amendment, Representative Brown.
Thank you, Madam Chair. This is just a cleanup amendment. The Senate added some language about the report that the task force and the facilitator will create from this commission, and this just clarifies sort of the role of that report at the end of the work this interim.
Is there any further discussion? Seeing none, the question before us is the passage of Amendment L3. All those in favor, please say aye. Aye. All those opposed, please say no. L3 is passed. To the bill, Representative Soper. Thank you, Madam Chair, and it's an honor to serve with you.
It's an honor to serve with you. Members, I wanted to come down here and explain why it was a no vote on appropriations just a few hours ago on this bill. And it's not for lack of tremendous respect for the two sponsors of this bill here in the House. And it's not for the fact that we have a major problem with Medicaid. Anytime you have an area of the budget that increases by 12% or more a year, it's a third of our budget. We definitely know from recent news articles and even internal audits that there is a lot of waste.
There's a lot of reform that's ripe to happen. But we just cut close to a billion, over a billion from our budget. We asked many to take it on the chin. we cut the year-round committees, for example, the year-round water committee, and yet this year is the worst drought in the 150 years of our state. That's also another epic problem that we have and one that I hear about every single day from my constituents is what are you doing about the drought? What is the legislature doing to study what needs to be done next? because there are things we can do. And the response I have to tell them is, oh, well, we decided as the legislature it'd be a good time to cut the one committee that could look at the drought response in the worst drought ever, all for budgetary reasons. Here, in this bill, we're appropriating half a million dollars, $500,000. for someone to help staff, schedule, convene, research. And yet we were told in committee that any legislator can convene a group of legislators to study any topic they want to do. And knowing that our Joint Budget Committee meets year-round, perhaps it would be good for them to dive into the Medicaid issue a little bit deeper without a $500,000 appropriation. They could add bonus members, which is what this seeks to do. So our six JBC members, then there's the four bonus members that are added on. They can add on and study that. The other concern I have with this direction is we were also told in committee that we'd be seeking input from our hospital executives, our insurance executives, those who have expertise maybe from within the department, others from think tanks, and that they would all provide testimony to the different committee meetings that are held of the Medicaid Commission. The problem that I see with that is you really want to have certain experts already on the commission. That's something we did when we established a cell phone connectivity interim committee. We had both legislators and industry and government officials on that committee, and we studied why it is that we have certain gaps in cell phone connectivity. And it was really, really, really helpful to have those experts also on the committee. Well, this is only legislators, and they're going to take testimony, and I assume those experts will also be talking to the person who's getting paid all this money to help write the report at the end of the day. but surely Hickpuff cares about reforming Medicaid and at least not having it rise by so much per year and some of the waste, fraud and abuse that's going on that they would help with staffing for example we shouldn't be looking at the cost that this drives when we have JBC staff, we have HICPF staff, we have government officials that are already being paid that we could succumb for just a few meetings to help put together a report back to the General Assembly. And that's the main reason why I'm against this bill. I'm not against forming a commission. I'm not against looking at the problems that we have with Medicaid because we have a lot of problems. And it's actually far too long since we've delved into this. But spending $500,000 here when we've told every other problem within the state, do it yourself, tough it up, find experts, convene your own meetings, many people will be proud to get together to talk about how to reform Medicaid. It's that type of an issue that just drives everyone to come together. So I would certainly ask the sponsors to consider stripping the half million off and doing it within current staff resources between both the JBC staff and HICPF staff Thank you Is there any further discussion Representative Bradley Thank you Assistant Majority Leader Speaker
all the things. Happy Saturday. I do think that we need to get a handle on this. I appreciate the bill sponsors coming forward with some sort of a fix. I sit in front of the representative from Jefferson County who worked with HICPF, who has great knowledge on this, who I think could put this report together, facilitate this, and wrap it up with a pretty little bow and not charge the state $415,000. And we all have several pet projects that we had that did not cost nearly this amount of money. $415,000 for a contractor is insanity when we have a wealth of knowledge sitting right here in this room. We have a representative from Jefferson County that has written policy beautifully and is on the opposite end of the aisle for me. But we talk and we talk and we talk about what happens in here. And although I'm against mandates, she comes up with some really good, she's not even in here to listen to me brag about her, some really great ideas. We have someone that has sat on the hospital board from rural Colorado to bring amazing perspective that, again, $28,000 for legislator costs when the people of Colorado are busting at the seams. And I get that you would say, well, this committee will then hopefully bring down the cost of fraud and try to save us money. But $415,000 for a contractor for 0.5 FTE, you guys, not on the Saturday before the end of session. No. We cannot expect the taxpayers for us to go back to them and say that, yes, I think having a commission, yes, but let's use what we have in this room. Let's use a health care practitioner that's been in the field for 26 years that accepts Medicaid. Let's use someone that's sat on the hospital board for how many years? Six years. let's use somebody someone else from Grand Junction that has sat on the hospital board for four years someone that has worked for HickPuff we've got expertise in this building they won't charge four hundred thousand dollars we are in a fiscal crisis let's lead by example let's show the people of Colorado we're gonna pull it all together and that we can all be the adults in the room and we can all sit down why does it have to be ten why can't it be five Republicans and five Democrats? Why can't it be two from the hospital board in rural Colorado and a health care practitioner from Douglas County? Why does it have to be a $415,000 paid contractor? Why can't it be the good representative from Jefferson County? We're all in this. A contractor isn't in this. A contractor isn't seeing what is going on here. We're in this. We're working in hot temperatures without paid breaks. We're all in this. And what better people to represent this group than the people that are representing our districts? Who better to do this? And I just want to make sure, because in the fiscal note, and I think the good representative from Grand Junction will respond to me on this one, It says reviewing the state's program And it talks about H.R.1. Are we going to talk about the misuse of ARPA funds? Are we going to talk about how the disenrollment was the worst that we've seen in the United States? Are we going to talk about the policies of growing an entitlement program in the state? Medicaid was set up to enroll certain people, the disability community, the elderly poor. and we decided in the state to fund policies and throw a hammock out and blanket the state to include able-bodied people. And with that, we have grown Medicaid unsustainably. So I want to know that we're just not going to look at the impacts of the federal government, but we're going to literally look ourselves in the mirror and see what we have done in this state to grow Medicaid unsustainably at 8.8%, three times the rate of inflation and look ourselves in the mirror and have those hard conversations about what we have done regarding state policy and how we continue to enroll people that were never intended to be on Medicaid and how that's impacting the IDD community. So I want to know that that's what this commission is set up to do and I would like to know why we can't internalize this for the people that care the most about the Coloradans and why can't we use the expertise in this room? Those are the
questions I would like to have answered. Thank you. Representative Sirota.
Thank you, Madam Chair. Respectfully, we are using the expertise of the people in this room, but what we are challenged by is a multi-billion dollar budget. But HECPF taking up a third, is that me? Are you sure? Okay. It's a third of our budget, Medicaid. This is the responsible thing for us to do. I think everybody in this room was challenged to vote for the budget that we had to pass this year and the supplementals that we had to deal with earlier in the year. because what happened was HR1 passed in July, and we immediately had to deal with another billion-dollar loss. That necessitated immediate cuts to Medicaid. And so what happened was the governor had to issue an executive order. That made a number of reductions in our Medicaid program, and it was done because it had to be done. But there wasn't opportunity for us to dig deep, to say, okay, yes, we have explored this, we have examined this, and yes, this is where we should make this cut, this is where we should make that cut. We did our best when we were presented with the supplementals, and our analysts did their best. But this offers us the opportunity because we did not solve the problem. So more cuts are coming next year. And I think, I know that this is actually something that stakeholders are asking for. Disability advocates are asking for this process, for us to be able to have an open and more deliberate and lengthy conversation about how our system works and how can we improve upon it. And so it's possible that the entire appropriation won't be needed and that we can revert funds. And I hope that the members know that we have we do work very hard to be fiscally responsible And if the entire appropriation isn needed it will revert We not going to waste people money But the funds are there to be able to provide additional support and research that we actually don't have the expertise or capacity to do. And I think people would prefer to be able to have a third party than to be able to trust exactly what it is the department is saying. the department will play a role. The department has the data and information necessary, but also it will be useful to have a facilitator to be able to manage this process to help produce a report that is not written by the department, but it is a compilation of the work that we can all do together. And so I think that this is a crucial, crucial piece of legislation. I really do empathize with those who have other really, really important issues that they were looking forward to exploring and examining this year with a task force or with an interim committee. And it's not that I don't think water is important. Water is life. It is crucially important. But what we are trying to do is ensure that when we have to come back and present the General Assembly with millions and millions more dollars in cuts, if there are reorganizations to be had within the departments and state government in the way that we manage health care, that we actually can present a report and a process that happened transparently, openly with legislators and impacted folks, and that people can feel better about the decisions that are being made. They can see the conversations that went into it, the research that was provided, and that if we have to make all of these difficult decisions, that we were able to do so after a better, more comprehensive process. So I ask for your yes vote, and I encourage everyone's participation and engagement, but we still do need the external support to ensure that we have a really strong work product.
Representative Taggart.
Thank you, Madam Chair. I read a business book many years ago. I can't remember which, whether it was written by Michael Porter or another author, who basically said, if it isn't broke, break it. We have a very unique opportunity right now. We are in a transition of leadership within HICFA. It is a time to get as much input from stakeholders as we possibly can to make our overall Medicaid policies and programs as efficient as we possibly can. One of the things that you learn when you're on the JBC and you're analyzing this budget is that there is a great deal of expertise in our hospitals, in our physicians in our clinics in our providers as a whole in our regional groups our Rays and this is the opportunity to get their input on what we can do to put Medicaid on a sustainable path And we have that opportunity because of the fact we're in transition of leadership. Please, you have all brought to our attention concerns about various programs, various codes, various misuse or abuse. allow us to get all of that information all together and do the best we can for this very critical program. I know there's a fiscal note on this of a half a million dollars. My colleagues may strangle me, but I don't think we're going to spend a half a million dollars. but we were conservative in a placeholder to put that there. You have my assurance we're going to run this as efficiently as we possibly can, but we have to bend this curve in Medicaid, and we have to get to the people that truly are the boots on the ground that make this program work because they know where we can be more efficient. And if you don't believe that, take a look at my emails because the amount of input we get is, Rick, we could be doing this. We could be doing this. We could be doing that. Let us do that on your behalf. Please let us do that because we are not on a sustainable path and we need to get there. Thank you.
