Transfer from repealed cash fund - repeal. (Repealed)

Source: L. 2020: Entire section added, (HB 20-1406), ch. 178, p. 812, � 9, effective June 29.

Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2020. (See L. 2020, p. 812.)

24-75-224.5. Transfers from repealed cash funds to the general fund - repeal. (1) On June 30, 2025, the state treasurer shall transfer the balance of the following cash funds to the general fund:

(a) The rural schools cash fund created in section 22-54-142 (5), as it existed prior to its repeal on July 1, 2023;

(b) The teacher residency expansion program fund created in section 22-60.3-106, as it existed prior to its repeal on July 1, 2023; and

(c) The public education fund created in section 39-22-4203, as it existed prior to its repeal on January 1, 2019.

(2) On July 1, 2025, the state treasurer shall transfer the balance of the nutrients grant fund created in section 25-8-608.5, as it existed prior to its repeal on September 1, 2016, to the general fund.

(3) This section is repealed, effective July 1, 2026.

Source: L. 2025: Entire section added, (SB 25-264), ch. 129, p. 505, � 30, effective April 25.

24-75-225. Care subfund - creation - administration - transfer - legislative declaration. (1) The care subfund is created in the general fund. The subfund consists of seventy million dollars transferred to the general fund in accordance with the governor's executive order D 2020 070. Money in the subfund is subject to appropriation by the general assembly for allowable expenditures under section 42 U.S.C. 801 (d).

(2) A state department that receives an appropriation from the care subfund shall comply with any reporting or record-keeping requirements established by the state controller or the office of state planning and budgeting for the federal funds included in the subfund.

(3) Any money transferred from the care subfund to another cash fund is subject to the reporting and record-keeping requirements set forth in subsection (2) of this section. If as of December 31, 2021, there is any unexpended money that originated from the care subfund in another cash fund, then the state treasurer shall transfer the unexpended amount from the cash fund to the subfund prior to the transfer required in subsection (4)(a) of this section.

(4) (a) Just prior to the close of business on December 31, 2021, any unexpended appropriations from the care subfund revert to the subfund, and the state treasurer shall transfer the final balance in the subfund to the unemployment compensation fund, created in section 8-77-101 (1).

(b) The general assembly hereby finds and declares that:

(I) The public health emergency caused by COVID-19 caused a historic increase in unemployment in the state and this has caused a dramatic increase in the number of claims for benefits from the unemployment compensation fund;

(II) As a result, it is estimated that the unemployment compensation fund will have a deficit of approximately two billion dollars by the end of the fiscal year 2020-21;

(III) These costs will not be reimbursed by the federal government, nor are they accounted for in the budget approved as of March 27, 2020;

(IV) The United States department of treasury has stated that payments to the state unemployment insurance fund are an allowable use of the money from the federal coronavirus relief fund, under section 42 U.S.C. 801 (d); and

(V) The transfer from the care subfund to the state unemployment compensation fund is a necessary expenditure incurred due to the public health emergency with respect to COVID-19.

(c) The money transferred from the care subfund is not a grant to the unemployment compensation fund under section 24-77-102 (7)(b)(III).

Source: L. 2020: Entire section added, (HB 20-1417), ch. 117, p. 489, � 1, effective June 22. L. 2021: (3) and (4)(a) amended, (SB 21-178), ch. 134, p. 547, � 4, effective May 13.

Cross references: For the legislative declaration in SB 21-178, see section 1 of chapter 134, Session Laws of Colorado 2021.

24-75-226. American Rescue Plan Act of 2021 cash fund - creation - recipient funds - limitations - reporting - appropriations - reduction in general fund appropriations - report - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(a.5) Coronavirus state fiscal recovery fund means the federal fund created in 42 U.S.C. sec. 802, or any successor fund.

(a.7) Discretionary account means the discretionary account created in the fund in subsection (4)(a)(II) of this section.

(b) Fund means the American Rescue Plan Act of 2021 cash fund created in subsection (2) of this section.

(c) Office means the office of state planning and budgeting created in section 24-37-102.

(c.5) Personal services has the same meaning as set forth in section 24-75-112 (1)(m).

(d) Recipient fund means a cash fund that includes any money that at one time was in the American Rescue Plan Act of 2021 cash fund created in subsection (2) of this section.

(e) Secretary means the secretary of the treasury of the United States.

(f) Subrecipient means a person that receives money from the fund or a recipient fund to carry out a program or project on behalf of the state but that is not a beneficiary of the services or benefits provided through the program or project.

(2) The American Rescue Plan Act of 2021 cash fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsections (3) and (3.5) of this section.

(3) (a) From the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle M of the American Rescue Plan Act of 2021, the state treasurer shall transfer three billion four hundred forty-eight million seven hundred sixty-one thousand seven hundred ninety dollars, and any interest and income earned thereon, to the fund on June 11, 2021.

(b) The state treasurer shall deposit in the fund any money that a local government receives from the federal coronavirus local fiscal recovery fund and transfers to the state under section 9901 of title IX, subtitle M of the American Rescue Plan Act of 2021.

(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the state emergency reserve cash fund created in section 24-77-104 (6)(a).

(d) The fund also includes the amount transferred to the fund in accordance with section 24-75-228 (3.5)(a).

(3.5) On June 30, 2024, the state treasurer shall transfer to the fund the following amounts from money that originated from the money the state received from the coronavirus state fiscal recovery fund from the following recipient funds, including a companion fund or any account in the fund, at the end of the 2023-24 state fiscal year:

(a) Two hundred forty-eight million two hundred forty-four thousand eighty-three dollars and sixty-two cents from the discretionary account, created in subsection (4)(a)(II) of this section;

(b) Two hundred sixty-eight million seven hundred forty-four thousand three hundred forty-two dollars and seventy-one cents from the behavioral and mental health cash fund, created in section 24-75-230;

(c) Fourteen million five hundred thousand dollars from the broadband administrative fund, created in section 24-37.5-119;

(d) Seven million one hundred thirty-four thousand two hundred eighty-two dollars from the Colorado economic development fund, created in section 24-46-105;

(e) Ten million three hundred sixty-eight thousand one hundred fifty-nine dollars from the Colorado heritage communities fund, created in section 24-32-3207;

(f) Twenty-one million five hundred forty-five thousand three hundred seven dollars from the Colorado opportunity scholarship initiative fund, created in section 23-3.3-1005;

(g) Seven million dollars from the Colorado water conservation board construction fund, created in section 37-60-121;

(h) Ninety million nine hundred eighty thousand dollars from the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund, created in section 24-32-732;

(i) Eleven million two thousand five hundred twenty-nine dollars from the digital inclusion grant program fund, created in section 24-37.5-904;

(j) One hundred thirty-five million eight hundred seventy-five thousand five hundred forty-eight dollars and fifty-four cents from the economic recovery and relief cash fund, created in section 24-75-228;

(k) Three million dollars from the healthy forests and vibrant communities fund, created in section 23-31-313;

(l) Twenty thousand dollars from the housing development grant fund, created in section 24-32-721;

(m) Twenty-nine million two hundred nine thousand five hundred seventy-six dollars from the infrastructure and strong communities grant program fund, created in section 24-32-133;

(n) Seventeen million dollars from the judicial department information technology cash fund, created in section 13-32-114;

(o) One hundred twenty-five million six hundred thousand dollars from the local investments in transformational affordable housing fund, created in section 24-32-729;

(p) Ninety-six million one hundred sixty thousand dollars from the multimodal transportation and mitigation options fund, created in section 43-4-1103;

(q) Forty-nine million six hundred fifty-two thousand nine hundred thirty-six dollars from the regional navigation campus cash fund, created in section 24-32-727;

(r) Sixty-eight million seven hundred thirty thousand dollars from the regional talent development initiative grant program fund, created in section 24-48.5-406;

(s) Two hundred ninety-nine million three hundred sixty-two thousand three hundred two dollars and seventy-three cents from the revenue loss restoration cash fund, created in section 24-75-227;

(t) Two million three hundred thousand dollars from the rural provider access and affordability fund, created in section 25.5-1-207;

(u) Seventy-five million three hundred thirty thousand dollars from the state highway fund, created in section 43-1-219;

(v) Forty thousand dollars from the wildfire mitigation capacity development fund, created in section 24-33-117; and

(w) Twenty-two million two hundred twelve thousand three hundred ninety-nine dollars and fourteen cents from the workers, employers, and workforce centers cash fund, created in section 24-75-231.

