Colorado Legislative Update for Businesses February 21, 2018
HB18-1150 (Perry Buck (R)) – Local Government Liable Fracking Ban Oil and Gas Moratorium
The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium. C3 and the broader business community has consistently supported this “takings” bill that reinforces mineral property rights.
HB18-1157 (Singer (D) & KC Becker (D)) – Concerning Increased Reporting of Oil and Gas Incidents
The bill requires oil and gas operators to file written reports with the Colorado Oil and Gas Conservation Commission and other affected stakeholders for each major and minor "reportable event". Operators must also give oral notice of major reportable events. Colorado already has the most strict regulatory environment for oil & gas develop including comprehensive reporting requirements.
HB 18-1182 (Ginal (D) & Landgraf(R)|Coram (R) & Court(D)) – Statewide System for Advance Directives
This bill would require the CDPHE to develop a statewide electronic system that allows for the uploads and access of advance directives which include declaration of medical treatment, medical power of attorney, and medical orders.
HB18-1185 (Kraft-Tharp (D) & Wist (R) | Neville (R) & Moreno (D)) – Concerning Changes To The State Income Tax Apportionment Statute
This bill would replace cost of performance sourcing of corporate income with a market source approach for purposes of corporate income taxation. Market sourcing allocates income to the state where the benefits are derived rather than where the service producing the income is performed. This simplifies administration and makes Colorado more attractive for service based industries.
HB18-1190 (Esgar (D) & McKean (R) | Tate (R) & Garcia (D)) Modify & Reauthorize Job Creation & Main Street Revitalization Act
This bill reauthorizes and extends the successful historical preservation tax credit for commercial structures. This tax credit has been used across the state, in both urban and many rural areas to help rehabilitate historic commercial buildings that have been abandoned or fallen into disrepair and become burdens to small town local governments or communities. This tax credit has had a positive economic development impact, especially in rural Colorado.
HB18-1195 (Pabon (D) | Tate (R)) – Tax Credit Contributions Organizations Affordable Housing
For income tax years 2019 to 2030, the bill creates a 50% state income tax credit for a donation to an eligible developer for the construction of affordable housing projects. C3 has already supported the extension of an affordable housing credit aimed at rental units. This bill is targeted at affordable owner-occupied housing.
HB18-1207 (Kennedy (D) & Rankin (R) | Smallwood (R) & Moreno (D)) - Hospital Financial Transparency Measures
This bill requires the Colorado Department of Healthcare Policy and Finance in consultation with the Colorado healthcare affordability and sustainability enterprise board to prepare an annual report to the Governor and appropriate legislative committees. This report will be compiled from publicly available data when available and will include at a minimum a description of the methods of analysis and definitions of report components by payer group, uncompensated care costs by payer group, and the percentage that different categories of expenses contribute to the overall expenses of hospitals.
SB18-062 (Moreno (D)) – Snow Removal Service Liability Limitation
The bill voids provisions in snow and ice removal contracts that require one party to indemnify the other party for damages, hold the other party harmless for damages, and provide for the defense of the other party in a liability lawsuit. Businesses should be free to contract and allocate risk as they best see fit.
SB18-108 (Coram (R) & Crowder (R) | Singer (D) & Arndt (D)) – Eligibility Colorado Road and Community Safety Act
A 2013 law provided drivers licenses to all Colorado residents, regardless of immigration status. This bill clarifies eligibility of identification documents and streamlines the renewals process, in a useful step for Colorado’s agricultural industry and its workforce shortages.
SB18-146 (Smallwood (R) & Kefalas (D) | Singer (D) & Sias (R)) – Concerning A Requirement That A Free Standing Emergency Department Inform A Person Seeking Emergency Medical Treatment About The Health Care Options Available To Such Person
This bill would require Free Standing Emergency Departments (FSEDs) to notify persons seeking emergency care that, among other things, the facility is not an urgent care, that the patient has certain rights about cost and treatment options and of any facility fees that the patient might have to pay. In addition, the FSED must post the cost of the 25 most common services it provides and whether it accepts Medicare and Medicaid or not. The cost of care in inappropriate settings has been a serious issue for insurers and businesses purchasing health insurance for several years and the expansion of the FSED model has aggravated cost problems. As a result, C3 has supported efforts to expand regulation of FSEDs in the past.