Colo. Rev. Stat. § 25-1-132, Two-year appropriation to the department

Source: L. 2021: Entire section added, (SB 21-243), ch. 317, p. 1954, � 2, effective June 24.

Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2025. (See L. 2021, p. 1954.)

Cross references: For the legislative declaration in SB 21-243, see section 1 of chapter 317, Session Laws of Colorado 2021.

25-1-133. Environmental equity and cumulative impact analyses - selection of contractor - required components of analyses - selection of locations - requirements for contractors - definitions - report. (1) As used in this section, unless the context otherwise requires:

(a) Colorado EnviroScreen tool has the meaning set forth in section 24-4-109 (5)(a)(II).

(b) Contractor means an academic institution or other party with which the department contracts to develop an EECIA.

(d) Environmental equity and cumulative impact analysis or EECIA means a cumulative impact analysis for a specific geographic area of the state developed in accordance with this section.

(e) EPA's cumulative impact analysis recommendations means the federal environmental protection agency's Cumulative Impacts Research: Recommendations for EPA's Office of Research and Development, published on September 30, 2022.

(f) Final report of the task force means the Final Report of Recommendations published by the task force on November 14, 2022.

(g) Local government means a home rule or statutory city, town, city and county, or county.

(h) Office of environmental justice or office means the office of environmental justice created in section 25-1-133.5 (1)(a).

(i) Task force means the environmental justice action task force created by the general assembly in 2021 through the enactment of House Bill 21-1266.

(2) The department shall select one or more contractors to develop two or more environmental equity and cumulative impact analyses for the state. Each EECIA:

(a) Must cover a geographic area of the state that includes a group of mostly contiguous census block groups and other surrounding areas that meet the definition of disproportionately impacted communities;

(b) May be conducted for a community located on the Ute Mountain Ute or Southern Ute Indian reservation only if requested by the governing body of the affected tribe and following consultation with and approval by the governing body;

(d) Must perform a scientifically rigorous analysis that includes most of the components recommended in the final report of the task force, as reflected on pages thirteen through fifteen of the final report of the task force;

(e) Should identify key problems and indicators of cumulative impacts and how those problems and indicators can be avoided, minimized, and mitigated, but should not recommend solutions to individual agencies; and

(f) Should empower agencies and local governments to score, evaluate, or compare alternative mitigation options proposed for future projects to ensure that the future projects are effective while considering potential unintended consequences.

(3) (a) The office of environmental justice shall select locations for the environmental equity and cumulative impact analyses and oversee the department's selection of a contractor pursuant to subsection (2) of this section.

(b) By a deadline determined by the office and posted conspicuously on the department's website, a local government, a group of local governments, an elected official, the governing body of an affected tribe for any request within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, a nonprofit organization, or any other interested person may submit a formal written request to the office to select a location for an EECIA. In selecting the locations for the EECIAs, the office shall:

(I) Prioritize locations that:

(A) Are most impacted by environmental contaminants;

(B) Have the potential for widespread human exposure to the environmental contaminants; and

(II) Use the Colorado EnviroScreen tool to help prioritize locations with disproportionate environmental health burdens; and

(III) Seek input from various groups of interested stakeholders in the selection process.

(c) In selecting the contractor for an EECIA location selected pursuant to subsection (3)(b) of this section, the office shall:

(I) Be transparent with regard to any selection criteria used in the selection process;

(II) Engage stakeholders for feedback on how to design the selection process; and

(III) For an EECIA studying any lands within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, consult with the governing body of the affected tribe and select a contractor only with the governing body's consent.

(4) (a) In developing the environmental equity and cumulative impact analyses, a contractor selected pursuant to subsection (2) of this section shall, with input from interested stakeholders, set timelines and milestones for completion of an EECIA and submit the proposed timelines and milestones to the office for review and approval.

(b) The office shall post in a conspicuous location on the department's public-facing website the approved timelines and milestones for each contractor to complete an EECIA and periodically post updates on whether each contractor has met the timelines and milestones.