(3.6) On June 30, 2025, the state treasurer shall transfer from the fund to the following recipient funds the following amounts of money that originated from the money the state received from the coronavirus state fiscal recovery fund:

(a) Two million two hundred fourteen thousand seven hundred forty-three dollars and thirty-two cents to the behavioral and mental health cash fund, created in section 24-75-230;

(b) Three million one hundred seventy-two thousand three hundred sixteen dollars and fifty-six cents to the Colorado heritage communities fund, created in section 24-32-3207;

(c) Nine million three hundred thirty-four thousand eight hundred seventy-two dollars and ninety-nine cents to the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund, created in section 24-32-732;

(d) Five million seven hundred one thousand nine hundred twenty-five dollars and forty-eight cents to the economic recovery and relief cash fund, created in section 24-75-228;

(e) Thirty-two thousand nine hundred eighty-eight dollars to the healthy forests and vibrant communities fund, created in section 23-31-313;

(f) Seventeen million five hundred twenty-two thousand five hundred ninety dollars and fifty-five cents to the local investments in transformational affordable housing fund, created in section 24-32-729;

(g) Fifteen million three hundred sixty thousand eight hundred fifty-two dollars to the regional navigation campus cash fund, created in section 24-32-727;

(h) Ten million six hundred eighty-two thousand sixty-six dollars and fifty-five cents to the revenue loss restoration cash fund, created in section 24-75-227; and

(i) Ten million nine hundred seventy-three thousand five hundred eighty-two dollars and twenty-five cents to the state highway fund, created in section 43-1-219.

(4) (a) (I) The general assembly shall not appropriate money from the fund except as described in this subsection (4)(a) and subsection (5)(f) of this section. The general assembly may transfer money in the fund to another cash fund that is established for the purpose of using the money from the federal coronavirus state fiscal recovery fund. Transfers from the fund to the general fund are prohibited. A department shall not use money appropriated pursuant to this subsection (4) for any purpose prohibited by the American Rescue Plan Act of 2021. A department shall comply with all requirements set forth in this section.

(II) If there is any of the money transferred to the fund under subsection (3)(a) of this section remaining in the fund after any transfers from the fund required by bills enacted during the 2021 regular legislative session, then, of the remainder in the fund, the lesser of three hundred million dollars or the remainder is placed in the discretionary account, which is created in the fund, and is continuously appropriated to any department designated by the governor for any allowable purpose under the American Rescue Plan Act of 2021.

(III) The money specified in subsection (3)(d) of this section is placed in the discretionary account and is continuously appropriated to any department designated by the governor for any expenditures necessary to respond to the public health emergency with respect to COVID-19.

(IV) For the 2023-24 state fiscal year, the general assembly shall appropriate money from the fund to any departments for personal services that were paid from the general fund in state fiscal year 2023-24.

(V) For the 2024-25 state fiscal year, the general assembly shall appropriate the balance of the fund, excluding money remaining in the discretionary account. The general assembly may make the required appropriations to any department for personal services and for other purposes permitted under the American Rescue Plan Act of 2021. Any money appropriated pursuant to this subsection (4)(a)(V) must be obligated as required in subsection (4)(d) of this section and expended on or before January 31, 2025.

(b) A department may expend money appropriated from the fund or a recipient fund for purposes permitted under the American Rescue Plan Act of 2021 and shall not use the money for any purpose prohibited by the act.

(c) (I) Notwithstanding any provision of law to the contrary, in order to ensure proper accounting for and compliance with the American Rescue Plan Act of 2021, whenever money is transferred or appropriated to a recipient fund that also has money from other sources, the state controller or department controller shall create a companion cash fund that includes only the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle M of the American Rescue Plan Act of 2021, but that is otherwise legally identical to the recipient fund, except as otherwise provided in subsection (4)(c)(II) of this section. The state controller may prescribe procedures to permit continued use of companion funds, with proper segregation of fund sources through completion of a project, for any money appropriated for a use permitted pursuant to the American Rescue Plan Act of 2021 that is partially refinanced.

(II) Notwithstanding any provision of law to the contrary, the state treasurer shall credit all interest and income derived from the deposit and investment of money in a recipient fund that originates from money the state received from the federal coronavirus state fiscal recovery fund to the state emergency reserve cash fund created in section 24-77-104 (6)(a).

(d) (I) Money in the fund or a recipient fund that originated from the coronavirus state fiscal recovery fund must be expended or obligated by December 31, 2024. Just prior to the close of business on December 30, 2024, any unexpended appropriations from a recipient fund that is of money that originated from the coronavirus state fiscal recovery fund and that remained in the recipient fund after the reversion described in subsection (4.2) of this section that are not for expenditures to be made after December 31, 2024, that were obligated before that date, revert to the American Rescue Plan Act of 2021 cash fund, and the state treasurer shall transfer the unexpended and unobligated balance in the fund to the unemployment compensation fund created in section 8-77-101 (1). Any money that originated from the coronavirus state fiscal recovery fund that is obligated by December 31, 2024, must be expended by December 31, 2026. Effective December 31, 2026, the state controller shall transmit any unexpended money in the fund or a recipient fund to the United States department of the treasury. Money in a recipient fund that did not originate from the coronavirus state fiscal recovery fund must be expended in accordance with any applicable law or appropriation.

(II) A subrecipient must spend money received from the fund or a recipient fund by December 11, 2026. On or before December 11, 2026, the subrecipient shall return to the state any remaining money under terms dictated by the state controller and thereafter the state controller shall transmit the money to the United States department of the treasury in accordance with the treasury's requirements.

(III) Money in the fund or in a recipient fund that originated from the coronavirus state fiscal recovery fund is obligated when it is obligated in accordance with the American Rescue Plan Act of 2021 and any federal rules promulgated thereunder. The obligation criteria in the American Rescue Plan Act of 2021 and federal rules do not apply to money in the fund or in a recipient fund that did not originate from the coronavirus state fiscal recovery fund. Money that did not originate from the coronavirus state fiscal recovery fund that is not obligated by an applicable deadline in state law does not revert and remains available for expenditure in accordance with any applicable appropriation. The state controller shall determine whether money is obligated for purposes of determining the deadline for expenditures and the reversion or repayment of money in accordance with this subsection (4)(d).

(4.1) (a) (I) Effective June 30, 2024, the amount of general fund money appropriated in a line item for personal services expenses in the general appropriation act for state fiscal year 2023-24, Senate Bill 23-214, is reduced by the amount of federal funds appropriated pursuant to subsection (4)(a)(IV) of this section that were spent for personal services in the line item.

(II) Effective November 30, 2024, the amount of general fund money appropriated in a line item for personal services expenses in the general appropriation act for state fiscal year 2024-25, House Bill 24-1430, is reduced by the amount of federal funds appropriated pursuant to subsection (4)(a)(V) of this section that were spent for personal services in the line item.

(b) To the extent permitted by federal law, the governor and a department that is appropriated money that originated from the fund shall spend the money for the purpose for which it is appropriated before spending money from any other source for the same purpose.

(c) For the purpose of balancing the state budget as required by article X of the state constitution during the 2024 regular legislative session, the amounts appropriated in the general appropriation acts for state fiscal year 2023-24, Senate Bill 23-214, and state fiscal year 2024-25, House Bill 24-1430, to each department for personal services is reduced by the amount appropriated from the fund for the department's personal services for the applicable state fiscal year.

(4.2) (a) (I) On December 1, 2024, any unspent and unobligated money that originated from the coronavirus state fiscal recovery fund, other than money designated for personal services or other operating costs as described in subsection (4.2)(a)(II) of this section, that is in the fund, a recipient fund, or the discretionary account reverts to the fund. Money that reverts to the fund pursuant to this subsection (4.2) is continuously appropriated until January 31, 2025, to any department designated by the governor for any purpose for which a general fund appropriation was made in the general appropriation act for state fiscal year 2024-25, House Bill 24-1430.