Representative Bradley. Thank you, Assistant Majority Leader. And thank you to my colleague from Grand Junction for actually listening and answering questions. That's what we do up here. I appreciate that. I would like to understand, though, Medicaid was intended for three things. And Colorado has expanded it to cover low-income adults, home and community-based services, which is for the disability community, long-term care and nursing home coverage, behavioral health and substance abuse treatment expansion, disability support services, reentry health care for people leaving incarceration, expanded continuous eligibility policies for some groups. My question, when we have been in a fiscal crisis, $1.5 billion in debt, when we're telling everyone some people had $16,000 pet projects with a fiscal note, not making it out of appropriations, it's made some people mad, How do we justify a $415,000 price tag when we could just sit at the table with the expertise that we have in this room? How do we justify a $415,000 price tag when we can start diving into it? My problem is this. We go to Smart Act hearings, and the departments come, and they don't even answer our questions. They don't even come answering our questions about fraud and abuse. so why do we bring another contractor into the scene when maybe the 10 legislators just start first before we attach a $500,000 fiscal note so why don't we dive in sift out what's going on we have a 285 million dollar federal audit that we know about we have a 77 million dollar ABA fraud audit that we know about we have a 25 million dollar ride share audit that we know about We have a million ABA fraud audit that we know about We have a million ride share audit that we know about and a wheelchair audit Well we don even have an audit We don even know how much that is going to cost or has costed our state So my question, when we're in a fiscal crisis and we're asking Coloradans to tighten their belts, why do we add at the end of session a $500,000 note instead of 10 legislators sitting down at the table and then trying to figure out where we go first and foremost? That's my question.
Representative Taggart. So let me start by saying we all know this is a $16 billion program in total when we consider the federal government and we consider other cash funds and we consider the general fund. we also know that it's on an unsustainable path. We took what would have been an 11% increase this year, and we cut that pretty close to in half. But if we're going to get this to somewhere around the rate of inflation, we need to bring a lot of brains around the table that understand this because they implement these programs on a daily basis. We need their expertise. And please understand that as well, when you have so many differing point of views, having that facilitator that individual that can keep us guided in the right direction is really important I mean I could have said this when I was running my business that I would never ever use a facilitator but I did several times on very key strategies because I knew the brilliance of my team and I knew the brilliance of my customers, but I also knew there was going to be a lot of disagreement. And facilitators are very good at getting all of that information in and keeping people focused on what we're setting out to do is to make a more efficient Medicaid. Because we are going to disagree. So, as I said, I don't know in the end if it's going to require $400,000, $500,000, $300,000, but for goodness sakes, a very, very good facilitator, plus bringing all these people to us, has a cost. And is it at... Guys, I want to see my wife. Tomorrow is Mother's Day, and here I am, 250 miles away. Please, we're trying to do the right thing for all of you to make this as efficient as possible. We have got to get this on a sustainable path. And what we did this year, I don't know if my colleagues would back me up, were one-time issues or one-time cuts. and in many cases you guys didn't like them. Give us a chance to really dig in and get this right. Thank you.
Is there any further discussion on the bill? Representative Luck.
Thank you, Madam Chair. So, there was testimony given just this morning. Actually, I have a transcript of it. and this particular testimony points to to fraud waste abuse all of those pieces that because of the press and because of conversations that are being had in this building and just generally out in the world is well known by by constituents and i i just want to put on the record that i have concerns about the fact that the commission is not specifically directed as part of its task to look at questions of fraud, waste, and abuse. It's not language in here. There is language related to identifying points of friction, opportunities for efficiencies, which I guess you could have, that could be a very large cover for it. But when my constituents look at this, it makes it a lot easier to justify the expenditure by saying, look, we expend a little bit now in order to possibly create a system later that is much more efficient and cost-effective. But that language isn't something that is pointed to in here or that could be easily pointed to in here, and I find that to be problematic. I also want to note that in the, again, the commission's asks or tasks, It says that they should solicit and consider input from, and then it lays out Medicaid members, disability members, disability advocates, health care providers, and community-based organizations. What seems to be lacking there is the payer of the services, i.e., the average citizen. And I find it disconcerting that the commission is not explicitly authorized to take just general public testimony related to these questions, because the general public does have, maybe not in large numbers, that is willing to come and present to the commission, but there are members, like the one who testified today that I have a transcript from, there are members of our general public who want to speak into this conversation, who have ideas, who have insights. who have information. And so I do find it disconcerting that we're leaving out a huge swath of inputters and only focusing in on the ones who either receive or provide the service, but not the ones who pay for it. For the record, a couple of the things that were brought out in committee this morning, just for those who weren't in, the cost of Medicaid in Colorado has grown rapidly. This is again the testimony that was given, driven by 115% increase in behavioral health care costs and an 82% increase in specialty drug costs since 2018 and 2019. An investigator's audit turned up an estimated $77.8 million in improper payments. Between 2018 and 2024 Medicaid enrollment rose by 7 while HICPF total employment rose by 72 and spending by the Executive Director Office rose by 101 Let restate that for emphasis Medicaid enrollment rose by 7.6%. In the same time period, HICPAF's total FTE employment rose by 72%, 6.772. That's quite a disparity. And spending by the Executive Director's Office rose by 101%. Between 2015 and 2025, HICPA spending grew by 101%, from $8 billion to $16 billion, while the rest of the state budget grew by just 64%. HICPA faced criticism for its management of Medicaid eligibility redeterminations after pandemic-related protections expired in 2023. So our Medicaid coverage problem wasn't made by HR1 cuts. It started with bad legislative policy and over-enrollment during COVID. 48% of these redeterminations resulted in disenrollments. It's nearly half resulted in disenrollments in Colorado, while the national average was 31%, roughly a third, half to a third, which took Medicaid coverage in Colorado, fell from an all-time high down to its nearly 2015 level. I just wanted to put those few things that were mentioned in committee on the record. Representative Soper.
Thank you, Madam Chair. Members, I wanted to lie on the record. A member who used to sit right here, who's a good personal friend of both myself and the good representative from Grand Junction, had a saying, and that was, Medicaid is the Pac-Man in the budget. It's essentially eating all the other line items within the budget. When he made that famous statement that was quoted in the media, that was the late 90s. And Medicaid, guess what, is still the Pac-Man in the budget. And for our Gen Z members, Pac-Man was a video game, and we didn't tax it. But members, considering the fact that Medicaid has been this problem for 30 years or more within our state, I mean, it's still the fastest-growing area of our budget. When H.R. 1 takes effect fully in 27 and 28, we will see forced reform that has an impact on Colorado. The work requirements and six months coming off Medicaid, whether we like it or not, that will have a real cost savings for our state. That may be the tough love from Washington that was sent down our way. And perhaps if we hadn't have done Medicaid expansion, it wouldn't be so painful for us now. This is entirely appropriate to study. Having a commission, I believe, is important. But I agree with my colleague from Douglas County that for a facilitator is kind of mind And yet I also find myself agreeing with my colleague from Grand Junction that yes having led organizations I have also brought in facilitators And yet, with our hospital, I can tell you that when we were at our worst financial time, when we were negative days cash on hand, we managed to convince someone to help be our facilitator who didn't charge us anything. He saw the value in the help of the community, and he was from a neighboring community. So realizing just how we have to think about these things when we're in the type of crisis that we're in right now, There are other creative ways, such as learning a lesson from the legal community, maybe offering a percent of whatever cost savings is found or realized not to exceed a certain amount could also go into whoever your contractor is. But we need to find some real cost savings and also not be spending this type of taxpayer dollars. So it's challenging for me to be able to go back home and to talk to my constituents about the types of money that we're spending, especially considering the fact that I represent one of the poorest districts in our state. And for those reasons, that's why I will continue to be a no vote.
Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 187. All those in favor say aye.
Aye.
Those opposed, no.
No.
The ayes have it. Senate Bill 187 passes.
Mr. Schiebel, please read the title of Senate Bill 193. Senate Bill 193 by Senators Moblin and Kirkmeyer, also at Representatives Brown and Tigert, concerning local ordinances' impacts on state employees.
Brett Brown. Thank you, Madam Chair. I move Senate Bill 193 and the Appropriations Committee report.
To the Appropriations Report.
Thank you, Madam Chair. In the Appropriations Committee, we added an amendment that clarifies exactly which state employees this bill applies to, and we would ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of the Appropriations Report.
All those in favor say aye.
Aye.
Those opposed, no.
The ayes have it. The Appropriations Report passes. To the bill, Rhett Brown.
Thank you, Madam Chair. Senate Bill 193 clarifies how local ordinances apply to state government operations and state employees. The bill ensures that the state is not treated as a local employer for purposes of the local minimum wage, and it exempts the state from local occupational and business privilege taxes. You know, this is a necessary bill that we need to run in order to clarify some ambiguity in state law. I think it has always been the interpretation of the state that this is the way the law was written, but this allows us to make sure that that is crystal clear in the law. I will also say that because of this bill, as well as other documents with our state employees union, our state employees who do work at or near the minimum wage will receive about a $3 per hour increase. So we believe this bill will be raising votes across the state for state workers and we ask for an aye vote Rep Camacho Oh, Rep Taggart.
Thank you, Madam Chair.
I reached my quota of speaking on the last bill, so I'm going to acquiesce to my colleague here. Rep Camacho.
Thank you, Madam Chair.
I appreciate all the hard work our JBC team has done to push this forward, but I just have one simple amendment I'd like to add. I'll go ahead and move the amendment. Madam Chair, I move amendment L2 to Senate Bill 193.
And ask that it be properly displayed?
Yes, that as well.
One moment. L2 is properly displayed. Rep. Camacho.
Thank you, Madam Chair. This amendment strikes language in the bill that exempts the state from local occupational taxes. Occupational taxes are critical for local governments because they provide a stable, consistent revenue stream to fund essential community services like public safety, infrastructure, and parks. This state exemption limits the tools local governments have to pay for the critical services they provide their residents and those who commute into work in their jurisdictions. Specifically for Denver, the community that I represent, the state exemption would result in $1.8 million cut.
That funding is critical in ensuring those who utilize the city infrastructure during the workday contribute to its work upkeep, including public safety, roads, sidewalk, street sweeping, and more. This cut, if this amendment isn't taken, will result in layoffs at a time when the city has already experienced serious financial distress. So for that, I ask for a yes vote. Rep. Gonzalez.
Thank you, Madam Chair. And yeah, I will just echo the comments that my colleague just said. We had some concerns from local municipalities, so all we're just doing, we did talk with the sponsors about this, so I think they're okay with it, but they will go ahead and test for themselves. Again, we just want to make sure we protect local governments. That's important, and they're funding, so we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L2. All those in favor say aye. Aye. Those opposed, no. The ayes have it. L2 passes. Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 193 as amended. All those in favor say aye. Aye. Those opposed, no. The ayes have it. Senate Bill 193 passes. Madam Majority Leader. Oh, Mr. Schiebel, please read the title of Senate Bill 15.
Senate Bill 15 by Senators Pelton, B. and Roberts, also Representatives Durant and Caldwell, concerning offenses involving commercial sexual activity with a child.
Madam Majority Leader.
Thank you, Madam Chair. I move Senate Bill 15 and the Judiciary Report. To the Judiciary Report. In Judiciary, we ran one amendment that did two things. One, to ensure that if someone is sentenced to probation for solicitation of a child for commercial sexual activity, they receive sex offender intensive supervision probation. We are realigning with current law. Secondly, the probation statute typically only allows up to 90 days in jail as a condition of prohibition for felonies. The Senate amendments required a mandatory minimum of 364 days in jail as a condition. This amendment adds language that the typical 90-day limit does not apply when someone is being sentenced for soliciting a child for commercial sexual activity. We receive feedback from my colleagues and community and we have been working tirelessly to stay cold and try to address their feedback These amendments we are about to run reflect the extent stakeholder work that has gone into this bill. We have spent significant time at the table with advocates, survivors, attorneys, counties, and human trafficking organizations to ensure Senate Bill 15 is thoughtful, balanced, and centered in protecting victims while holding traffickers and exploiters accountable. With that, I move L015 and ask that it be properly displayed.