(5) A contractor selected pursuant to subsection (3)(c) of this section shall:

(a) With oversight from the office, review existing cumulative impact analysis frameworks such as the EPA's cumulative impact analysis recommendations or frameworks from other states or jurisdictions;

(b) Establish a process for interested stakeholders to submit input regarding an EECIA and for the contractor to review any input submitted;

(d) Ensure that an EECIA is crafted to be comprehensible, easy to utilize, and accessible. As used in this subsection (5)(d), accessible includes ensuring that the data supporting an EECIA is transparent, translated from English into the two most prevalent other languages spoken in the relevant community, and made readily available to communities.

(6) (a) Except as provided in subsection (6)(b) of this section, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources to help finance the development of environmental equity and cumulative impact analyses pursuant to this section.

(b) The department shall not accept gifts, grants, or donations from industry interests. As used in this subsection (6)(b), industry interest means an entity that currently holds or that applied to receive a permit or license from the division of administration or the hazardous materials and waste management division.

(7) (a) Within nine months after completing the first EECIA, the department shall prepare a report regarding the EECIA and submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.

(b) The report must include:

(I) Recommendations for implementing the findings of the EECIA; and

(II) Identification of any resources or steps necessary for the department or other agencies to implement the findings of the EECIA once the EECIA is developed.

(I) The Colorado energy office created in section 24-38.5-101 (1);

(II) The department of natural resources created in section 24-1-124 (1);

(III) The department of agriculture created in section 35-1-103;

(IV) The public utilities commission created in section 40-2-101 (1)(a);

(V) The department of transportation created in section 24-1-128.7 (1); and

(VI) Representatives of disproportionately impacted communities.

Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2727, � 4, effective July 2. L. 2024: Entire section R&RE, (HB 24-1338), ch. 259, p. 1711, � 1, effective May 28.

Cross references: For the short title (Environmental Justice Act) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

25-1-133.5. Office of environmental justice - created - powers and duties - definitions. (1) (a) There is created in the department the office of environmental justice, the head of which is the director of the office, who shall be appointed by the executive director of the department and may employ staff as necessary to carry out the powers and duties of the office. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(b) In carrying out its powers and duties, the office may collaborate with the environmental justice ombudsperson appointed pursuant to section 25-1-134 (1)(b), the environmental justice advisory board created in section 25-1-134 (2)(a), disproportionately impacted communities, local governments, other state agencies, the federal government, and other interested parties.

(2) The office shall:

(a) Increase state government engagement with and responsiveness to disproportionately impacted communities;

(b) Develop and manage the department's environmental justice goals, metrics, and objectives;

(c) Work with the environmental divisions within the department, the environmental justice ombudsperson, and the environmental justice advisory board to implement statutory environmental justice mandates, including benchmarks and targets set forth in the Environmental Justice Act, as enacted in 2021 by House Bill 21-1266;

(d) Work with the division of administration to implement part 10 of article 8 of this title 25 concerning mobile home water quality by leading community engagement efforts with mobile home park residents;

(e) Coordinate environmental justice work within the department and with other state agencies as well as federal, local, and tribal government partners;

(f) Advance the department's language justice goals by providing translation and interpretation services for the department's environmental divisions; and

(g) Identify disproportionately impacted communities based on the best-available data and spatial analysis technology, including the Colorado EnviroScreen tool.

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

(a) Colorado EnviroScreen tool has the meaning set forth in section 24-4-109 (5)(a)(II).

(b) Disproportionately impacted community has the meaning set forth in section 24-4-109 (2)(b)(II).

Source: L. 2024: Entire section added, (HB 24-1338), ch. 259, p. 1715, � 2, effective May 28.

25-1-134. Environmental justice - ombudsperson - advisory board - grant program - annual report - definitions - repeal. (1) Environmental justice ombudsperson. (a) There is hereby created in the department the position of an environmental justice ombudsperson. The ombudsperson reports to the executive director of the department. The department shall provide administrative support for the ombudsperson. The ombudsperson otherwise functions independently in exercising its powers.