(II) On or before November 30, 2024, the office shall determine the amount of unspent and unobligated money in the fund, a recipient fund, or the discretionary account that originated from the coronavirus state fiscal recovery fund that will be spent by a department for personal services and other operating costs on or before January 31, 2025, and shall report that amount to the state controller. Pursuant to subsection (4.2)(a)(I) of this section, money designated for personal services and other operating costs reported to the state controller does not revert to the fund on December 1, 2024.

(b) Effective January 31, 2025, the amount of general fund money appropriated in a line item in the general appropriation act for state fiscal year 2024-25, House Bill 24-1430, is reduced by the amount of federal money that originated from the coronavirus state fiscal recovery fund appropriated pursuant to subsection (4.2)(a) of this section and that was spent for the line item.

(4.3) (a) (I) After December 31, 2024, any money in a recipient fund that originated from the coronavirus state fiscal recovery fund that was obligated as of December 31, 2024, but not expended on an eligible activity upon a qualifying event or at the conclusion of the appropriation reverts to the fund. Money that reverts to the fund pursuant to this subsection (4.3) is continuously appropriated through December 31, 2026, to any department designated by the governor for an alternate eligible use or for any purpose for which a general fund appropriation was made and an obligation was incurred, as required in subsection (4)(d) of this section, before December 31, 2024.

(II) As used in this subsection (4.3), unless the context otherwise requires:

(A) Alternate eligible use means an eligible use for which money that originated from the coronavirus state fiscal recovery fund that becomes available after a qualifying event may be obligated and expended in accordance with federal law, as explained in guidance from the United States department of the treasury.

(B) Qualifying event means an event that results in money that originated from the coronavirus state fiscal recovery fund becoming unable to be spent for the purpose obligated and that may be reclassified to an alternate eligible use in accordance with federal law, as explained in guidance from the United States department of the treasury.

(b) Effective on the date of the applicable reversion, the amount of general fund money appropriated in a line item in the general appropriation act for the state fiscal year in which the reversion occurred is reduced by the amount of federal money that originated from the coronavirus state fiscal recovery fund appropriated pursuant to subsection (4.3)(a) of this section and that was spent for the line item.

(5) (a) (I) The state controller shall provide periodic reports to the secretary as required by the secretary under the American Rescue Plan Act of 2021. The department of revenue shall provide the state controller with any information required by the secretary about any reductions or increases in net tax revenue.

(II) The general assembly hereby finds and declares that:

(A) Under 42 U.S.C. sec. 802 (c)(1)(C), the state is permitted to use money received from the coronavirus state fiscal recovery fund for the provision of government services to the extent of the reduction in the state's revenue due to the COVID-19 public health emergency relative to the revenues the state collected for the state fiscal year 2018-19;

(B) The United States department of the treasury has promulgated a rule to establish the methodology for the state to calculate a recipient government's annual reduction in revenue for the four calendar years beginning in 2020;

(C) As of May 27, 2022, the state reported a reduction for the 2020 and 2021 calendar years that totals three billion six hundred ninety-four million six hundred fifty-three thousand two hundred forty-nine dollars;

(D) This amount exceeds the total of all the funds that have yet to be reported to the United States department of the treasury; and

(E) Therefore, any money in the fund or transferred from the fund to a recipient fund is available to be reported as being an expenditure for the provision of government services.

(III) The state controller may report the expenditure of any money in or transferred from theAmerican Rescue Plan Act of 2021 that originated from the coronavirus state fiscal recovery fund as a government service to the extent of the reduction in the state's revenue due to the COVID-19 public health emergency relative to the revenues the state collected for the state fiscal year 2018-19, if the description is applicable, regardless of whether the purpose of the expenditure is also described as being to respond to the public health emergency with respect to COVID-19 or its negative economic impacts.

(b) The office and the state controller shall establish compliance requirements concerning the use of money that originated from the coronavirus state fiscal recovery fund for any department that receives an appropriation from the fund or a recipient fund or any person that receives money from a department. The office and the state controller may establish compliance requirements for money that originates from the ARPA refinance state money cash fund created in section 24-75-226.5. If a department or person fails to comply with these requirements, then:

(I) A department shall, with approval by the office and state controller, identify the best method and fund source to be used to repay the fund or a recipient fund for the money expended on noncompliant functions, and, to the extent feasible, repay the fund or recipient fund;

(II) A person shall, to the extent possible, repay any money received by the state from the fund or recipient fund that is related to the noncompliance; and

(III) The state controller may, in his or her discretion, reduce or eliminate all unexpended appropriations from the fund or a recipient fund for the department.

(c) The office and the state controller shall establish reporting and record-keeping requirements for any department that expends money from the fund or a recipient fund or any person that receives the money from a department. To expend money from the fund or recipient fund, a department and the person must comply with these requirements.

(d) The office shall provide guidance on program evaluation, including exemptions from evaluation, evaluation criteria, implementation guidance, and selection of independent evaluators. To expend money from the fund or a recipient fund, a department or person that receives money from a department must comply with any program evaluation requirements established by the office.

(e) The office shall provide the joint budget committee with a yearly performance report that consists of the information that the state controller provides the secretary under subsection (5)(a) of this section and any other information, including program evaluation information, that the office determines to be relevant. Money in the fund or a recipient fund is not subject to the reporting requirements set forth in section 24-33.5-717.

(f) The general assembly may appropriate money from the fund or the revenue loss restoration cash fund created in section 24-75-227 to the department of personnel for use by the state controller and to the office for any direct or indirect expenses related to the administration of this subsection (5).

(g) The compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller apply to a person regardless of whether the person is a beneficiary or a subrecipient and regardless of whether the person receives the money directly from a department or from a subrecipient.

(6) Money transferred to the state highway fund and the multimodal transportation and mitigation options fund in accordance with section 24-75-219 (7), to the workers, employers, and workforce centers cash fund in accordance with section 24-75-231 (2)(b)(III), and to the revenue loss restoration cash fund in accordance with section 24-75-227 (2)(b)(III)(A) are subject to the requirements of this section as if they were recipient funds.

(6.5) (a) The governor and the state controller shall jointly submit a report to the joint budget committee, the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate, as described in this subsection (6.5).

(b) On or before September 15, 2024, the governor and state controller shall submit a report that includes:

(I) The total expenditure by the state of money that originated from the coronavirus state fiscal recovery fund and related adjustments to the general fund, as described in subsection (4.1) of this section, including the amount expended from the fund by each department for personal services for the 2023-24 state fiscal year from the money appropriated pursuant to subsection (4)(a)(IV) of this section; and

(II) An explanation of any further actions that the governor and any state department will take to ensure that money that originated from the coronavirus state fiscal recovery fund is fully expended in compliance with the American Rescue Plan Act of 2021.

(c) On or before February 15, 2025, the governor and the state controller shall submit a report that includes updated information about each of the subjects required in the report described in subsection (6.5)(b)(I) of this section and any expenditure from the fund pursuant to subsection (4.2) of this section, including the amount expended from the fund by each department as of December 31, 2024.

(7) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (SB 21-288), ch. 221, p. 1165, � 1, effective June 11. L. 2022: (3)(c) and (4)(c) amended, (HB 22-1342), ch. 137, p. 919, � 1, effective April 25; (1)(a.5), (1)(f), (3)(d), and (5)(g) added and (4)(a), (4)(d), (5)(a), (5)(f), and (6) amended, (HB 22-1411), ch. 271, p. 1952, � 1, effective May 27. L. 2024: (1)(a.7), (1)(c.5), (3.5), (4.1), (4.2), (4.3), and (6.5) added and (2), (4)(a), (4)(c)(I), (4)(d), IP(5)(b), and (5)(f) amended, (HB 24-1466), ch. 429, p. 2923, � 2, effective June 5. L. 2025: (3.6) added and (4.3)(a) amended, (SB 25-312), ch. 301, p. 1533, � 1, effective May 30.