One moment. L-15 is properly displayed.
Madam Majority Leader. Thank you, Madam Chair. I move amendment L-16, which amends L-15 and asks that it be properly displayed.
One moment. L-16 is properly displayed. Majority Leader Duran.
Thank you, Madam Chair. At its core, Senate Bill 15 is about protecting child victims of human trafficking and ensuring stronger accountability for those who exploit them. At the same time, we recognize that trafficking victims can also become involved in a criminal justice system as a result of the coercion, intimidation, threats, and trauma inflicted by traffickers. This amendment encourages courts, when charging and sentencing, to take those circumstances into account when the accused is themselves a victim of human trafficking. And I ask for a yes vote.
Is there any further? Minority Leader Caldwell.
Thank you, Madam Chair. And I certainly encourage an aye vote on this as well. It was a great committee discussion and a lot of feedback. And ultimately it was unanimous, but the word from myself and the majority leader with members on the committee were that we were going to continue working on this and trying to address the concerns as they saw them. And that's what these amendments came from. They came from that feedback that we got and the continued stakeholdering of it. I believe you may hear from one of those committee members yourself here in a second.
Rep. Espinoza.
Thank you, Madam Chair. I did just want to come and say that I give my great gratitude to the sponsors of this bill and to the advocates who listened to our comments and communications and were able to help us come to a conclusion that allows us to support the underlying provisions that were brought forward by this bill because no one on the committee, no one in this area believes that this is not an area that we need to regulate and we need to regulate strongly with criminal sanctions that are appropriate to the horrific nature of the abuses that the victims face. So I really appreciated the willingness of the sponsors to hear the legal technicalities of the nerds of the Judiciary Committee and understand where we are coming from in terms of not breaking the system by creating a carve-out that is unique but also recognizing the unique nature of these crimes. So we're very pleased. I'm very pleased with both the amendment to the amendment, but the underlying amendment was my request, and I want to thank the sponsors and encourage everybody to say aye.
Is there any further discussion? Seeing none, the question before us is the passage of L16, which amends L15. All those in favor say aye. Aye. Those opposed, no. The ayes have it. L16 passes. To L15, is there a majority leader, Duran?
Thank you, Madam Chair. Now we are back to L15. L15 moves language that encourages judges to sentence to DOC when an individual is convicted of solicitation of sex from a minor from the body of the bill to the legislative declaration of the bill which was the original intent of the language when added in the Senate And I ask for a yes vote Is there any further discussion Seeing none the question before us is passage of L15 as amended
All those in favor say aye. Those opposed no. The ayes have it. L15 as amended passes. To the Judiciary Report. Is there any further discussion? Seeing none, the question before us is the passage of the Judiciary Report as amended. All those in favor say aye. Those opposed no. The ayes have it. The Judiciary Report as amended passes.
to the bill. Minority Leader Caldwell. Thank you, Madam Chair. I move Senate Bill 26-015. To the bill. Thank you, Madam Chair. Members, I'm very honored to be on this bill with the majority leader and to work over the last several months with the victim advocates and victims themselves. I think Colorado does get some things right on the trafficking side of it, But what this bill is about is the supply and demand. And what we're looking at is the demand side. And the realization is that the reason these traffickers are exploiting children the way they are is because there is a demand to it. And what we feel like is that those buyers, is what they are, need to be held accountable and more stringently held accountable. So what Senate Bill 15 does is it updates terminology regarding child prostitution crimes, mandates Department of Corrections sentences for these crimes, and adds elements to the crimes of soliciting commercial sexual activity with a child and increases the classification for Internet luring of a child if involving commercial sexual activity with a child. It also replaces the term child prostitution with commercial sexual activity with a child across various crimes. And for soliciting for commercial sexual activity with a child, the bill requires incarceration for 364 days in jail when a person is sentenced to probation. The bill adds the element of knowing solicitation of a child to the crime of soliciting commercial sexual activity. And finally, the bill creates a new Class III felony for the crime of internet luring of a child if the intent of the luring is for the purpose of engaging in commercial sexual activity. Members, for those who sat in on judiciary on this, this was a hard one to listen to where we had survivors and advocates come and tell their personal stories. And I just want to say again that I'm very thankful to Judiciary for hearing it out and asking a lot of questions and having a lot of robust debate around the technicalities of this. And I'm very honored to be on this, and I really appreciate the Majority Leader and certainly urge an aye vote on this.
Majority Leader Duran. Thank you, Madam Chair. I would just add, very grateful for all the hard work, the collaboration that our advocates had, conversations, Minority Leader. Thank you so much for your leadership in this. It's a great, important bill. Honored to be on it, and I would ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of Senate Bill 15. All those in favor say aye. Aye. Those opposed, no. The ayes have it. Senate Bill 15 passes. The committee will go into a brief recess. Thank you Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Thank you Thank you. The committee will come back to order. I gotta focus. Mr. Schiebel, please read the title to House Bill 1326.
House Bill 1326 by Representatives Duran and Wilford, also Senators Rodriguez and Cutter. Concerning the continuation of the Public Utilities Commission and the connection therewith, implementing recommendations in the 2025 sunset report by the Department of Regulatory Agencies.
Madam Majority Leader.
Thank you, Madam Chair. I move House Bill 1326 and the Energy and Environment Finance and Appropriations Committee report. To the Appropriations Committee report. In Appropriations, we had a J Amendment for continuation and Department of Law costs. And I ask for a yes vote.
Is there any discussion on the Appropriations Committee report? Seeing none, the question before us is its passage. All those in favor, please say aye. Aye. All those opposed, please say no. Too late. I asked the question. The Appropriations Committee report passes.
To the Finance Committee report, Madam Majority Leader. Thank you, Madam Chair. In finance, we ran three amendments to simplify citing appeals, removing duplicity with House Bill 1043 and exempt TNCs that serve school districts from requirements around facial recognition software usage to verify driver identities, as they already have extra layers of regulations around how they operate, and to increase the annual TNC permit fee by $50,000. And with that, I move L034 and ask for it to be properly displayed.
Okay, the amendment is displayed.
Madam Majority Leader. Thank you, Madam Chair. L-034 amends the Finance Committee report so that the after-mentioned budgetary changes can be made here on the floor. We have a slew of amendments coming, but those are to the bill, so we ask you to hang with us as we work through them all. You all have a description sheet on your desk of the amendments, and we encourage you to look at them. We ask for a yes vote.
Okay, the question before us is the passage of L34. All those in favor, please say aye. Aye. All those opposed, please say no. L34 is passed to the committee report. Hold on, hold on, hold on, sorry. There we go.
Representative Richardson. Go ahead sorry I just going to leave my stuff Go ahead Sorry I don have a lot of room That's okay. I'll just... Thank you, Madam Chair. I move L017 to the Finance Committee report and ask that it be displayed. Okay, it is displayed, members, this is a multi-page amendment.
Representative Richardson.
Thank you, Madam Chair. This, as stated, was a multi-page amendment that was distributed on May 1st, so I know you've all had a chance to page through it, but it provides this chamber with actually an opportunity to perhaps right or wrong and bring our regulatory structure in line with our federal and state constitutions, which is always a good thing. So this amendment, if adopted, would align the authorities of the PUC with that of, as I said, our state and federal constitution as well as recent court findings. You know, we are all pretty much familiar that the federal constitution does have protections against takings. Our state constitution, I think it was mentioned in an earlier amendment to another bill in Section 15 of Article 2, talks about the takings of property and that they should only be done for public use. And our state constitution specifically states that a judicial determination of public use is required. Currently, the way our rules are set, BUC regulated utilities, when they get a certificate of convenience and necessity is the actual term, when that is received by an investor owned publicly regulated utility, they then have the authority to exercise eminent domain. And that really kind of puts the cart before the horse. We're facing a situation now, and I'm going to use a particular project on the Eastern Plains, power transmission project that began back in about the year 2020 with the certificate of public convenience and necessity being issued in 22 that would help transmit power from various sources across the eastern plains, multiple counties, and bring power to the city. probably something that is needed and certainly that would be convenient for the public that lives in the cities. But it really highlighted a problem. So, again, in 2022, an entity that we're all familiar with, that rhymes with the name of a famous spreadsheet we also use regularly, was granted the authority to initiate eminent domain Prior to that they started looking across the map at where they would like these power lines to run Pretty familiar with it because I started getting calls almost immediately from citizens of Elbert County while I was a county commissioner. They were being contacted and told that they were on the route of a power line and their property was desired along this route and they should make a deal with this utility. Otherwise, it would just be taken in the courts. It was an almost immediate threat that condemnation would be used, that the power of eminent domain would be used and their property would be taken whether they were interested in providing it or not. I would say fast forward, but actually slowly forward, to the fall of 2025, three years later, that utility finally made an application to the county commissioners for the route across the county for their land use portion of their application. So that hearing wasn't held until last summer, early last summer. so in june july a county commission was being asked to decide whether this routing across the county of elbert was appropriate almost simultaneously commissioners in el paso were also considering a very similar application but in the case of elbert county there are about 52 properties that were being crossed by this power line, or that was the desire of the corporation that was making the application, was to cross 52 properties in one small county just to have this line transit essentially north to south. Many of these properties were five acres. The right-of-way they were requesting was 150 feet wide. So if you're not familiar with acreage of about that size, but something of that size, five acres is about 660 by 330 feet. So depending on how the transit was made, almost half the property could be consumed by this right-of-way. So there were quite a few people that were not happy that there was a desire to have their property crossed. When the actual hearing before the county commissioners took place, 18 of the properties had already had condemnation proceedings initiated against them in the courts. So prior to even having a route approved, this corporation was using the powers that had been granted to them to condemn property. now in this case and in the case in el paso the county commissioners denied the applications the route was not approved in the case of elbert county they did not feel that the application was complete it was specifically regarding several safety considerations that had not been fully coordinated so now we have a point where people's property has been taken for a public project, but the route of that project was denied. So what in essence had happened was an actual, a speculative taking was going on. This utility had initiated a court process to take people's property rights for property that they had been denied the use of when they made application to the county. Now, when that happened, those landowners who had already been pushing back against this condemnation process all filed to either have the cases dismissed or at least stayed until a final determination was made, which makes sense. I mean, why would the courts proceed to take somebody's property if there was no defined and approved public use for it? As that kind of worked through, the district court did rule that, in fact, based on their constitutional authority, as the sole authority that can determine that something is actually public use, that they needed to have a route approved so they could have something to rely on to determine that there was an actual public use of this land. So everything was stayed. The denial was appealed to the PUC. The PUC did side with the utility, which you would think would end this and restart the condemnation process, but it did not because the county has appealed and the chances are that this is going to go back and forth very likely up to the supreme court the non-prevailing side is going to keep appealing until there's a final decision and this can drag on for years but while this drags on for years we've got citizens whose property is really you know kind of up in the air they do not know what's going to go on in the final situation, but they're dealing with it every single day. And there is a true impact to the citizens of our county. We may feel, we may believe that eventually everybody loses once condemnation starts, that the property owner generally is kind of on the short end of the stick. A value is determined. They're paid off. and the entity that wants their property gets it. And that's probably what will happen. But the impact, as I said, are real. In three cases here in my own county, we have one widow who attributes the stroke and eventual death of her husband to the shock of opening a letter from this energy company saying that their property was on their intended route and if they did not make a deal, they would condemn their property. We had a gentleman that relocated his home and business out of fear of losing his land. He sold his property during a very tough real estate market, lost about a half a million dollars, moving to a location where he felt he would have some peace and be able to continue what he wanted to do. As a result, he's put off his retirement by probably a decade. And finally, and these are just a selection, we have another property owner, somebody who is fighting cancer, that has made the decision not to invest in treating her cancer, but in trying to save her property to pass it on to her children. And now we've got years to go before a final determination is made on this. So all of that truly was unnecessary except for the fact that we have rules that allow the PUC to grant condemnation authority way too early in the process And the utilities are using that authority as a cudgel against our citizens to drive them into making deals. We have a system in place where, theoretically, a utility can use the authorities of eminent domain to take all the property along a route that they want to follow and then walk into a local government and ask for what becomes just a rubber stamp approval of a route they've already acquired. So that really takes the people's ability to actually appeal to their elected officials out of the loop. They can complain to their local officials, but there is nothing that can be done about it. It is just wrong, and I don't think it is within the clear meaning of our Constitution. The certificate of necessity and public need is not a determination of public use. Our Constitution very specifically says that public use can only be determined by the courts. so granting that authority before there's even local approvals to actually use a piece of property and actually to set a case where somebody can say yes there is a public use is wrong so i would ask that you accept this amendment stay true to the most recent court rulings and the constitution of our state and accept this amendment. Thank you.