(b) The governor shall appoint the ombudsperson as soon as practicable but no later than February 1, 2022, and as necessary thereafter to fill a vacancy. Prior to an appointment, the governor or the governor's designee shall consult with, and may receive recommendations from, the advisory board, the general assembly, representatives of disproportionately impacted communities, and other relevant stakeholders regarding the selection of the ombudsperson.

(c) The ombudsperson must be qualified by training or experience in environmental justice, and should have been a resident of one or more disproportionately impacted communities or have worked to advance environmental justice within disproportionately impacted communities.

(d) The ombudsperson shall:

(I) Collaborate with the advisory board for the purpose of promoting environmental justice for the people of Colorado;

(II) Serve as an advocate for disproportionately impacted communities and as a liaison between disproportionately impacted communities and the department, including with respect to communications regarding the grant program to fund environmental mitigation projects;

(III) Work to improve the relationships and interactions between disproportionately impacted communities and the department;

(IV) Increase the flow of information between the department and disproportionately impacted communities concerning the environment and departmental programs using methods of outreach that include, at a minimum:

(A) Disseminating information through local schools, social media, local social and activity clubs, libraries, or other local services; and

(B) Prioritizing in-person meetings in communities with populations that are predominantly Black, Indigenous, Latino, or Asian American that have a median income below the state's average, or that are in rural locations;

(V) Identify ways to enable meaningful participation by disproportionately impacted communities in the decision-making processes of the department;

(VI) Coordinate with the office of health equity, created in section 25-4-2204;

(VII) Maintain a telephone number, website, email address, and mailing address for the receipt of complaints and inquiries for matters pertaining to environmental justice;

(VIII) Establish procedures to address complaints pertaining to environmental justice to the extent practicable;

(IX) Consult with the division of administration in reporting to the air quality control commission, created in section 25-7-104, on equitable progress toward the state's greenhouse gas reduction goals;

(X) Serve in an advisory capacity, as requested, to other state agencies conducting outreach to and engagement of disproportionately impacted communities in light of a proposed agency action; and

(XI) Advocate for and liaise with mobile home residents in matters of water quality and work with residents on solutions and funding to improve water quality in accordance with part 10 of article 8 of title 25.

(2) Environmental justice advisory board. (a) There is hereby created in the department the environmental justice advisory board.

(b) Except as otherwise provided in this subsection (2), the members of the advisory board are appointed by the governor. An appointing authority may remove a member of the advisory board for malfeasance in office, failure to regularly attend meetings, or any cause that renders the member unable or unfit to discharge the member's duties.

(c) The advisory board consists of the following fourteen members who, to the extent practicable, must reside in different geographic areas of the state, reflect the racial and ethnic diversity of the state, and have experience with a range of environmental issues, including air pollution, water contamination, and public health impacts:

(I) (A) Five voting members appointed by the governor, who must be or have been residents of a disproportionately impacted community, one of whom is an individual who is fourteen years of age or older but less than twenty-two years of age at the time of appointment.

(B) Except as provided in subsection (2)(c)(I)(C) of this section, the youth voting member described in this subsection (2)(c)(I) is first appointed as a nonvoting member pursuant to subsection (2)(c)(III.5) of this section and, after serving one year of the member's term, becomes a voting member pursuant to this subsection (2)(c)(I) and subsection (2)(d)(III) of this section for the remainder of the member's term.

(C) On or before September 15, 2025, the governor shall appoint an individual who is fourteen years of age or older but less than twenty-two years of age at the time of appointment to serve a single one-year term as a youth voting member of the advisory board. Thereafter, this youth voting member's seat on the advisory board shall be filled pursuant to the process described in subsection (2)(c)(I)(B) of this section. This subsection (2)(c)(I)(C) is repealed, effective July 1, 2026.