Editor's note: This section takes effect June 11, 2021; however, section 4(2) of chapter 221 (SB 21-288), Session Laws of Colorado 2021, provides that subsection (6) of this section takes effect only if SB 21-260 (chapter 250) becomes law and takes effect either upon the effective date of SB 21-288 or SB 21-260, whichever is later. SB 21-288 became law and took effect June 11, 2021, and SB 21-260 took effect June 17, 2021.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-226.5. ARPA refinance state money cash fund - creation - reduction in general fund appropriations - legislative intent - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) Cash fund means the ARPA refinance state money cash fund created in this section.

(c) Companion fund means a companion cash fund created by the state controller pursuant to section 24-75-226 (4)(c) that is associated with a cash fund and that includes only the money the state received from the coronavirus state fiscal recovery fund.

(d) Coronavirus state fiscal recovery fund has the same meaning as set forth in section 24-75-226 (1)(a.5).

(e) Refinance discretionary account means the refinance discretionary account created in the cash fund pursuant to subsection (1)(c) of this section.

(2) (a) The ARPA refinance state money cash fund is created in the state treasury. The cash fund consists of money transferred to the cash fund pursuant to subsection (3) of this section and any other money that the general assembly may appropriate or transfer to the cash fund.

(b) In accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the cash fund to the general fund.

(c) (I) There is created in the cash fund the refinance discretionary account. The refinance discretionary account consists of money credited to the account pursuant to subsection (4)(a) of this section. The account is continuously appropriated to any department designated by the governor for any allowable purpose under the American Rescue Plan Act of 2021, including expenditures necessary to respond to the public health emergency with respect to COVID-19.

(II) On June 30, 2025, the state treasurer shall transfer from the refinance discretionary account to the general fund six million eight hundred seventy-seven thousand two hundred thirty-one dollars and sixty-four cents of money that did not originate from the money the state received from the coronavirus state fiscal recovery fund.

(III) Within three days after August 28, 2025, the state treasurer shall transfer ten million dollars from the refinance discretionary account to the health insurance affordability cash fund created in section 10-16-1206 (1).

(3) On July 1, 2024, the state treasurer shall transfer one billion three hundred ninety-four million six hundred twenty-three thousand six hundred sixteen dollars and sixty-two cents from the general fund to the cash fund.

(4) On July 1, 2024, the state treasurer shall transfer the following amounts from the cash fund:

(a) Two hundred forty-eight million two hundred forty-four thousand eighty-three dollars and sixty-two cents to the refinance discretionary account created in the cash fund pursuant to subsection (2)(c) of this section;

(b) Two hundred twelve million eight hundred eighty-one thousand five hundred seventy-six dollars to the behavioral and mental health cash fund, created in section 24-75-230;

(c) Fourteen million five hundred thousand dollars to the broadband administrative fund, created in section 24-37.5-119;

(d) Seven million one hundred thirty-four thousand two hundred eighty-two dollars to the Colorado economic development fund, created in section 24-46-105;

(e) Ten million three hundred sixty-eight thousand one hundred fifty-nine dollars to the Colorado heritage communities fund, created in section 24-32-3207;

(f) Eleven million five hundred forty-five thousand three hundred seven dollars to the Colorado opportunity scholarship initiative fund, created in section 23-3.3-1005;

(g) Seven million dollars to the Colorado water conservation board construction fund, created in section 37-60-121;

(h) Ninety million nine hundred eighty thousand dollars to the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund, created in section 24-32-732;

(i) Eleven million two thousand five hundred twenty-nine dollars to the digital inclusion grant program fund, created in section 24-37.5-904;

(j) One hundred twenty-nine million two hundred ninety-three thousand two hundred forty-two dollars to the economic recovery and relief cash fund, created in section 24-75-228;

(k) Three million dollars to the healthy forests and vibrant communities fund, created in section 23-31-313;

(l) Twenty thousand dollars to the housing development grant fund, created in section 24-32-721;

(m) Twenty-nine million two hundred nine thousand five hundred seventy-six dollars to the infrastructure and strong communities grant program fund, created in section 24-32-133;

(n) Seventeen million dollars to the judicial department information technology cash fund, created in section 13-32-114;

(o) One hundred twenty-five million six hundred thousand dollars to the local investments in transformational affordable housing fund, created in section 24-32-729;

(p) Ninety-six million one hundred sixty thousand dollars to the multimodal transportation and mitigation options fund, created in section 43-4-1103;

(q) Forty-nine million six hundred fifty-two thousand nine hundred thirty-six dollars to the regional navigation campus cash fund, created in section 24-32-727;

(r) Sixty-eight million seven hundred thirty thousand dollars to the regional talent development initiative grant program fund, created in section 24-48.5-406;

(s) One hundred sixty-three million five hundred forty-one thousand five hundred sixty-five dollars to the revenue loss restoration cash fund, created in section 24-75-227;

(t) Two million three hundred thousand dollars to the rural provider access and affordability fund, created in section 25.5-1-207;

(u) Seventy-five million three hundred thirty thousand dollars to the state highway fund, created in section 43-1-219;

(v) Forty thousand dollars to the wildfire mitigation capacity development fund, created in section 24-33-117; and

(w) Twenty-one million ninety thousand three hundred sixty-one dollars to the workers, employers, and workforce centers cash fund, created in section 24-75-231.

(5) (a) The money in the cash fund is subject to annual appropriation by the general assembly.

(b) It is the intent of the general assembly that money be appropriated from the cash fund as necessary to maintain the funding for programs initially funded by money that originated from the coronavirus state fiscal recovery fund.

(6) Money that originated from the cash fund that was transferred to another fund, other than the money in the refinance discretionary account, must be spent by December 31, 2026. Effective December 31, 2026, the state controller shall transmit any unexpended and unencumbered money transferred to a fund, other than the refinance discretionary account, pursuant to subsection (4) of this section that remains in that fund to the cash fund.

(7) On January 2, 2027, the state treasurer shall transfer all unexpended and unencumbered money in the cash fund, other than the money in the refinance discretionary account, to the general fund.

(8) On June 1, 2027, the state treasurer shall transfer all unexpended money in the refinance discretionary account to the general fund.

(9) This section is repealed, effective July 1, 2027.

Source: L. 2024: Entire section added, (HB 24-1466), ch. 429, p. 2929, � 3, effective June 5. L. 2025: (2)(c) amended, (SB 25-312), ch. 301, p. 1535, � 2, effective May 30. L. 2025, 1st Ex. Sess.: (2)(c)(III) added, (HB 25B-1006), ch. 10, p. 64, � 15, effective August 28.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-227. Revenue loss restoration cash fund - creation - allowable uses - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) Department means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) Fund means the revenue loss restoration cash fund created in subsection (2) of this section.

(2) (a) The revenue loss restoration cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section and section 24-75-229 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. Subject to the limitations set forth in subsection (3) of this section, the general assembly may appropriate money from the fund to a department for the provision of government services, including kindergarten through twelfth grade public education, housing, state employees, asset maintenance, seniors, criminal justice, state parks, agriculture, and transportation infrastructure. The general assembly may transfer money from the fund to another cash fund to be used for the provision of such government services.

(b) (I) Three days after June 24, 2021, the state treasurer shall transfer one billion dollars from the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 to the fund.

(II) Repealed.

(III) The fund also includes:

(A) Five million five hundred sixty-three thousand nine hundred eighty-eight dollars from the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of Title IX, subtitle M of the American Rescue Plan Act of 2021, which the state treasurer shall transfer to the fund;

(B) The amounts transferred to the fund in accordance with section 24-75-228 (3.5)(b) and (3.7); and

(C) The amount transferred to the fund in accordance with section 8-13.3-518 (4)(d)(II).

(3) (a) The total amount that the general assembly appropriates or transfers from the fund shall not exceed:

(I) Three hundred fifty-seven million dollars for the fiscal year 2021-22; and

(II) Three hundred thirty-three million dollars for the fiscal year 2022-23.

(III) (Deleted by amendment, L. 2024.)

(b) (I) If the amount appropriated, expended, or transferred in a fiscal year from the fund is less than the limit specified in subsection (3)(a) of this section, then the general assembly may appropriate or transfer the remainder for any later fiscal year.