AML Winter.
Thank you, Madam Chair, and thank you to my colleague who just ran this amendment. You did a very good job of explaining the reasons why this amendment's needed, and I kind of wanted to delve into this because he's my colleague to the north on the eastern plains, and right now, every power line, it seems like, that's moving through this state or coming into this state is running through the eastern plains. I just want to give you a quick history of why this amendment is so important, and especially to the people of southern and southeastern Colorado. We've really dealt with a lot of land takings in this area. One of the first land takings that created a huge issue was when they had to build Trinidad Lake, when the Army Corps of Engineers had to put a dam in in Trinidad. At that time, you had coal mining communities in that area, and there was a couple communities that had to be moved and relocated, whether they wanted to be or not. That's kind of the start. And then we had Pino Canyon Maneuver Site, which the federal government come in and they made a taking of land, massive amounts of land, generational ranches that had been there forever. Come in, we want the property. At the end of the day, they're going to get the property, but that was another taking in southeastern Colorado where it pits government against citizenry. and then there was the first shot at the conservation easements which now they have been corrected but the first shot of the conservation easements is they had people come in overvaluate land give tax credits and then when the state realized that some of these people were that were doing the evaluations on this property to set the rate had over inflated it they came back to the rancher and the farmer expecting that tax credit back and there was a loss of ranches and farms because they couldn't pay the note. They had to borrow the money back. It was taken. And then the Southern Colorado or Southern Plains Land Trust came in and bought a bunch of property down in the southeast corner So the people of southeastern Colorado this is nothing new for them I even had two constituents of mine my second year here come up and meet with one of the larger energy corporations because they wanted to have some type of decision where this power line went through their property. And why they were so upset was they held out in hopes that if they stood as long as they could, and this was under the threat of the courts. They had been to community meetings, and they thought if they held out, they would be able to get more value based on the right to negotiate. And they were told no. And what makes it hard for them is as these power lines come through, as the power flows through them, it generates money in perpetuity. So they give this little dividend out to the rancher who has to deal with this problem. while power flows and money is made. And then you have some companies that have come in and they have proposed power lines in the southeast corner. And what they did is they hired a ranch kid to actually work with the ranchers because he understands the business. And he worked with ranchers to be able to move these lines through the pieces of property they want. Now, even though it probably cost the company a little bit more money to do this, they did it in a way that kept people happy. So you have to understand when myself and my good colleague from northeastern Colorado comes up and talks about these issues, there have been land takings after land takings after land takings in my district and his, and the ranchers and farmers are there on heightened alert. And then you see the federal line, the national line that they want to put through that right now, the ranchers in New Mexico come and alerted the county commissioners in Baca County because they want to put a federal power pathway
through southeastern Colorado. And these are people that have lived out there forever, and they're getting letters from the Colorado Department of Energy saying that if you have a land lease, that you may lose it because we want to develop wind, and if we develop wind, we can stop that land lease. And then we talk about beef prices, and all these things start to work together. You have people that live on God's land and do God's work, and they've been out there generationally. and they're fighting wind, and they're fighting snow, and they're fighting the market prices. They're fighting everything that they can't control, and now they have to wonder if there's going to be another taking, or if a power line's going to go somewhere they don't want it to go, or they may not even want to see it on their place at all. So I think this amendment's a good amendment. I think this amendment sends a signal for southeast and northeast Colorado, any place that's wild in this part of the state, and anybody that has private property rights and what they want to see done with their private property. Because things like the prairie chicken go along with this. There's so many layers that are added on to these landowners. And as they're being squeezed by everything, it's just one more stress to know that somebody is going to come on your place and tell you what they're going to do with it when they want to do it, and then they're going to offer you something and that's the only offer and that's just the way it's going to be. And my good colleague from Grand Junction, we had talked about trying to solve one of these problems a couple years ago with the mic and there's just no path forward for it and it's unfortunate because it would right a lot of wrongs that happened. But I think this amendment's important. Those landowners should have the ability to push back a tiny bit That is private property I doubt there is anybody in here that either owns their home or owns their condo that would be willing to let their neighbor come and run a fence through the middle of their backyard without being upset about it. So I think it's a great amendment. I think there needs to be some checks and balances with this. and I would ask you to support this amendment. I think it's fair. I think it allows for private property rights. I think it allows for better negotiation, and I think it hones in on the process that my colleague was talking about. There's a court system to do this, but there has to be more input made. the private property rights owners have to be heard and they're told constantly this is how it's going to be and you have to deal with it and this is just one more stressor on them and it may not seem like a big deal but to them it is right now there was a study done on the Comanche National Grasslands the study was done by somebody from Texas who had never stepped foot on the property wrote this massive study in about how raising cattle was going to have an impact on a stream in a residential community that's a ghost town. I think there's four old structures, and they're literally saying there's going to be community impact. So it seems like they just can't get a break. So I appreciate my colleague for bringing this amendment, and I appreciate him for giving me the opportunity to get up and tell you the story of southeastern Colorado and why we have so much heartburn with this stuff. Believe it or not, they want to help their urban cousins and they want to make sure that power flows through this state. There's no doubt about it. But it has to be done in a way where they're heard and they're able to be part of the decision-making process and when they go to the table, they know that at the end of the day, when the deal's put down, that's the deal. and they can sit and talk about it. But unfortunately, they have to take the deal because then if not, they have to go to court and then guess what happens? They have to take the deal because they have no real right of action when it comes down to it. So I urge a yes vote on this amendment.
Rep DeGraff. Thank you, Madam Chair. The testimonies over around the eminent domain that was authorized by the PUC was devastating. My colleague spoke of that, so I won't. But no person shall be deprived of life, liberty, or property without due process, not deprive it with speculation. But the governor's four appointees of the PUC have authorized these entities to raise their way across, R-A-Z-E, raise or rate their way across Colorado, 25 acres per mile, $5 to $7 million per mile for these high-voltage lines, and just ripped their way across Colorado using the eminent domain authorized by the governor through the PUC. And the answer was for them to sit down, shut up, and take it. And the Denverites just say, well, we want our green energy, without any idea what that commits the people to, and justify this as their virtue-preening power as something that has to come from somewhere so the people whose property this affects They just need to take it. Now the PUC testified that it was being a good neighbor, and I would say that is definitely a neighbor that nobody wants. But ultimately this comes down to the executive actions of the governor attacking the people of Colorado with wolves and with bureaucracy. So this is a great amendment. This puts the agency in check. This helps make sure that citizens' rights are protected, that property rights are protected. I ask for an aye vote.
Rep. Hartsook.
Thank you, Madam Chair. So on the amendment, number E for speculation. Most times in speculation, we don't allow speculation in a lot of areas. Some of the areas you can do it in, maybe the stock market. But in general, the government, we don't like to do speculative events, actions, because we don't have a known outcome. When you do this speculation for the land, you've already set the conditions for the outcome that you've predetermined. You are holding all the cards in your hand. You know exactly how it's going to go because you have the aces. And after you've taken the land, then you can say, oh, by the way, I have this land. I want to do this with it. We have processes and procedures for everything we do, everything, especially when it comes to utilities. There's more processes and procedures. You need a book this thick to go through them. So ask yourselves, why would we allow something to go outside of that and just say, oh, go ahead, you can speculatively acquire the land, whether you're ready to use it or not with power lines, transmissions, whatever it is you want to do, pipelines, doesn't matter. And if the landowners object, because remember, it is their land, and you decide, I'm going to take that. If somebody were to come to that, you know, we've heard it said here many times about events in the metro area where they just walk in and say, we're going to take this part of a neighborhood because we want to expand a road or expand a freeway. We're going to take your business. We're going to take your home because we just want to expand. We think this is a better use, better land use of that. When I say we, we the government, the government can go in and do that. and that's what's been happening here with the ranchers but the difference is when you do it here in the city they're already laying out you already have a road going through there you already have a freeway you're expanding things you're doing something building infrastructure and there's generally recourse for the business owners or the homeowners when you're going to come through and say we're going to take over this area to expand the freeway or the roads. When you out here you acquiring the land through speculation before you running the power lines It not like the power lines are there and you need to expand or make them bigger higher wider add to it You're going through an area where there's land out. Now, are there financial reasons and everything that come into play? Absolutely. We get that. but unlike the city where it's existing and you're saying we're going to widen it because it's already here and there's been a great number of fights over that we're saying because it's out or is this what we're saying because it's out in the middle of as my colleague says God's country but it's out of sight out of mind We're saying, well, because it's out there, it's okay, because there's nobody living there. There's not row after row of houses or streets or businesses. Is there a different set of adjudication rules that apply for what's in the metro city versus what's out in the country? Should not be that way. You should use the same set of rules. But we're not. That's what this amendment is for. that's what we're asking for I would urge an aye vote, thank you
Rep Richardson
Thank you Madam Chair I appreciate the words of my colleagues I just want to kind of end the discussion from my side on this with just briefly reading from our state constitution section 15 of article 2 taking property for public use, compensation, and how ascertained. And it reads at the beginning, private property shall not be taken or damaged for public or private use without just compensation. I think we can all agree with that, that stronger protections truly than our U.S. Constitution because it doesn't address damage or private use. but the end of that section is really the heart of what is going on here, and that is that the question whether the contemplative use be really public shall be a judicial decision and determined as such without regard to any legislative assertion that the use is public. Our constitution doesn't even allow us to determine that the use of a property is a good public use. It leaves that to the courts. What we have put in place in a regulatory scheme here is allowing a regulatory body that doesn't even report to us as the legislature, that we don't control, the ability to initiate the takings of property, something we don't even have the right to make a determination of under our constitution. So this amendment does not change any timelines for approval. It simply puts the ball back in the courts and the right court of where it should be determined. So I would appreciate a yes vote on this and support of our state constitution.