(II) Three voting members appointed by the governor, one of whom must be from a nongovernmental organization that represents statewide interests to advance racial justice, one of whom must be from a nongovernmental organization that represents statewide interests to advance environmental justice, and one of whom must represent worker interests in disproportionately impacted communities;

(III) The executive director of the department, or the executive director's designee, as a nonvoting member;

(III.5) An individual who is fourteen years of age or older but less than twenty-two years of age at the time of appointment, as a youth nonvoting member appointed by the governor; and

(IV) Four voting members appointed by the executive director of the department, at least one of whom must be a midwife who is practicing in a freestanding birth center, in a rural area, or as a home birth provider.

(d) (I) Except as provided in subsections (2)(d)(II) and (2)(d)(III) of this section, each member's term of appointment is four years. Voting members may serve no more than two terms; except that a youth voting member who is fourteen years of age or older but less than twenty-two years of age at the time of appointment may serve only a single term. The governor shall fill any vacancies on the advisory board, including for the remainder of any unexpired term. A member appointed to fill a vacancy may serve the remainder of the unexpired term of the member whose vacancy is being filled, and this remainder counts as one term for that appointee.

(II) In order to ensure staggered terms of office, the initial term of two members appointed by the governor pursuant to subsection (2)(c)(I) of this section, as specified by the governor, and two members appointed pursuant to subsection (2)(c)(IV) of this section, as specified by the executive director of the department, is two years.

(III) A youth member who is fourteen years of age or older but less than twenty-two years of age at the time of appointment and who is appointed as a youth nonvoting member pursuant to subsection (2)(c)(III.5) of this section serves a single two-year term. After serving one year of the member's two-year term, the member becomes a youth voting member pursuant to subsection (2)(c)(I)(B) of this section for the remainder of the member's term.

(d.5) (I) The governor shall make the initial appointment of the youth nonvoting member appointed pursuant to subsection (2)(c)(III.5) of this section on or before September 15, 2025.

(II) This subsection (2)(d.5) is repealed, effective July 1, 2026.

(e) (I) Each voting member of the advisory board appointed pursuant to subsection (2)(c) of this section is entitled to receive a per diem of two hundred dollars for attendance at regularly scheduled meetings of the board during the 2021-22 state fiscal year. For each state fiscal year thereafter, the per diem amount shall be annually adjusted for inflation based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index. Voting members of the board are also entitled to receive reimbursement for actual and necessary expenses incurred while performing official duties.

(II) The nonvoting member of the advisory board may not receive a per diem, but may be reimbursed for actual and necessary expenses incurred while performing official duties.

(f) The advisory board shall elect a chair from among its members every year. The advisory board shall meet at least once every quarter. The chair may schedule all such additional meetings as are necessary for the advisory board to complete its duties.

(g) The advisory board shall:

(I) Serve in an advisory capacity to the ombudsperson in the performance of the duties of the ombudsperson;

(II) Hold a portion of advisory board meetings for the ombudsperson to jointly receive stakeholder input into the activities and priorities of the ombudsperson;

(III) Develop a public complaint process related to the performance of the ombudsperson;

(IV) Develop recommendations to address any other matters relating to adverse environmental effects on disproportionately impacted communities as referred to the advisory board by the governor or the executive director of the department;

(V) Develop policies as are necessary for the conduct of its affairs and its meetings and post all policies on its website, including a conflict of interest policy for its members, which must require the disclosure of any potential financial interest of any member or relative of any member in a proposed environmental mitigation project. A board member who has a personal or financial interest in an environmental mitigation project under consideration shall recuse the board member from any vote on that project.

(VI) Advise the department on matters to enable the department to interact with disproportionately impacted communities in the best manner possible;

(VII) Support the implementation of a grant program to fund environmental mitigation projects from the community impact cash fund created in section 25-7-129 in accordance with this subsection (2)(g)(VII) by performing the following duties:

(A) The advisory board shall develop guidelines for a grant program to fund environmental mitigation projects, with input from the department. The guidelines must include: Procedures for applicants to submit applications to the board, and for selection of environmental mitigation projects to fund; provisions to ensure that the applications are concise, straightforward, objective, inclusive, and accessible to all interested parties; a requirement that the applicant disclose any conflict of interest, such as a personal or financial relationship with any member of the advisory board; and identification of any information necessary to be included in an application to ensure the advisory board can prepare the report required by subsection (2)(g)(VII)(C) of this section.