(II) The limit specified in this subsection (3) does not apply to any amount appropriated from the fund for the 2022-23 fiscal year for capital construction, capital renewal, or controlled maintenance, as each term is defined in section 24-30-1301.

(c) On and after January 1, 2022, the general assembly may only appropriate money from the fund through the annual general appropriation act or a supplemental appropriation act.

(3.5) Notwithstanding the limitation in subsection (3)(c) of this section, on July 1, 2022, the state treasurer shall transfer twenty-four million one hundred thirty-one thousand three hundred ninety dollars from the fund to the judicial department information technology cash fund created in section 13-32-114.

(3.7) Notwithstanding any provision of this section to the contrary, no later than three days after May 25, 2022, the state treasurer shall transfer six hundred million dollars from the revenue loss restoration cash fund created in subsection (2) of this section to the title XII repayment fund created in section 8-77-103 (3)(a).

(3.8) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund twelve million four hundred sixty-one thousand four hundred ninety-four dollars and ten cents of money that did not originate from the money the state received from the coronavirus state fiscal recovery fund.

(3.9) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(4) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (SB 21-289), ch. 316, p. 1951, � 1, effective June 24. L. 2022: (2)(a) and (3)(b) amended, (HB 22-1340), ch. 141, p. 934, � 1, effective April 25; (2)(b)(II) repealed, (HB 22-1342), ch. 137, p. 922, � 10, effective April 25; (3.5) added, (HB 22-1335), ch. 131, p. 898, � 3, effective April 25; (3.7) added, (SB 22-234), ch. 224, p. 1623, � 12, effective May 25; (2)(b)(III) added, (HB 22-1411), ch. 271, p. 1955, � 2, effective May 27. L. 2023: (2)(b)(III)(A) and (2)(b)(III)(B) amended and (2)(b)(III)(C) added, (SB 23-234), ch. 104, p. 378, � 2, effective April 24. L. 2024: (2)(a) and (3)(a) amended and (3.9) added, (HB 24-1466), ch. 429, p. 2934, � 8, effective June 5. L. 2025: (3.8) added, (SB 25-312), ch. 301, p. 1535, � 3, effective May 30.

Cross references: For the legislative declaration in HB 22-1335, see section 1 of chapter 131, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-228. Economic recovery and relief cash fund - creation - allowable uses - interim task force - report - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) Department means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) Fund means the economic recovery and relief cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).

(2) (a) The economic recovery and relief cash fund is hereby created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (3) of this section and any other money that the general assembly may appropriate or transfer to the fund. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts or for the provision of government services, the general assembly may appropriate or transfer money from the fund to a department for the following uses:

(I) Assistance to small businesses;

(II) Assistance to individuals and households;

(III) Assistance to nonprofit organizations;

(IV) Public health expenditures for COVID-19 prevention and response, including expenditures for public health staff;

(V) Administrative costs associated with COVID-19 public health emergency assistance programs;

(VI) Aid to impacted industries;

(VII) Assistance to unemployed workers;

(VIII) Contributions to the unemployment compensation fund created in section 8-77-101 (1); and

(IX) Relief efforts for unmet needs, especially for communities disproportionately impacted by the COVID-19 pandemic.

(b) In addition to the uses set forth in subsection (2)(a) of this section:

(I) The general assembly may appropriate money to a department from the fund or transfer the money to another cash fund to make necessary investments in water, sewer, or broadband infrastructure.

(II) (A) The general assembly hereby finds and declares that many businesses in the state, large and small, and especially businesses in rural areas, sustained significant negative economic impacts as a result of the COVID-19 pandemic and it is therefore important and appropriate that any economic development efforts undertaken with money from the fund to support the state's businesses meet the purpose of responding to the COVID-19 pandemic or its negative economic consequences as specified under the American Rescue Plan Act of 2021.

(B) Fifteen days after June 21, 2021, forty million dollars shall be transferred to the Colorado economic development fund created in section 24-46-105. Subject to the requirements in subsection (2)(a) of this section and section 24-75-226 (4)(b), the Colorado office of economic development shall use ten million dollars to incentivize or support businesses in rural Colorado or to undertake any other economic development activity in rural Colorado permitted in section 24-46-105 in response to the negative economic impacts of the COVID-19 pandemic. The Colorado office of economic development shall use the remaining money, subject to the requirements in subsection (4) of this section, to provide grants to businesses or to undertake any other economic development activity permitted in section 24-46-105 in response to the negative economic impacts of the COVID-19 pandemic.

(III) Money from the fund may be used for domestic violence, sexual assault, or culturally specific programs described in article 7.5 of title 26; crime victim services funded through the Colorado crime victim services fund established in section 24-33.5-505.5; and services funded through the victims and witnesses assistance and law enforcement fund described in section 24-4.2-103.

(2.5) (a) Upon June 2, 2022, or as soon as possible thereafter, the state treasurer shall transfer twenty million dollars from the economic recovery and relief cash fund as follows:

(I) Three million dollars to the healthy forests and vibrant communities fund created in section 23-31-313 (10), which must be expended for the purposes specified in section 23-31-313 (6)(a)(IV);

(II) Two million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1), which must be expended for the purposes specified in section 24-33-117 (3);

(III) Ten million dollars to the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), which must be expended for the purposes specified in section 37-60-121 (12);

(IV) Two million five hundred thousand dollars to the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), which must be expended for the purposes specified in section 37-60-121 (13); and

(V) Two million five hundred thousand dollars to the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), which must be expended for the purposes specified in section 37-60-121 (14).

(a.5) Notwithstanding subsections (2.5)(a)(IV) and (2.5)(a)(V) of this section, on or after July 1, 2024, any money transferred by the state treasurer to the Colorado water conservation board construction fund, created in section 37-60-121 (1)(a), pursuant to subsections (2.5)(a)(IV) and (2.5)(a)(V) of this section may be expended for any of the purposes specified in section 37-60-121 (13) or (14).

(b) The watershed restoration programs, wildfire mitigation programs, and the provision of services to assist political subdivisions of the state and other entities in the draw down of federal funds to which the state treasurer shall transfer money from the fund pursuant to subsection (2.5)(a) of this section are essential government services.

(c) Any department that receives money from the transfer made by the state treasurer pursuant to subsection (2.5)(a) of this section shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(d) Any money that originates from the ARPA refinance state money cash fund that is transferred to a fund pursuant to section 24-75-226.5 to refinance money that was transferred from the economic recovery and relief cash fund pursuant to this subsection (2.5) must be spent for the same purpose as the refinanced money as set forth in subsection (2.5)(a) of this section.

(3) (a) Three days after June 21, 2021, the state treasurer shall transfer eight hundred forty-eight million seven hundred sixty-one thousand seven hundred ninety dollars from the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 to the fund.

(b) Repealed.

(3.5) Notwithstanding any other provision of this section, within three business days after May 27, 2022, the state treasurer shall transfer from the fund the following amounts that originate from money the state received from the federal coronavirus state fiscal recovery fund:

(a) Seventy million dollars to the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 (2);

(b) Ten million dollars to the revenue loss restoration cash fund created in section 24-75-227 (2)(a);

(c) Fifteen million dollars to the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a); and

(d) One million four hundred thirty-seven thousand one hundred seventy-two dollars to the workers, employers, and workforce centers cash fund created in section 24-75-231 (2)(a).

(3.7) Notwithstanding any other provision of this section, within three business days after May 27, 2022, the state treasurer shall transfer ten million dollars from the fund that originates from the general fund to the revenue loss restoration cash fund created in section 24-75-227 (2)(a).

(3.8) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund thirteen million eight hundred fourteen thousand nine hundred eighty-nine dollars and eighty-seven cents of money that did not originate from the money the state received from the coronavirus state fiscal recovery fund.

(4) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated or transferred from the fund for purposes permitted under the American Rescue Plan Act of 2021 and shall not use the money for any purpose prohibited by the act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.