Majority Leader Duran.
Thank you, Madam Chair, and thank you to my colleagues. And I do appreciate their passion for their districts and standing up for them Members I would ask for a no vote on this amendment for several reasons Let start with the protection from takings It's already enshrined in Article 2 of the Colorado Constitution, so this really doesn't add anything additional. Also, this would delay new projects, which would increase ratepayer impacts and stifle grid updates, transmissions being built, and Colorado getting critical infrastructure. so I would ask for no vote members. Thank you.
Is there any further discussion? Seeing none, the question before us is the passage of L-17. All those in favor say aye. Aye. Those opposed, no. The no's have it. L-17 fails. To the finance report, is there any further discussion? Rep. Richardson.
Thank you, Madam Chair. Disappointed, but that's okay. All righty. I move L018 to the finance report and ask that it be properly displayed.
One moment. L18 is properly displayed.
Rep. Richardson. Thank you, Madam Chair. This amendment strikes a section that's floated around a bit. if you're looking at the introduced version, it was 13. I think it moved to 12. It may be back to 13. But it specifically described the notion that electric co-ops, municipal utilities, and independent transmission and power providers have the authority to seek appeal of denials of applications to the PUC. and it's a little odd because they are not regulated by the PUC. So where did this section come from? It's in the Sunset Report, if you're looking at it, on pages 87 and 88, which has two points. It says it's to clarify current law, and actually the law is pretty clear because munis and co-ops have already opted themselves out and exempted themselves from PUC regulation, So then turning around and saying that you can appeal to the PUC really doesn't make a lot of sense. The fiscal note indicates that they will likely avail themselves to this at cost to the state government. But as it discussed in the previous amendment, when things get appealed to the PUC and one party does not get the answer that they want, there is an inevitable appeal, and it goes to the courts, and that can go back and forth between the courts several times, but the courts are already available. There is no record of munis or co-ops or anybody using this appeal to the PUC, even if they thought they could. It doesn't speed up any process, as might be posited by the sponsors or those that promoted the original language in the bill because it's just one more step that doesn't get you to a final answer. So striking this entire section reduces the bill, saves a little bit of ink, keeps the status quo as it is, and just truly makes sense. So I would urge a yes vote on this amendment Rip Gonzalez Thank you Madam Chair And I sat on the Finance Committee and we had a very robust discussion with witnesses
One of the biggest things that was brought up was Section 13. I believe it's Section 12 now. And so this would probably add unintended costs to our municipalities when they would have to appeal. And so when we have smaller municipalities that would potentially have to appeal to PUC, this drives costs not only to the local municipalities, but these costs are going to be incurred by not only just the citizens, and I think that would cause problems for the local municipalities, especially the smaller ones when it comes to potentially going against the PUC. I also want to say I agree with my colleague who just previously spoke, who ran this amendment, because we did also talk about the independent power producers and the independent transmission developers, and I think we should also keep in mind these people when they're private companies or they're, you know, for profit, how would they benefit the interests of the local municipalities? I know we like to have partnerships with the private sector, but I think we should also keep in mind the concerns about our local municipalities when we need to make sure that our partners keep the best interests of our municipalities. And again, I think we can also discuss that this, the PUC right now, it expands who can appeal, because right now the independent people cannot appeal. And so I think right now what this provision does is that it expands the power, who can appeal. And so there were multiple concerns with that. And I know we did have a robust debate on it. And I also did talk to one of the sponsors about my concern about this section. And so this is a good amendment. And I encourage everybody to vote for it. I know that the sponsors are, you know, this is their bill. And I understand that. But I think this would do good to overall water the bill down to a better intent. And I think it would save the same money. And, again, we have to keep local control, local municipalities top of mind. Because at the end of the day, these people are the ones that are implementing this policy and not the PUC. You know, so I would encourage an eye on this amendment. and I appreciate the amendment sponsor for bringing this amendment forward.
Rep. Wilford.
Thank you very much, Madam Chair, and to the good representative for bringing this amendment. It's certainly something that we've continued to have conversations about. I think it's important to acknowledge that the Sunset's not granting the Public Utilities Commission any new authority. It is simply a clarification of existing abilities of co-ops as well as municipal utilities. Co-ops and municipal utilities have complete autonomy on taking an appeal to the commission or not. The original statute was written long ago before the General Assembly could contemplate the current energy and environment, which has gotten more and more complex every year. This section merely cleans up the statute to reflect this. It's not a local control issue because there is no extra power being given to utilities and no power being taken away from local governments. The PUC hearing these cases is exceedingly rare. There have only been three land use cases like this in the last 20 years, but it is an important avenue that remain open and available. Co-ops and munis rarely go this route and usually adjudicate these disputes through the courts. However, it is important to update the statute so that it's clear that this option does exist, especially when we're contemplating matters like this of statewide concern. So we do ask for a no vote on this amendment.
Rep. Richardson.
Thank you, Madam Chair. Just to pick up where the sponsor left off, co-ops are regional. They are not statewide. municipal utilities support their municipality. They are not statewide. Clarifying or not... If it's simply clarifying, I don't think it needs clarification. It's never been used. This is potentially just adding workload to an entity that already struggles to take care of their primary mission, which is to ensure that the utilities they regulate are actually providing the service they are supposed to provide at a low affordable and reliable cost and presence in the lives of our citizens. They aren't doing a very good job at that core mission and to build something into this sunset review that pushes more onto their plate I think is unwise. They need to focus on providing reliable and affordable energy to our folks not picking up new missions.
Is there any further discussion? Seeing none, the question before us is the passage of L18. All those in favor say aye. Those opposed, no. The noes have it. L18 fails. Rep Wilford.
Please vote yes on the committee report. Is there any further discussion?
Seeing none, the question before us is the passage of the finance report. All those in favor say aye. Those opposed, no. The ayes have it. Finance report passes. To the energy and environment report, Rep Wilford.
Thank you very much, Madam Chair. In energy and environment, we ran amendments to create an M docket to streamline proceedings, changed telecommunications fund to be based on filing fees paid into the fund rather than a percentage paid. We required penal communication services to report outages to the Public Utilities Commission, changed the new sunset dates to 2023, required utilities to provide interconnection disclosures, removed all of Section 3, changes to the joint procurement study, and struck the whole section about IQ and percentage of payments, customer section. And with that, I do want to move amendment L033 and ask for it to be properly displayed. One moment.
L33 is properly displayed.
Rep. Wilford. Thank you very much, Madam Chair. This amendment requires that DORA consults with the PUC director on budgetary matters. and this amendment is one of several intended to modify the Public Utilities Commission budgetary framework. And we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L33. All those in favor say aye. Aye. Those opposed, no. The ayes have it. L33 passes. To the report, to the committee report, is Majority Leader Duran.
Thank you, Madam Chair. Members, we have many amendments.
Is there any further discussion? Seeing none, the question before us is the passage of the E&E committee report. All those in favor say aye. Aye. Those opposed, no. The ayes have it. The energy and environment report passes. To the bill, Majority Leader Duran.
Thank you, Madam Chair. Members, we have many amendments coming, so please follow along. The amendment descriptions were put on your desk. With that, I move L001 and ask for it to be displayed.
One moment. L1 is properly displayed Majority Leader Duran Thank you Madam Chair So L001 raising the cap on fines to utilities has fines going to PUC for IQ customer function and I ask for a yes vote
Is there any further discussion? Seeing none, the question before us is the passage of L1. All those in favor say aye.
Aye. Those opposed, no. The ayes have it. L1 passes. To the bill, Rep Wilford. Thank you, Madam Chair.
I move amendment L002 and ask that it be properly displayed. One moment.
L2 is properly displayed.
Rep Wilford. Thank you very much, Madam Chair. this amendment requires the PUC to have a rulemaking about quality of service plans that require plans for investor-owned utilities to improve customer service and delivery metrics, and I ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is passage of L2. All those in favor say aye. Aye. Those opposed no? The ayes have it. L2 passes. To the bill, Majority Leader Duran.
Thank you, Madam Chair.
I move amendment L024 and ask that it be properly displayed.
One moment. L24 is properly displayed. Majority Leader Duran.
Thank you, Madam Chair. This amendment adds language requested by Climate Jobs Colorado, who represents labor union workers in the energy sector. It adds language that the PUC needs to consider workforce implications when deciding cases related to the energy transition. It would also require the PUC to hire a person dedicated to outreach and equity and to have a dedicated person who has that lens of all the work the PUC does and in facilitating access to the process. And we ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L24. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L24 passes. To the bill, Rep Wilford.
Thank you, Madam Chair. I move Amendment L027 and ask for it to be properly displayed.
One moment. L27 is properly displayed. Rep Wilford.
Thank you very much, Madam Chair. This amendment would require several transparency measures from the Public Utilities Commission. It would require utilities to file information on what cases they are expecting to bring in the upcoming year by the end of January. Filings that would be made public, then the commissioners would hold a public meeting at which they would outline all of the major upcoming case. This will help advocates plan when and in which cases to intervene. It will also require the PUC to compile an annual report for the General Assembly on the work that's been completed by all sectors over the last year. information like the number of resolved complaints, synopsis of major energy or rate decisions, and miles of gas pipelines inspected. Lastly it would require that in every decision the PUC would include information about the public comments outside groups and Coloradans made during the process and I ask for an aye vote.
Is there any further discussion? Seeing none the question before us the passage of L27 all those in favor say aye Aye Those opposed no You guys have it L27 passes To the bill Majority Leader Duran Thank you Madam Chair I move amendment L and ask that it be properly displayed One moment L-28 is properly displayed. Majority Leader Duran.
Thank you, Madam Chair. This amendment does several things that have been requested by various stakeholders. It allows the PUC to have some control over their budget, including some personal decisions. The amendment would also put some of the equity rulemakings that the PUC has been working on into statute. It also adds, as requested by Excel, that the governor considers certain additional qualifications when appointing new commissioners. And I ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L28. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L28 passes. Rep Wilford to the bill.
Thank you very much, Madam Chair. I move amendment L029 and ask that it be properly displayed.
One moment. L29 is properly displayed. Rep Wilford.
Thank you very much, Madam Chair. This amendment is a bit of a hodgepodge of different requests from various parties. COSA, the Colorado Solar and Storage Association, requested a change to the definition of energy storage in the Renewable Energy Standard. This is the Res Statute. Currently, energy storage is defined as renewable energy storage, which is storage paired directly with renewable generation. That's a very narrow definition that excludes standalone storage programs from being considered in a res plan and this amendment changes the definition to be more general to just energy storage. Secondly, in the amendment, it removes a strike through of existing statutory language that currently requires 3% of electricity to come from distributed generation like rooftop solar panels. This removal of a strike returns retains the status quo from amendment 37 that was passed by voters in 2004. COSA, the city of Boulder and CC4CA requested this requirement. Also in the amendment, all types of energy utilities have requested that we modify the language for res reporting requirements. This amendment would change the standard to be in compliance with their current clean energy plan and would apply to municipal, wholesale and investor owned utilities. Lastly, a small section in the amendment to make sure that the title 40 comports with Senate Bill 182, which was just passed. And we ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L-29. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L-29 passes. Majority Leader Duran.