(B) The advisory board shall review each application that it receives and may award grants, subject to appropriations and available funding, to applicants to fund environmental mitigation projects in disproportionately impacted communities.

(C) The advisory board shall compile an annual report that details information about the environmental mitigation projects that are awarded grants, including: Details about the disproportionately impacted community in which the project will take place, including information about pollution levels, health disparities, and demographics; the relationship between the community, the project, and any violations that gave rise to penalties paid into the community impact cash fund created in section 25-7-129; the status of the project, the engagement between the project and the community, and the reaction of the disproportionately impacted community to the project; and other details as the advisory board deems appropriate. The annual report shall be made publicly accessible, including on the advisory board's website.

(h) This subsection (2) is repealed, effective September 1, 2027. Before the repeal, the advisory board and its functions are scheduled for review in accordance with section 2-3-1203.

(3) Records and meetings. The advisory board and the ombudsperson are subject to all the applicable requirements of the Colorado Open Records Act, part 2 of article 72 of title 24, and the open meetings law contained in part 4 of article 6 of title 24.

(4) Definitions. As used in this section, unless the context otherwise requires:

(a) Advisory board means the environmental justice advisory board created in subsection (2) of this section.

(b) Environmental mitigation project means any project that avoids, minimizes, measures, or mitigates adverse environmental impacts in a disproportionately impacted community, including, without limitation, health effects, health disparities, and other environmental impacts or that promotes equitable participation in a rule-making proceeding that may affect a disproportionately impacted community.

Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2736, � 12, effective July 2. L. 2023: (1)(d)(IX) and (1)(d)(X) amended and (1)(d)(XI) added, (HB 23-1257), ch. 376, p. 2257, � 5, effective June 5. L. 2024: (2)(c)(IV) amended, (HB 24-1262), ch. 393, p. 2711, � 4, effective June 4. L. 2025: (2)(b), IP(2)(c), (2)(c)(I), (2)(c)(III), and (2)(d)(I) amended and (2)(c)(III.5), (2)(d)(III), and (2)(d.5) added, (SB 25-055), ch. 215, p. 975, � 1, effective August 6.

Cross references: (1) For the short title (Environmental Justice Act) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

(2) For the legislative declaration in HB 24-1262, see section 1 of chapter 393, Session Laws of Colorado 2024.

25-1-135. Health-care services reserve corps task force - created - powers and duties - report - repeal. (Repealed)

Source: L. 2021: Entire section added, (HB 21-1005), ch. 438, p. 2901, � 2, effective July 6.

Editor's note: Subsection (10) provided for the repeal of this section, effective September 1, 2024. (See L. 2021, p. 2901.)

25-1-136. Kidney disease prevention and education task force - created - powers and duties - report - selection of chair and vice-chair - sunset review - repeal. (1) The kidney disease prevention and education task force, referred to in this section as the task force, is hereby created.

(2) The task force consists of the following nine voting members:

(a) Two members from the general assembly, collectively referred to in this section as the elected members, as follows:

(I) One member of the senate, appointed by the president of the senate; and

(II) One member of the house of representatives, appointed by the speaker of the house of representatives.

(b) The task force consists of the following other voting members, collectively referred to in this section as the nonelected members, with four members being appointed by the president of the senate and the speaker of the house of representatives and three members being appointed by the minority leader of the senate and the minority leader of the house of representatives:

(I) The executive director of the department or the executive director's designee;

(II) One member representing the renal provider community;

(III) One member representing a Colorado medical center with a program dedicated to treating kidney disease;

(IV) One member representing the nephrologist community;

(V) One member from a nonprofit organization focusing on kidney disease;

(VI) One member representing the kidney patient community; and

(VII) One member from an organization representing the health interests of minority populations.