(5) (a) The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 legislative interim and issue a report with recommendations to the general assembly and the governor on policies that use money from the fund to provide a stimulative effect to the state's economy, necessary relief for Coloradans, or that address emerging economic disparities resulting from the pandemic.

(b) The staff of the joint budget committee shall review the recommendations made by the task force to ascertain whether the recommendations will result in programs requiring ongoing appropriations of state money after the federal money has been expended and to identify whether the recommendations are duplicative of any existing state programs or appropriations, or duplicative of any existing federally funded state program.

(c) The general assembly may appropriate general fund money from the fund for the reasonable expenses of the task force.

(d) The task force may include nonlegislative members and create working groups to assist them. The executive committee of the legislative council shall specify requirements for members' participation in the task force. The task force shall not submit bill drafts as part of their recommendations.

(5.8) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(6) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (SB 21-291), ch. 281, p. 1626, � 1, effective June 21. L. 2022: (2)(b)(II)(B) amended, (HB 22-1332), ch. 129, p. 894, � 1, effective April 25; (3)(b) repealed, (HB 22-1342), ch. 137, p. 922, � 11, effective April 25; (2)(b)(III) added, (SB 22-183), ch. 194, p. 1306, � 15, effective May 19; IP(2)(a) amended and (3.5) and (3.7) added, (HB 22-1411), ch. 271, p. 1955, � 3, effective May 27; (2.5) added, (HB 22-1379), ch. 306, p. 2210, � 1, effective June 2. L. 2024: (2.5)(a.5) added, (HB 24-1435), ch. 275, p. 1832, � 16, effective May 29; (2.5)(d) and (5.8) added and (4) amended, (HB 24-1466), ch. 429, p. 2935, � 9, effective June 5. L. 2025: (3.8) added, (SB 25-312), ch. 301, p. 1535, � 4, effective May 30.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-229. Affordable housing and home ownership cash fund - creation - allowable uses - task force - legislative declaration - definitions - repeal. (1) The general assembly finds, determines, and declares that:

(a) As a result of the COVID-19 public health emergency, a significant share of households across the state now face various forms of housing insecurity;

(b) Although the impacts of the COVID-19 public health emergency have been widespread, both the public health and economic impact of the pandemic have fallen most severely on disadvantaged communities and populations. Low-income communities, people of color, and tribal communities have faced higher rates of infection, hospitalization, and death, as well as higher rates of unemployment and lack of basic necessities such as food and housing. Preexisting social vulnerabilities magnified the pandemic in these communities, where a reduced ability to work from home and denser housing amplified the risk of infection.

(c) The federal government enacted the American Rescue Plan Act of 2021 to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and to assist their efforts to contain the effects of COVID-19 on their communities, residents, and businesses. Under the federal act, the state of Colorado receives over three billion dollars to be used for the purposes identified in the federal act.

(d) Regulations construing the federal act promulgated by the United States treasury identify a nonexclusive list of uses that address the disproportionate negative economic effects of the COVID-19 public health emergency, including building stronger communities through investments in housing and neighborhoods. Services in this category alleviate the immediate economic impact of the COVID-19 public health emergency on housing insecurity, while addressing conditions that contributed to poor public health and economic outcomes during the pandemic, namely concentrated areas with limited economic opportunity and inadequate or poor quality housing. Under these regulations, funds may be used for programs or services that address housing insecurity, lack of affordable and workforce housing, or homelessness, including:

(I) Supportive housing or other programs or services to improve access to stable, affordable housing among unhoused individuals;

(II) The development of affordable housing to increase the supply of affordable housing units that are livable, vibrant, and driven by community benefits; and

(III) Housing vouchers and assistance to allow individuals to relocate in neighborhoods with high levels of economic opportunity and to reduce concentrated areas of low economic opportunity.

(e) The general assembly further determines that the programs and services funded by the transfers in this section are appropriate uses of the money transferred to Colorado under the federal act. This money will be put to expeditious and efficient use in building stronger communities across the state by making investments in housing for populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency.

(f) By the enactment of this section, the general assembly intends that the money appropriated to the department of local affairs for use by the division of housing from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) be used to finance programs and services that provide gap financing for projects financed through the housing investment trust fund created in section 24-32-717 or the housing development grant fund created in section 24-32-721. The general assembly further intends that the programs and services financed by this appropriation assist populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency in order to obtain affordable housing by the acquisition, construction, or renovation of affordable housing projects or land acquisition, thus enabling individuals and families to relocate to neighborhoods with high levels of economic opportunity and reducing concentrated areas of low economic opportunity.

(g) Pursuant to 31 C.F.R. 35.6 (b)(6), the transfer to the eviction legal defense fund required by subsection (3.5) of this section for the purpose of providing legal representation to indigent tenants to resolve civil legal matters arising on and after March 1, 2020, for an eviction or impending eviction related to the public health emergency caused by the COVID-19 public health emergency, is intended to address housing insecurity, lack of affordable housing, or homelessness to assist persons disproportionately affected by the public health emergency in obtaining affordable housing. Accordingly, the general assembly further finds, determines, and declares that the transfer required by subsection (3.5) of this section is an eligible use of money received by the state under the American Rescue Plan Act of 2021, Pub.L. 117-2.

(2) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 or federal act means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) Department means a principal department identified in section 24-1-110, the judicial department, and the legislative department.

(c) Fund means either the affordable housing and home ownership cash fund created in subsection (3)(a) of this section or an identical companion fund created in section 24-75-226 (4)(c).

(3) (a) The affordable housing and home ownership cash fund is hereby created in the state treasury. The fund consists of money deposited in the fund in accordance with subsection (3)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts or for the provision of government services, the general assembly may appropriate or transfer money from the fund to a department or cash fund for programs or services that benefit populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency to obtain affordable housing, focusing on programs or services that address housing insecurity, lack of affordable and workforce housing, or homelessness. Money from the fund may be expended to support the task force pursuant to subsection (6)(a) of this section. Permissible uses of such money include costs associated with the creation and administration of the task force and related expenses for research and evaluation undertaken by the task force.

(b) (I) Three days after June 25, 2021, the state treasurer shall transfer five hundred fifty million dollars from the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 to the fund;

(II) Repealed.

(III) The fund also includes the amount transferred to the fund in accordance with section 24-75-228 (3.5)(c).

(c) The division of housing within the department of local affairs shall use the appropriation made by House Bill 21-1329, enacted in 2021, for programs or services of the type and kind financed through the housing investment trust fund created in section 24-32-717 or the housing development grant fund created in section 24-32-721 to support the programs or services that benefit populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency to obtain affordable housing, focusing on programs or services that address housing insecurity, lack of affordable and workforce housing, or homelessness, including the programs or services described in subsection (1)(d) of this section. The division may use not more than three percent of any money appropriated or transferred to it under House Bill 21-1329, enacted in 2021, to cover the total administrative costs of the division in administering the programs or services for which money is appropriated or transferred to it under House Bill 21-1329, enacted in 2021.

(d) On July 1, 2022, the state treasurer shall transfer three hundred fifty million three hundred ninety-four thousand four dollars from the general fund to the fund.

(e) On June 30, 2025, the state treasurer shall transfer two hundred thousand dollars that originated from the general fund from the fund to the general fund.

(4) (a) Three days after June 25, 2021, the state treasurer shall transfer one million five hundred thousand dollars from the fund to the eviction legal defense fund created in section 13-40-127 (2).

(b) On July 1, 2022, the state treasurer shall transfer three hundred fifty million three hundred ninety-four thousand four dollars from the fund to the revenue loss restoration cash fund created in section 24-75-227.

(c) On June 30, 2024, the state treasurer shall transfer from the fund to the American Rescue Plan Act of 2021 cash fund created in section 24-75-226, seventy thousand five hundred eighty-one dollars and ninety-nine cents that originated from money the state received from the federal coronavirus state fiscal recovery fund.

(5) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated from the fund for purposes permitted under the American Rescue Plan Act of 2021 and shall not use the money for any purpose prohibited by the act. A department, nonprofit organization, or local government, including a county, municipality, special district, or school district, or any other person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.