Thank you, Madam Chair. I move amendment to L-036 and ask for it to be properly displayed.
One moment. L-36 is properly displayed. Majority Leader Duran.
Thank you, Madam Chair. So this amendment is part of the large deal that was struck between stakeholders, including utilities, labor and environmental groups, as are several other upcoming amendments. This one makes three buckets of changes to how the PUC operates. First as procedural changes, cases will be heard first by an administrative law judge before being taken by the commission or staying within ALG and changes around that reordering. Second, sets rulemaking around which hearings and meetings should be in person, hybrid, or remote The last bucket is about proceeding timelines This amendment shortens certain timelines and then if the PUC misses that timeline the application is deemed automatically approved And also intervening parties will be automatically approved as well when they request and intervene as the very beginning of a case, unless the PUC actively disallows them. And I ask for a yes vote. Is there any further
discussion? Seeing none, the question before us is the passage of L36. All those in favor say Aye. Those opposed, no. The ayes have it. L36 passes. Rep Wilford. Thank you very much, Madam Chair. I move amendment L038 and ask that it be properly displayed. One moment. L38 is properly displayed. Rep Wilford.
Thank you very much Madam Chair. This amendment is part of the larger deal struck between stakeholders. It removes all sections related to giving the Public Utilities Commission the ability to order securitization of large assets.
Is there any further discussion? Seeing none, the question before us is the passage of L38. All those in favor say aye.
Aye.
Those opposed no. The ayes have it, L38 passes. The committee will go into a brief recess. Thank you. Thank you. . Thank you. Thank you. The committee will come back to order. Majority Leader Duran.
Thank you, Madam Chair. I move amendment L-042 and ask it to be properly displayed.
One moment. L42 is properly displayed. Majority Leader Duran.
Thank you, Madam Chair. So, members, this amendment strikes Section 12, which is the third party. We are going to continue having conversations on how we should, you know, come to a compromise, and I ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L42. All those in favor say aye. Aye. Those opposed, no. The ayes have it L42 passes Rep Wilford Thank you very much Madam Chair I move amendment L040 and ask that it be properly displayed One moment L40 is properly displayed. Rep Wilford.
Thank you very much, Madam Chair. This amendment is the last part of the deal that was made. It requires a third party. Oh, no, it doesn't. Oh, yes. Yes, it does. Yes. Sorry. Just kidding. Got a little mixed up there. So this amendment is the last part of the deal that was made with stakeholders. It requires a third party study of the structure of the Public Utilities Commission, including looking at the size of the bench and current staffing levels and the various funding mechanisms to make up its budget. it will return a report to the General Assembly for future consideration, and we do ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L40. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L40 passes. Majority Leader Duran.
Thank you, Madam Chair. I move amendment to L041 and ask that it be properly displayed.
One moment. L41 is properly displayed. Majority Leader Duran.
Thank you, Madam Chair. This amendment was requested by the Green Latinos. There's a statute for reimbursing certain costs that it takes to intervene as a party to a case at the PUC, like lawyer's fees. How it is written has never been successfully used. This amendment rewrites that language and sets a rulemaking for that compensation, with the caveat that under current budgetary circumstances, it will not be actionable. However, L040 that we adopted calls for an evaluation of the PUC's budgetary structures, including to identify potential financial paths forward. This section is pending available appropriations, and I ask for a yes vote.
Is there any further discussion? Seeing none, the question before us is the passage of L41. All those in favor say aye.
Aye.
Those opposed, no. The ayes have it. L41 passes. Rep Wilford.
All right. We're closing it out here. So I move amendment L037 and ask for it to be properly displayed.
One moment. L37 is properly displayed. Rep Wilford.
Thank you very much, Madam Chair. This amendment requires that the public utilities staff that receive complaints from the general public are trained in trauma-informed responses. And I do ask for an aye vote.
Is there any further discussion? Seeing none, the question before us is the passage of L37. All those in favor say aye.
Those opposed, no.
The ayes have it. L37 passes. Rep. To the bill. Majority Leader Duran.
Thank you, Madam Chair and colleagues. Thank you so much for your patience. I know it seemed like a lot, but you know what? A sunset like this takes a lot of work in collaboration and conversation, and we wanted to make sure we get it right, and for those things we're not sure of, we'll continue working on them. I want to take a moment to thank the many stakeholders who engaged with us on this incredibly important and complex bill. Whether you are with the labor union like IEBW, climate jobs for Colorado to being a utility like Black Hills or Excel, or a constituent with policy expertise in this area, know that your input truly reflects in how essential the Public Utilities Commission is and the wide range of responsibilities it carries. So thank you to all of you for your feedback your input and your patience I also want to thank my co sponsor Representative Wilford for diving deep into the details of this policy alongside me Thank you as well to the PUC team and Director White for your ongoing work serving our state, and to our staff, our bill drafters, fiscal analysts, Dora's team, and the governor's team. Thank you for the support in this process because it really did take all of us to get this done. Finally, thank you to the members for your continued engagement. I know we've been hearing from many of you. Many of you had questions and thoughts and ideas, and I want to make sure that we hear those today. Since being elected in 2018, I've worked on legislation to modernize our energy grid, expand renewable energy, and support our workforce. It has been an honor to carry this bill, especially in my final year in the House, because the work of Public Utilities Commission touches nearly every Coloradan and informs many of the policies we pass in this body, including many of my own. With that, let's turn to the bill. House Bill 1326 is a vital measure that continues the Public Utilities Commission for another seven years. The commission, housed within Dora, regulates natural gas, stream and water utilities, electricity, telecommunications, transportation, and certain natural gas and propane pipelines. In addition to the continuation, this bill includes a wide range of updates informed by the Sunset Review. These updates span energy, transportation, telecommunications, water, and pipeline safety. Today, you're aware of the amendments that we ran. Like I said, we appreciate your patience with that. I look forward to your questions that you may have, and with that, I ask for a yes vote.
Rep Wilford.
Thank you very much, Madam Chair, as well as members for your attention. I know that this is, we've had a lot of amendments, but the reason that we had a lot of amendments was from the extensive amount of stakeholder outreach, conversation, and negotiation that we underwent throughout the entire legislative session. You may see that up here next to us, I've got a couple of binders that contain all of the feedback that we were responsible for combing through and all of the stakeholder ideas as well for how we can continue to modernize the Public Utilities Commission. This organization, this department is a massive organization that really oversees a tremendous body of work on behalf of the state. And I can tell you all that throughout this process, I initially really respected the Public Utilities Commission, but even more so after going through this process and really starting to understand the level of work that they are tasked with. I am particularly excited about a number of components of this bill, especially as amended, that will ensure that the Public Utilities Commission henceforth has the necessary support via staffing and an HR director that they really need in order to continue to make important decisions, not only for our utilities, but also for our transportation network companies, for our taxis and local carriers, as well as our pipeline safety. providers as well so they they have a quite quite a large amount of work that really does touch every Colorado household and business across the state I don't know that I have a whole lot more to add beyond what the majority leader offered but I do really want to emphasize that this was a team effort and I want to say thank you to all of the organizations that shared their ideas and their comments their concerns and their belief in a better direction for Colorado and the Public Utilities Commission I think that with everybody support we put forward a really good policy that will continue to modernize the PUC and ensure that Coloradans are heard in a way that they should be heard. A special shout out to the PUC staff, Director White, Director Salazar, and the Gov staff as well for all of your careful work negotiating, to the Environmental Coalition for all of your work, making sure that we were constantly keeping the environment front and center in these discussions. Thank you for the way that you engaged. It's so appreciated. And with that, I also want to thank the Majority Leader. And with that, I do ask for an aye vote.
Brett Barone.
Thank you, Madam Chair. And I'll leave the podium here down. It's all right. The microphone goes up a little bit. I want to start off by saying, you know, thank you to the bill sponsors. They took on a big, a big weight with this PUC sunset. PUC is not something that you can just go through in one day, work on it in one day, work on it in one week, have an idea, and then go forward with it. It is a combination of an entire energy industry in one state. So I do commend them for bringing this forward and going along with working on this bill, because I know how important it is. I wish I was on it, to be honest, maybe next year, or maybe the next sunset. And I understand the PUC is very important to the state, and we need it. We need to be able to make it safe, make it affordable for energy in the state, and the PUC is the way to go for that through us, of course. That being said, all the nice things aside, this is where I disagree wholeheartedly with the PUC. Currently, the PUC is made up of three commissioners, governor appointed, By that piece, I can disagree simply, just by being governor appointed. Now, the commissioners that are currently appointed are not a fair representation of the energy sector of this entire state. That's one thing that I'm going to disagree with wholeheartedly as well, and a lot of my colleagues disagree with that as well. because two of those commissioners are Denver based, one is Boulder based. Like, we have more than just Denver and Boulder in the state of Colorado. I mean, we have energy, we have a big energy sector in oil and gas up north, no representation. We used to have a big oil and gas sector down south, southeast corner of Colorado. That went away, no representation. The mountain area, closest one is Boulder, the Boulder representation. So to see a fair representation of rulemaking that the PUC does is very important to a lot of us. Because we understand that not every area, not every sector, not every district in this state is the same. And those rulemakings are statewide. It's a blanket rulemaking for the entire state, which doesn't work for up north, doesn't work for down south. And we need that fair representation in the entire state. And that's my main concern with the PUC right now. I understand, like I said, we need the PUC. I'm not against it. I just don't think it's a fair representation of what we need in this state and what the people want. So that being said, I move L25 to HB 1326, and that's to be displayed, please.
One moment. L25 is properly displayed. Rep. Barone.