(3) (a) All appointments to the task force shall be made no later than October 1, 2021. The elected members appointed to serve on the task force shall be of different party affiliations. The terms of the elected members terminate on the convening date of the first regular session of the seventy-fourth general assembly. As soon as practicable after such convening date, but no later than the end of the legislative session, the speaker of the house of representatives and the president of the senate shall each appoint or reappoint the elected members. Thereafter, the terms of the elected members expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments of the elected members must be made as soon as practicable after the convening date, but no later than the end of the legislative session.

(b) The terms of the nonelected members are for the duration of the task force. The person making the original appointment or reappointment to the task force shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed serve at the pleasure of the appointing authority and continue to serve until the member's successor is appointed.

(4) (a) The elected members shall convene the first meeting of the task force no later than November 1, 2021. At the first meeting, the members shall select a chair and a vice-chair from among the elected members. The elected members shall alternate as chair and vice-chair every year thereafter for the duration of the task force.

(b) The task force shall meet at least four times each year and at such other times as it deems necessary. The chair and vice-chair may establish such organizational and procedural rules as are necessary for the operation of the task force.

(5) The purposes of the task force are:

(a) To work directly with policymakers, public health entities, nonprofit organizations that work with people with disabilities, and educational institutions to create health educational programs concerning kidney disease and to increase awareness of kidney disease throughout the state of Colorado;

(b) To examine chronic kidney disease, transplantation, living and deceased kidney donation, kidney disease in children and people with disabilities, and the higher rates of affliction in minority populations; and

(c) To develop a sustainable plan to raise awareness about early detection of kidney disease, to promote health equity and transplantation, and to reduce the burden of kidney disease, throughout the state of Colorado, which shall include an ongoing campaign that incorporates:

(I) Health education workshops and seminars;

(II) Preventative screenings;

(III) Social media campaigns; and

(IV) Television and radio commercials.

(6) The department shall select a Colorado medical center owned or operated by a hospital authority created in state law with a program dedicated to treating kidney disease to administer the task force. The department shall award grants to the medical center to provide for the reasonable costs of administering the task force. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(7) (a) On or before December 1, 2023, the task force shall submit its initial report, including its findings and recommendations on the issues identified in subsection (5) of this section, to the department.

(b) On or before August 31, 2026, the task force shall submit its final report, including its findings and recommendations on the issues identified in subsection (5) of this section, to the department.

(c) Notwithstanding section 24-1-136 (11), after December 1, 2023, the department shall include the initial report or final report submitted to the department, as applicable, as part of the department's presentation to its joint committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act.

(8) This section is repealed, effective September 1, 2026. Before the repeal, the task force is scheduled for review in accordance with section 2-3-1203.

Source: L. 2021: Entire section added, (HB 21-1171), ch. 407, p. 2701, � 2, effective July 2.

Cross references: For the legislative declaration in HB 21-1171, see section 1 of chapter 407, Session Laws of Colorado 2021.

25-1-137. Task force to reduce youth violence, suicide, and delinquency risk factors - creation - membership - reporting - definitions. (1) On or before December 31, 2023, the department shall convene a task force to establish shared goals, objectives, and guidelines for governmental agencies and community-based agencies to achieve maximum impact in reducing youth violence, suicide, and delinquency risk factors for target communities with the highest rates of youth violence, suicide, or delinquency risk factors.

(2) The purpose of the task force is to bring together diverse groups and perspectives from governmental agencies and community-based organizations to:

(a) Identify three target communities in the state where disproportionately high levels of youth violence, suicide, and delinquency risk factors exist. The target communities may include any zip code or contiguous zip codes with the top three to five rates of youth violence, suicide, or delinquency risk factors, including, but not limited to, school performance, average education level, income level, employment levels, crime statistics, and housing and food insecurity. The three target communities selected pursuant to this subsection (2)(a) must represent, to the extent practicable, geographic and urban and rural diversity.