(6) (a) The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative change in the area of housing using money the state receives from the federal coronavirus state fiscal recovery fund under title IX, subtitle M of the American Rescue Plan Act of 2021. The general assembly shall also review recommendations for such policies submitted by the strategic housing working group assembled by the department and the state housing board created in section 24-32-706 (1).

(b) The task force may include nonlegislative members and create working groups to assist them. The executive committee of the legislative council shall hire a facilitator to guide the work of the task force.

(c) The task force created in this section is not subject to the requirements specified in section 2-3-303.3 or rule 24A of the joint rules of the senate and the house of representatives. The executive committee of the legislative council shall specify requirements governing members' participation in the task force. The task force shall not submit bill drafts as part of their recommendations.

(d) The money in the fund is continuously appropriated to the legislative branch of state government for payment of the reasonable expenses incurred by the task force subject to the approval of the executive committee of the legislative council.

(6.8) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(7) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (HB 21-1329), ch. 347, p. 2253, � 1, effective June 25. L. 2022: (3)(b)(II) repealed, (HB 22-1342), ch. 137, p. 922, � 12, effective April 25; (3)(d) added and (4) amended, (HB 22-1340), ch. 141, p. 935, � 2, effective April, 25; (3)(a) and (3)(b) amended, (HB 22-1411), ch. 271, p. 1956, � 4, effective May 27. L. 2023: (3)(a) amended, (HB 23-1301), ch. 303, p. 1827, � 39, effective August 7. L. 2024: (4)(c) added, (HB 24-1465), ch. 257, p. 1684, � 6, effective May 24; (5) amended and (6.8) added, (HB 24-1466), ch. 429, p. 2935, � 10, effective June 5. L. 2025: (3)(e) added, (SB 25-264), ch. 129, p. 505, � 31, effective April 25.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-230. Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) Department means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) Fund means the behavioral and mental health cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).

(2) (a) The behavioral and mental health cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. The general assembly may appropriate money from the fund to a department for behavioral health care.

(b) (I) Three days after June 28, 2021, the state treasurer shall transfer five hundred fifty million dollars from the American Rescue Plan Act of 2021 cash fund created in section 24-75- 226 to the fund.

(II) Repealed.

(c) On July 1, 2024, the state treasurer shall transfer four million dollars from the general fund to the fund, which must be expended for the purposes specified in section 27-60-502 (2)(c)(I)(D).

(3) (a) (I) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated from the fund for purposes permitted under the American Rescue Plan Act of 2021 Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.

(II) A department may expend money appropriated from the fund that was credited to the fund in accordance with subsection (2)(b) of this section for purposes permitted under the American Rescue Plan Act of 2021 Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives such money from the fund shall comply with any requirements set forth in section 24-75-226.

(b) Repealed.

(3.5) and (3.7) Repealed.

(3.8) (a) On June 30, 2025, the state treasurer shall transfer any money received pursuant to section 39-37-301 (2)(a)(II) to the behavioral and mental health excise tax cash fund created in section 39-37-302.

(b) This subsection (3.8) is repealed, effective July 1, 2026.

(4) (a) The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformational change in the area of behavioral health using money the state receives from the federal coronavirus state fiscal recovery fund under title IX, subtitle M of the American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) The task force may include nonlegislative members and have working groups created to assist them. The executive committee shall hire a facilitator to guide the work of the task force.

(c) The task force created in this section is not subject to the requirements specified in section 2-3-303.3 or rule 24A of the joint rules of the senate and the house of representatives. The executive committee shall specify requirements governing members' participation in the task force. The task force shall not submit bill drafts as part of their recommendations.

(4.3) On June 30, 2025, the state treasurer shall transfer from the fund to the general fund seven million two hundred sixty-one thousand two hundred eight dollars and fifty-five cents of money that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(4.8) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(5) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2384, � 32, effective June 28. L. 2022: (2)(b)(II) repealed, (HB 22-1342), ch. 137, p. 922, � 13, effective April 25; (2)(a) amended, (HB 22-1411), ch. 271, p. 1956, � 5, effective May 27. L. 2024: (2)(c) added (HB 24-1176), ch. 251, p. 1661, � 2, effective May 24; (3) amended and (4.8) added (HB 24-1466), ch. 429, p. 2936, � 11, effective June 5; (2)(a), (3), and (5) amended and (3.5) and (3.7) added, (HB 24-1349), ch. 423, p. 2900, � 4, effective December 17 (see editor's note). L. 2025: (4.3) added, (SB 25-312), ch. 301, p. 1535, � 5, effective May 30; (2)(a) and (5) amended, (3)(b), (3.5), and (3.7) repealed, and (3.8) added, (SB 25-295), ch. 330, p. 1712, � 1, effective May 31.

Editor's note: (1) Section 19(1) of chapter 423 (HB 24-1349), Session Laws of Colorado 2024, provides that changes to this section take effect only if a majority of voters approve the ballot issue referred in accordance with � 39-37-201 at the November 2024 statewide election, and, if the voters approve the ballot measure, the changes to this section are effective on the date of the official declaration of the vote by the governor. The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as follows:

FOR: 1,675,123

AGAINST: 1,406,112

(2) Amendments to subsection (3) by HB 24-1466 and HB 24-1349 were harmonized, effective on the date of the official declaration of the vote thereon by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with � 39-37-201, Colorado Revised Statutes. The ballot issue, referred to the voters as Proposition KK, was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3636. The vote count for the measure was as follows:

FOR: 1,675,123

AGAINST: 1,406,112

Cross references: (1) For the short title (Behavioral Health Recovery Act of 2021) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.

(2) For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-231. Workers, employers, and workforce centers cash fund - creation - allowable uses - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) COVID-19 means the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.

(c) COVID-19 public health emergency or public health emergency means the period beginning on January 1, 2020, and extending until the termination of the national emergency concerning the COVID-19 outbreak declared pursuant to the federal National Emergencies Act, 50 U.S.C. sec. 1601 et seq.

(d) Department means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(e) Fund means the workers, employers, and workforce centers cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).

(2) (a) The workers, employers, and workforce centers cash fund is hereby created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. The general assembly may appropriate money from the fund to respond to the negative economic impacts of the COVID-19 public health emergency or for the provision of government services, including for the following purposes:

(I) To provide assistance to unemployed workers, including job training for individuals who want to and are available for work;

(II) To provide assistance to households;

(III) For programs, services, or other assistance for populations disproportionately impacted by the COVID-19 public health emergency, such as programs or services that address or mitigate the impacts of the public health emergency on education;

(IV) To provide aid to impacted industries, small businesses, and nonprofit organizations to respond to the negative economic impacts of the COVID-19 public health emergency through the provision of related educational and job training services; and

(V) For administrative costs related to the purposes specified in subsections (2)(a)(I) to (2)(a)(IV) of this section.

(b) (I) Three days after June 23, 2021, the state treasurer shall transfer:

(A) Two hundred million dollars from the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 to the fund; and

(B) Twenty-five million dollars from the general fund to the fund.

(II) Repealed.

(III) The fund also includes:

(A) Thirty million nine hundred thirty-six thousand twelve dollars from the money the state received from the federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle M of the American Rescue Plan Act of 2021, which the state treasurer shall transfer to the fund; and

(B) The amount transferred to the fund in accordance with section 24-75-228 (3.5)(d).

(c) Three days after May 26, 2022, the state treasurer shall transfer thirty-two million three hundred seventy-three thousand one hundred eighty-four dollars from the money in the fund that originated from the general fund to the general fund.

(3) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated from the fund for purposes permitted under the American Rescue Plan Act of 2021 and shall not use the money for any purpose prohibited by that act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.

(3.8) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(4) This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (HB 21-1264), ch. 308, p. 1871, � 4, effective June 23. L. 2022: (2)(b)(II) repealed, (HB 22-1342), ch. 137, p. 922, � 14, effective April 25; (2)(c) added, (HB 22-1350), ch. 233, p. 1726, � 2, effective May 26; IP(2)(a) amended and (2)(b)(III) added, (HB 22-1411), ch. 271, p. 1956, � 6, effective May 27. L. 2024: (3) amended and (3.8) added, (HB 24-1466), ch. 429, p. 2936, � 12, effective June 5.