Thank you, Madam Chair. This amendment, what it does, takes effect July 1st of 2027. It expands the PUC commission from three members to five members. Three of those five members need to be from three of the five commissioners need to represent identified geographical regions of the state. Two of them can be at large. That's what most county commissioners have right now. Three districts, two at large. And I believe that would be a fair representation of the PUC in the state of Colorado. Now, the first region that needs to be appointed by the governor is the Denver metro area. I believe Denver metro area has the right to have their fair representation of a PUC commissioner right now. They currently have two. It doesn't mean they won't have two if this passes. They could have one at large and one in the district. The second one has to be the western region, consisting of the counties of Jackson, Chaffee, Fremont, Custer, Teller, Castilla, Alamosa, Conejos, Rio Grande, Mineral, Zaguache, Archuleta, Hinsdale, Gunnison, Pitkin, Lake, Eagle, Summit, Grand, Routes, Moffitt, Rio, Blanco, Garfield, Mesa, Delta, Montrose, Array, San Juan, La Plata, Montezuma, Dolores, and San Miguel. Great representation right there. One commissioner from that area appointed by the governor. Eastern region, consisting of Huerfano counties, Pueblo, El Paso, Crowley, Otero, Bent, Kiowa, Cheyenne, Prowers, Baca, Las Animas, Logan, Sedwick, Phillips, Yuma, Washington, Morgan, Kit Carson, and Lincoln counties. Another representation there. I forgot to mention the ones that are the Denver metro area, which is actually two of my counties. Adams, Arapahoe, Boulder, Larimer, Well, Douglas, Jefferson, Park, Clear Creek, Gilpin, and Albert counties. Now, the other thing that I like about this amendment is that what it does is no more than three members of those appointed commissioners shall be affiliated with the same political party. Now, don't get me wrong, political, you know, people have the right to vote for their political beliefs but when they appointed the people did not vote for that The governor appointed that So I believe that is an important part of this Don get me wrong I worked in oil and gas for 30 years almost 30 years But I am an all of the above energy source guy. I understand we need all the above energy source. The thing that I disagree with is tax subsidizing one energy sector over another, pushing away an energy sector when we need all of them. How important it is to have all these energy sectors working together to be able to energize the state. And it's quite clear both sides of the aisle have a different viewpoint on that. By allowing this amendment to not have more than three members of the same political party is very important because that forces them to work together to come to a good conclusion, a good rulemaking that's best for the state of Colorado. Yes, there will be fireworks. Yes, there will be disagreements. But when I was on city council in Fort Levedon, we were all conservatives on city council. We had our disagreements. but we came down to a conclusion because we work together I truly believe that this is the way to go to be able to improve the PUC improve energy in the state of Colorado and move Colorado forward in the energy sector. I urge an aye vote
Representative Wook.
Thank you, Madam Chair. This is a very good amendment. A couple of my colleagues have talked about this even last year, the importance of expanding the PUC, and as my good colleague from Weld County just said, we're simply not getting a good representation on the PUC with three people, two from Denver, one from Boulder. It's just of the utmost importance that we have people on there that understand different parts of the state. We have, as we all know, an extremely diverse state with many different needs, and to have just three members right now, Denver-Boulder representation, that just doesn't cut it. So this is a great amendment. It's common sense, and certainly for those of us who believe that we need to really, this PUC that wields a lot of power needs to serve the entire state, I strongly urge a yes vote. Thank you.
Representative Sucla.
Thank you, Madam Chair. And as the great Barone would say, this is the best amendment that we've had all session. Why I like this amendment. So I'm from the Western Slope. I'm going to start with Holy Cross. Holy Cross, a utility company, Pitkin County, Garfield County, huge solar farm. La Plata County they have La Plata Electric they have all kinds of power but what's interesting on the western slope is we have the two largest lakes so we have Blue Mesa which is in my district which has hydropower it also has a lake above it called Taylor Lake hydropower then you have the second largest lake which is McPhee Reservoir hydropower you also have in Delta County a lot of solar why we need the representation is because we producing a lot of power and we have a lot of utilities on the western slope We also have in Montezuma County the world largest known CO2 field I mean, excuse me, yeah, CO2 field in the world. And so you combine all of that, we need to have a say, and that's why this is a good amendment. Let's let the voice of the western slope help carry this state forward on the PUC.
Representative Brooks.
Chair, thank you. So we heard some amendments earlier, and I just want to repeat back some language that really stands out to me from those amendments and as it relates to this amendment. 024 talks about how the PUC should have an outreach comms person dedicated to involvement and inclusiveness and adds an equity advisory board. L028 requires PUC to hire an equity-focused person and require the equity rulemaking language to be in statute. and also adds to what the governor shall consider when appointing commissioners. So if we're going to talk about inclusiveness, if we're going to talk about equity, this amendment seems to make a whole lot of sense because we are ensuring that there is geographical equity, that there is geographical inclusion when the commission is set. Now, I understand that you're talking about more money. It's going to cost more money. Look, man, we find ways of being able to fund what we want to fund around here. We'll take a little bit over here. We'll scratch a little over here, and we'll be able to, poof, there's some budget. It happens. You know it happens. Joint Budget Committee is waving at me. He's like, yeah, I got you. Sorry to call you out. But then on the other side, you know, we've got my colleague from Weld and Larimer counties that was told earlier today, no, we don't have money for that. We're not even going to hear your bill in appropriations today that you've been working on forever. It's been sitting around for like a month. We don't have money for that. Well, we can scratch out a little funding for this other thing. It's just, again, it's priorities. Is it a priority? And we're going to talk about equity and inclusion, which those are words that kind of make me shudder. But if we're going to use those words in the amendments that have been adopted, then how do we ignore the geographical equity and inclusion that this amendment presents? If we want to do it, this body can find a way to break open a piggy bank. Maybe it's the unclaimed property fund. We're rating that like bandits, man. I mean, you know, like might as well put on a ski mask. We're going up and taking so much money out of that thing. We can find money for it if we want to find money for it. If we're truly going to be honest about equity and inclusion, I think it's an easy yes vote here to have geographical equity inclusion. I ask for a yes vote.
Representative Martinez.
Thank you, Madam Chair. So I rise in support of this amendment. This is something that we ran last year as a separate bill and trying to get more inclusivity in with the Public Agilities Commission Why did we do that So the main reason why we did that is that the County of Pueblo is serviced and they have some of the highest utility rates in the state of Colorado. And this has been pretty historical. And again, why do we bring this up? Because right now, or as of today, it's been about 100 years since someone that has lived in Pueblo has sat on the Public Utilities Commission. I'm not going to say that they're correlated or causation, but there's definitely, I feel, correlation between not having a representative that sits on the Public Utilities Commission, understanding the community, understanding what has happened there and why they've been paying historically high utility rates. And so I think that this amendment is something that addresses that and being able to bring in representation to a community that, again, hasn't had it in 100 years. I don't think that that's acceptable, and I think that we should push to be able to get more representation from the rural parts of the state. And so I strongly, strongly stand in support of this amendment to bring representation to a community that hasn't had that.
AML Winter.
Thank you, Madam Chair. And I stand with my friend Matt, who we ran this as a bill last year. He was the co-prime of this bill. He's 100% correct. We were looking at Pueblo. We were looking at the Eastern Plains. We just talked about how many power lines are running through the Eastern Plains, the production of energy that we have out of south and southeastern Colorado, and it's ultra important. And it was actually crazy in committee because, as my colleague will attest, we literally had people get up and testify that there wouldn't even be anybody qualified to represent that part of the state. and it was a complete slap in the face to our districts, it was a complete slap in the face not only to the Valley, to the Pueblo, to the Eastern Plains, it's wrong. We're a huge driver of energy. Where were the power pathways run through? Pueblo has been impacted at a massive level, and I represent parts of Pueblo as well. It's important that we add these members to the PUC. We should have a voice. We talk about a voice at the Capitol, and we just heard our colleague from Douglas County talk about equity, when it comes to representation at the PUC, and it shouldn't just be a handful of people, which we know the governor handpicks this, but there should be representation of the whole state. The state is different. Very different. So with that, I urge an aye vote.
Representative Martinez.
Thank you, Madam Chair. I really feel like if we don't pass this amendment, that there's going to continue to be division in the state. And we need to continue to making sure that we are doing right and making sure that we're bringing all stakeholders to the table and making sure that we are represented well in this commission and making sure that we have advocates and fighting for the community. So I urge an aye vote.
Emma Winter.
Thank you, Madam Chair. this amendment is the type of amendment that bridges the rural urban divide. We talk about that in this building all of the time. It is a real thing. There's four corners to this state. All four of them should be represented. It's not a laughing matter. We have to get this done. I urge an aye vote.
Representative Graff.
Thank you, Madam Chair. I agree with this amendment. I would like to see some competencies added to this. as opposed to just geographic, but geographic is very important, if nothing else. I don't think Denver and Boulder actually represent Colorado. When you see, it's always amazing to me, flying over Colorado, just how small those areas are. You know, the biggest part of Denver and Boulder, I think, are the egos, but they don't really represent Colorado. There is a vast, vast amount of space in the really productive parts of Colorado, the foundational economy parts of Colorado. So I would think that these would be better to be represented, especially when we talk about some of the things where we were talking about earlier with eminent domain, where Denver and Boulder are okay with cutting swaths across Colorado, destroying the ecology and the economies of the rest of Colorado in order to import for themselves green energy so they can feel virtuous about themselves. They're good about imposing wolves on the rest of Colorado so they can feel good about themselves. But I don't think the four appointees of the Polis Utility Commission really do really represent, and I say four appointees because three are directly appointees and one is an appointee of an appointee. So I consider them all appointees, and I think they do more of a job of representing Governor Polis than they do the public. they're responsible for implementing. And the director said, now the director could not speak to anything as far as what actual climate goals were, what they would accomplish, anything like that. Just deferred and said, well, we just have to do basically the stupid stuff that the General Assembly says we have to do. And that's true. So they're in a bit of a bind. But I question the expertise of a poli-sci major when you're looking at things like energy and transportation are big, massive parts of the PUC. And instead, the governor has basically appointed and the Senate has approved, rubber-stamped, a bunch of climate ideologues. And I think Colorado needs more than climate ideologues, and I think Colorado deserves better than climate ideologues. It's not okay that Denver and the representatives in this room from Denver are okay with destroying the land of the people of Colorado. to assuage their superstitions. And I also think when I look at this, and we talked about one of the things about third party, third party going to basically a commercial, one of the things that the PUC, we need to do with the PUC is we need to divest it of some of its scope. Because the PUC has a very broad scope, and the things that it has a scope over, it seems to not do very well. And so when you have somebody that does things not very well, the worst thing to do is add more to their list of responsibilities. First of all, so I think we ought to get Colorado actually represented in this regard, so I recommend an aye vote on this amendment.
Is there any further discussion on Amendment 25? Majority Leader Duran.
Thank you Madam Chair I appreciate my colleagues comments and I couldn agree with you more regarding representation What I wanted to add just to give you some assurance is that sponsors and stakeholders we been working for months and I mean months, to try and strike a deal that would balance and that everyone could agree to. The idea of five commissioner bench was thoroughly discussed, and given what large change it would be to the functioning of the PUC and the state, It should not be added into statute until it's studied and thoroughly vetted and figured out. Part of all the groups agreed that a study, and that was in Amendment L040 that we passed this evening, which would not only examine composition of the commission, but it would also look at a funding source. We know from the bill last year the potential fiscal on this was over $900,000, which we know this budget session we don't have. So there are many ways to configure a commission. If the state does decide to expand the five commissioners in the future, let's make sure it's a model that works for all of Colorado that's been discussed, stakeholder in the state, and can be funded, and that we can make sure that we have the representation we need from all of Colorado and throughout the state. So I just wanted to add that this will be discussed, and if you want more information on that and how you can follow that next year happy to have that conversation and thank you so much for your feedback. I think it's really important for that to be heard here. So thank you and I ask for a no vote on this amendment.
Is there any further discussion on amendment 25? Seeing none the question before us is the passage of amendment 25. All those in favor say aye. All opposed nay. Amendment 25 fails. To the bill. Rep. Barone.
Thank you Madam Chair. Okay, I agree. Coming to this year, the fiscal year that we're in, okay, we don't have the money right now, it hasn't been stakeholder well. And we can't figure out where the money's coming from this quick, coming at the end of session. So I move L26 to HB 1326 and ask to be displayed.
Thank you. Is properly displayed. Go ahead.
Thank you, Madam Chair. This is the same exact amendment. Same exact amendment. Same exact argument that I just previously had. But this one would take effect July 1st of 2029. That gives us another four years. Well, three years and a little bit. to be able to figure out where this money is coming from, where we can get the money, when we get the money, and properly prepare for the expansion of the PUC. I urge an aye vote.
Majority Leader Duran. Thank you, Madam Chair, and thank you again to my colleague. As I mentioned, we will be putting together a working group that is going to look at everything, and I think that's really important to have those conversations and make sure that all of Colorado is represented. So I would ask for a no vote on this. Representative Luck.
Thank you, Madam Chair.
So I rise in support of this amendment. We heard from the prior conversation the importance and significance of having all of the different parts of the state represented on this essential board commission and this particular amendment is really the way I see it is a placeholder 2029 is three legislative sessions from now and so a lot of conversations could be had and by putting this into statute it will force the conversation in a way that I think will be very helpful to ensure that it's not dropped or not forsaken in these other conversations that are going on. It's sort of like the AI bill. You have a dead light on it and it forces movement. When you don't, it doesn't. And so by having this up there, there is the opportunity to ensure that this will actually be tackled, that it will not be put off. Because if it were to be put off, then this would go into effect in 2029. And that, for those who are opposed to this idea, would be problematic, I suspect, for them. And so it would encourage there to be this actual fair representation. This has been a conversation for many years. It hasn't been done up until now. And so taking the time to make sure that it's in there is good policy.
Representative McGrath.
Thank you, Madam Chair. It looks to me like there's a couple budget iterations in there, and we're all very familiar with how money is raked from one pool to another. And to just put this in place now to say that we need a public utility commission that represents the public of Colorado. Now, I'd like to see a little bit better. I don't think, well, I certainly don't think the Polish Utility Commission has done a good job of representing the public and the priorities of the public. So I'm not really crazy about the aspect on there of the governor's appointees, rubber stamped by the Senate. Maybe if the Senate wasn't so complicit, then maybe that's probably a fine way to do it. It would be better if there was a little bit more pushback, a little bit more, a little less obsequiousness, I think is the word. Maybe it's sycophants. I don't know. Maybe. But I think obsequious is the proper word for the rubber stamping that goes on over there. So I would like to see that the rest of Colorado, because Colorado in general is, you know, when you look at the disparate parts of Colorado, the parts that are away from here, the parts that are away from this very small building that causes very big problems for the rest of Colorado, those parts of Colorado are the ones that are impacted. Those parts of Colorado are the ones that are destroyed by the decisions that are made in this building. When you cover thousands of acres with solar power, when you put wind turbines that nobody wants to live near, when you put all that stuff out when you stretch power lines across Colorado just for the sake of getting intermittent energy And the funny thing about that intermittent energy is that it energy that has to be backed up by hydrocarbons Or it has to be backed up by another state hydrocarbons Because there's just not enough. Or it has to be backed up by a bunch of batteries that are produced in other countries that are mined and with eco-raping processes and slave labor. Yet that has been the priority of the Polis Utility Commission, giving the approval to destroy large swaths of Colorado, those flyover parts that the urbanites of Denver don't really care about, but pretend that they're saving somehow. They're going to save the planet by destroying large swaths of the state. Now, if that makes sense to you, then you're probably one of those Chihuahua Clutch environmentalists that I like to refer to. So I'm in favor of this. We have budget time. We've talked over and over again. We've got CDOT that has hundreds of millions of dollars worth of green grift in it. We've got, well, we have the Medicaid, which we talked about $285 million. We could pull some money out of CDPHE because they have at least $285 million they don't need. All they need to do is tighten their processes a little bit. They don't even need to tighten their belt, just their processes. CDOT, of course, $24 million. This is, what, a $500,000 study or something like that, half a million dollars. We give 48 times that in order to have free bus rides across the state for people to be able to ride the mobile mugging centers that they're not really interested in. Basically, using CDOT or RTD to pay about $7,000 for a rider. So I recommend an aye vote on this. I think we ought to get a little bit of reality in the bureaucracy that's running this state because I don't think it's representative of Colorado itself. I recommend an aye vote.
Representative Luck. Is there any further discussion on Amendment 26? Seeing none, the question before us is the passage of Amendment 26. All those in favor say aye. All opposed, nay. Amendment 26 fails. To the bill, Rep Luck.
Thank you, Madam Chair. So third time's a charm. I'm going to have this conversation in a different way. I move amendment L43 and ask that it be displayed.
It is properly displayed. Go ahead. Thank you, Madam Chair. I did not run this as a substitute. I learned my lesson yesterday
that that doesn't curry favor so I am bringing this forward it's our understanding from the conversation that there in part there is a struggle with those other options because it in it increases cost moving from three members to five members increases cost and so this one says you're good to keep the three members but as you appoint as the governor appoints from this summer moving forward, needs to appoint with geography in mind. And so each one of the different commissioners has to come from one of these three regions that was already laid out in the prior amendments. And as I understand, it has been very thoroughly looked at in terms of what those counties should be and entail, and so I urge an aye vote.
Emma Winter.
Thank you, Madam Chair, and I appreciate my colleague from Penrose for bringing this amendment. I think it was great on the fly, and it solves a huge problem. We've understood, and we hear that money's an issue. We've been in here for four months talking about money being an issue, but this allows us to have that regional representation. There's going to be appointments made. They're coming in the near future, and this says, hey, if we want to have this representation, you're going to have a commission, and I get that, and I appreciate that you all are going to get together, have the working group, try to come up with a way to expand the PUC, but it's been so one-sided represented at this point. This would be a major shift, and I think those parts of the state that aren't getting heard, that drive energy, that produce energy, and that are used to push energy through, will have that representation. It might be able to strike some balance before this whole working group even gets together. So this doesn't affect money. It gives a voice to those that haven't had a voice. It'll probably put some balance to policy and decisions the PUC has made. And it gives those rural areas a seat at the table. And the governor historically hasn't given us a seat at the table. And this somewhat forces his hand to do that. I think this is a good amendment. I support it 110%. For those areas that do not have a voice, this solves that problem and it also solves the problem with money and it also finally solves the problem of the governor only appointing people from certain areas of the state. Great amendment. Vote yes.
Representative DeGraff.
I think the current situation doesn't so much represent one side, I think it represents one person. I like this one better because it's a larger font and I can read it a lot easier. But I think because it solves the monetary part, I think this is an easy ask. This would give the people that are in the disparate parts of Colorado some representation, some more accessible representation. Otherwise, they're going to come up here to Denver and try to talk to somebody who has absolutely no idea about their way of life, about anything outside of the urban corridor. This is a great amendment. This is easy. This is an easy take to make sure that actual Colorado is represented and not just the governor.
Rep. Aron.
Thank you, Madam Chair. Real quick, I want to commend my colleague for doing this on the fly. This is a great idea. Given my whole argument, and I know that we're in a fiscal crunch right now, this is a great in-between. It doesn't create a fiscal note. It still has representation in the whole state. I urge an aye vote.
Majority Leader Duran. Thank you, Madam Chair, and thank you to my colleagues for bringing the amendment. I think it's terrific because the working group that they will be assembling will now have and know exactly what your asks are and what you're thinking, So I so appreciate it, and I know those conversations will happen. And I know that the governor is required to look at diversity in that way, right, of counties in our rural areas. So I would ask for a no vote on this only because I'm rest assured that the working group, when they form together, will be having conversations, and they would have heard clearly from all of you your ask and what you're thinking. So thank you.
Dr Graff Just throw one more plug in for the legislative branch to actually put their stamp on this since it ultimately be the governor appointing the Senate rubber stamping
So right now, this would be the point where the legislation can put its stamp on this and say, this is how we want this to look. We want it to look this way. The governor can appoint accordingly, and then the Senate, with all the subseqiousness, can rubber stamp it.
Is there any further discussion on Amendment 43? Seeing none. The question before us is the pass of Amendment 43. All those in favor say aye. All those opposed, nay. Amendment 43 fails. To the bill. Is there any further discussion on House Bill 26-13-26 as amended? Seeing none, the question before us is the passage of House Bill 26-13-26 as amended. All those in favor say aye. Aye. All those no. All those nay. House Bill 26-13-26 as amended passes. Madam Majority Leader.
Thank you, Madam Chair. I move the committee rise and report.
You've heard the motion. The committee will rise and report. Thank you. Thank you. Thank you Thank you. Thank you. Thank you The House will come back to order.
Mr. Schiebel, the report of the Committee of the Whole. Madam Speaker, your Committee of the Whole begs leave to partisan consideration the following attached bills being the second reading thereof and makes the following recommendations. They're on House Bills 11-12 is amended and 13-26 is amended. Passed on second reading. Order engrossed and placed on the calendar for third reading and final passage. Senate Bills 15 is amended, 187 is amended, and 193 is amended. Passed on second reading. Order revised and placed on the calendar for third reading and final passage.
Representative Hamrick. Members, you have heard the motion. There are no amendments at the desk. The motion before us, yes. Cheers. The motion before us is the adoption of the report of the Committee of the Whole.
Mr. Schiebel, please open the machine and members proceed to vote. Representative Morrow, how do you vote? Yes. Representative Morrow votes yes. Representative Ricks, how do you vote?
Representative Ricks, you are on mute.
Representative Ricks is excused. Jackson Rootnell Weinberg, excused. Please close the machine.
With 40, aye, 19, no, and 6 excused, the report of the Committee of the Whole is adopted. Announcements and introductions. Representative Wilford.
Thank you very much, Madam Chair. Earlier this morning when I announced that the State Civic Military and Veterans Affairs Committee would be meeting, I failed to mention the location. We will be in the old state library 15 minutes upon adjournment, and we'll hear Senate Bills 186, 184, and 185. Thanks.
Thank you.
Representative Brown. Thank you, Madam Speaker. House Appropriations Committee will meet Monday at 8.30 in the morning. We will hear the bills that are listed on your calendar later today. So see you then. Thank you.
Madam Majority Leader.
Madam Speaker, I move to lay over the balance of the calendar until Monday, May 11, 2026. The balance of the calendar will be laid over until Monday, May 11.
Madam Majority Leader.
Madam Speaker, I move that the House stand in adjournment until Monday, May 11, 2026 at 10 a.m.
Thank you. Seeing no objection. Oh, joy. The House stands adjourned until Monday.
Oh, I'm sorry, Madam Speaker. I wanted to add that it will be relaxed dress also.
Members, before I adjourn us, we're going to adjust that appropriations committee time. Let's do it.
Representative Brown. Thank you, Madam Speaker. I'm going to move our Appropriations Committee to 9.30 in the morning based on what the Majority Leader said. So we will see you in the Old State Library at 9.30 a.m. on Monday.
Wonderful. The House is adjourned until Monday, May 11th, 10 a.m. Thank you.