Cross references: For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

24-75-232. Infrastructure Investment and Jobs Act cash fund - creation - allowable uses - report - compliance monitoring - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:

(a) The federal government enacted with bipartisan support the Infrastructure Investment and Jobs Act, which includes five hundred fifty billion dollars in federal funds for new infrastructure investments nationwide;

(b) Approximately two hundred programs identified in the federal act may be relevant to Colorado and initial estimates show the state could receive between approximately three billion four hundred million dollars and six billion eight hundred million dollars in new federal funding for infrastructure investments, with significant funding subject to nonfederal match requirements;

(c) With these available federal funds, Colorado has the opportunity to make significant progress on its infrastructure goals that can create positive impacts for Coloradans across the state;

(d) In order for the state to be competitive for the highest range of funding available to it under the federal act, it is necessary for departments to have funding available as a nonfederal match, although due to still-evolving federal guidance the amounts needed and specific types of projects may not be known in time for this money to be appropriated in the annual general appropriation act;

(d.5) With the passage of the Inflation Reduction Act and the Infrastructure Investment and Jobs Act, billions of dollars in federal money is available to help public schools improve air quality in schools, student performance, and staff retention; and

(e) The general assembly desires the money in the Infrastructure Investment and Jobs Act cash fund to be allocated as follows; except that the anticipated percentages may change dependent on need and guidance developed by the federal government for implementation of the federal act:

(I) Thirty-five percent for transportation programs;

(II) Twenty-five percent for water, environmental, and resiliency programs;

(III) Twenty-five percent for power, grid, and broadband programs;

(IV) Ten percent for local match support; and

(V) Five percent for grant writing support, administrative support, and project planning.

(2) As used in this section, unless the context otherwise requires:

(a) Department means a principal department of the state as identified in section 24-1-110 and the office of the governor, including any offices created therein.

(b) Fund means the Infrastructure Investment and Jobs Act cash fund created in subsection (3) of this section.

(b.5) Inflation Reduction Act means the federal Inflation Reduction Act of 2022, Pub.L. 117-169, as the act may be subsequently amended.

(c) Infrastructure Investment and Jobs Act or federal act means the federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, as the act may be subsequently amended.

(d) Local government means a county, a municipality, a city and county, a local education provider, or a special district.

(e) Office means the office of the governor.

(3) The Infrastructure Investment and Jobs Act cash fund is hereby created in the state treasury. The fund consists of money credited or transferred to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund.

(4) (a) (I) No later than three days after June 7, 2022, the state treasurer shall transfer eighty million two hundred fifty thousand dollars from the general fund to the fund.

(II) On July 1, 2023, the state treasurer shall transfer eighty-four million dollars from the general fund to the fund.

(III) On July 1, 2025, the state treasurer shall transfer four million dollars from the general fund to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) On June 30, 2028, the state treasurer shall transfer all unexpended money in the fund to the general fund.

(d) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of subsection (5)(e) of this section. The office shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund for use for the purposes of subsection (5)(e) of this section.

(5) (a) Subject to approval by the governor, a department may expend money in the fund as the matching nonfederal funding for infrastructure projects pursuant to requirements of the Infrastructure Investment and Jobs Act or subsequent federal infrastructure legislation for the following categories:

(I) Transportation infrastructure projects as set forth in the federal act;

(II) Water, environmental, and resiliency projects as set forth in the federal act;

(III) Power, grid, and broadband projects as set forth in the federal act; and

(IV) Any other infrastructure project explicitly funded and set forth in the federal act.

(b) In addition to the uses set forth in subsection (5)(a) of this section:

(I) Subject to approval by the governor, a department may expend money in the fund to provide matching nonfederal funds to a local government or a federally recognized Indian tribe for match uses directed under the federal act; and

(II) The office may expend money from the fund to provide grant writing support, project planning support for federal funding opportunities in connection with the Infrastructure Investment and Jobs Act and related federal funding opportunities including funding opportunities from the Inflation Reduction Act, and for administrative needs in processing applications for money from the fund and disbursing money awarded from the fund in accordance with this section.

(c) Subject to annual appropriation by the general assembly, a department and the office may expend money from the fund for the purposes set forth in this subsection (5).

(d) Before a departmental expenditure from the fund, the office shall develop a process for departments to apply to expend money from the fund for infrastructure projects that require nonfederal match funds in order to be eligible for federal approval to receive federal funding for the infrastructure project under the Infrastructure Investment and Jobs Act and a process for reviewing and approving applications.

(e) In addition to the uses set forth in subsections (5)(a) and (5)(b) of this section, and notwithstanding subsection (1)(e) of this section, the office may expend the money in the fund at the governor's discretion for the following purposes:

(I) Hiring and employing personnel or retaining contractors for purposes related to federal government actions that impact federal disbursements, grants, contracts, or money received by or transferred to the state;

(II) Reimbursing the department of law for costs associated with special assistant attorneys general, pursuant to sections 24-31-101 and 24-31-111 (5), contracted with for the purposes of:

(A) Providing legal services to state officers or employees related to legal proceedings, inquiries, hearings, or investigations initiated, pursued, or threatened by the federal government, including congressional inquiries and investigations; or

(B) Providing legal services for the criminal defense of state officers or employees in legal actions arising out of official acts or decisions; or

(III) Other expenditures consistent with the purposes of this section, as determined by the governor, including expenditures to preserve and protect state sovereignty or federal funding streams that benefit the state.

(6) Any department expending money from the fund shall include information regarding amounts expended and anticipated to be expended and information on the specific infrastructure project or projects the money has been or is anticipated to be expended on in the department's annual presentation to joint committees of reference pursuant to section 2-7-203.

(7) (a) On or before October 1, 2022, and on a quarterly basis beginning on July 1, 2023, of every year thereafter, the office shall submit a report to the joint budget committee of the general assembly, the senate committee on transportation and energy or any successor committee, and the house of representatives committees on transportation and local government and energy and environment or any successor committees. The report must include:

(I) Information, organized by department and priority funding category, on awards that have been made pending federal approval including the amount of money awarded from the fund, the federal funds anticipated to be received upon federal approval, and any other funding sources anticipated;

(II) Information, organized by department and priority funding category, on awards that have been made and received federal approval including the amount of money awarded from the fund, the federal funds authorized, and any other funding sources authorized, received, or anticipated; and

(III) Actual expenditures by department for amounts awarded from the fund.

(b) In addition to the information required pursuant to subsection (7)(a) of this section, the office shall include in its first report due on or before October 1, 2022, information on the process that it has established for receiving and reviewing applications pursuant to subsection (5)(d) of this section and any recommendations for legislative changes for purposes of implementing the provisions of this section.

(c) Any department applying for an award of money from the fund must provide the office with the information necessary for the report required by this subsection (7) and comply with any request from the office for the information.

(7.5) If a local education provider undertakes HVAC infrastructure improvements at a school using money from the fund, a department's grant agreement compliance monitoring shall consist of the following:

(a) Inclusion of a clause in the award agreement that the local education provider must comply with section 22-32-153; and

(b) A requirement that a local education provider make a certification at the end of the grant period that the local education provider is in compliance with section 22-32-153.

(8) This section is repealed, effective July 1, 2028. Any unexpended and unencumbered money remaining in the fund upon the repeal of this section reverts to the general fund.

Source: L. 2022: Entire section added, (SB 22-215), ch. 415, p. 2925, � 1, effective June 7. L. 2023: (2)(b.5) added and (3), (4)(a), (5)(b)(II), and IP(7)(a) amended, (SB 23-283), ch. 240, p. 1291, � 1, effective May 22. L. 2025: (4)(a)(III) added, (SB 25-269), ch. 146, p. 558, � 1, effective April 28; (4)(d) and (5)(e) added and (8) amended, (HB 25-1321), ch. 206, p. 932, � 1, effective May 16; (1)(d), (2)(d), and IP(5)(a) amended and (1)(d.5) and (7.5) added, (HB 25-1245), ch. 400, p. 2271, � 8, effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1 of chapter 400, Session Laws of Colorado 2025.