(b) Beginning July 1, 2025, and for a minimum of three years thereafter, establish clear and shared goals, objectives, and guidelines to prioritize, align, and pool agency resources, including new and state grant money, to guide intervention, prevention, and tracking statistics to achieve the maximum impact on reducing youth violence, suicide, and delinquency risk factors; and

(c) Beginning July 1, 2025, and for a minimum of three years thereafter, establish clear and shared goals, objectives, and guidelines to prioritize the distribution of new grant money across multiple governmental agencies to guide intervention, prevention, and tracking statistics to achieve the maximum impact on reducing youth violence, suicide, and delinquency risk factors. This includes creating:

(I) A process for streamlining state grant applications across agencies that does not violate federal laws, rules, or guidelines for federal dollars as it pertains to state grant-making among agencies;

(II) A common application form to the extent possible without violating federal laws, rules, or guidelines and that is practical and accessible for grantees to use;

(III) A clearinghouse of resources for applicants; and

(IV) A job description for a full-time employee support for the five agencies of the task force to provide technical support and assistance to grant applicants who may lack the organizational capacity to complete competitive and complete applications.

(3) (a) The task force consists of the following members, at a minimum:

(I) Two representatives from the department of public health and environment. One representative must have experience in substance use and be appointed by the executive director. The other representative must be from the office of gun violence prevention and be appointed by the director of the office of gun violence prevention.

(II) A representative from the department of early childhood, appointed by the executive director of the department of early childhood;

(III) Two representatives from the office of children, youth, and families in the division of child welfare in the department of human services;

(IV) Three representatives from the department of education, one with expertise in workforce development, one with expertise in post-secondary pathways, and one who represents rural K-12 communities or has rural K-12 expertise, all appointed by the commissioner of education;

(V) Two representatives from the behavioral health administration in the department of human services and appointed by the behavioral health commissioner. One representative must have experience in substance use and drug prevention and one representative must have experience with mental health issues.

(VI) Two representatives from the division of criminal justice in the department of public safety, appointed by the executive director of the department of public safety; and

(VII) Five representatives from community-based organizations, as well as current agency grantees, working in the target communities, as identified by the task force pursuant to subsection (2)(a) of this section, and appointed by the task force. Two of the representatives from community-based organizations must be ones that focus on individuals with intellectual and developmental disabilities or severe mental or behavioral health disorders.

(b) The task force must also either:

(I) Include a nonvoting member who is a person with experience in, or represents an organization with experience in, delivery of actionable data information and analysis and data readiness; or

(II) Allow for presentations on actionable data information and analysis and data readiness.

(4) For insights into grant alignment practices, the task force shall consult with the following agencies:

(a) The department of personnel and administration; and

(b) The department of higher education.

(5) After the task force identifies the target communities pursuant to subsection (2)(a) of this section, the task force shall consult with local governmental entities that include, but are not limited to, city and county government officials; local law enforcement and district attorneys; local education providers; local and regional public health administrators; and any local community-based organizations that have received state-level grants in the areas of youth suicide, violence prevention and intervention, and reducing youth risk factors.

(6) The task force must have an employee to support work of the task force.

(7) The members of the task force shall serve on a voluntary basis without compensation, except for the representatives from nongovernmental agencies, who may receive a per diem stipend. All members are entitled to compensation for actual and necessary expenses incurred in the performance of the task force members' duties.

(8) (a) The task force shall present its preliminary findings, goals, objectives, and guidelines to the judiciary committees of the house of representatives and the senate and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, during the department's SMART Act hearings held in January 2024. The 2024 SMART Act report must include further descriptions of how the task force identified which target communities to prioritize, including whether or if certain factors were weighted or assessed. The task force shall report a timeline with specific deliverables, including when target communities will be defined, when data sources will be identified, and when data sharing agreements will be conformed.

(b) In January 2025, the task force shall present its final report that establishes clear and shared goals, objectives, and guidelines to prioritize, align, and pool agency resources, including new and existing grant money, that would guide intervention, prevention, and tracking statistics to achieve the maximum impact on reducing youth violence, suicide, and delinquency risk factors in priority communities. The task force shall include in its report how it will display and track data towards the efficacy of the strategies and goals; how the task force will collect future data from streamlined grant applications, such as reflected in annual reports, as narrative or data tables; and how or if the task force will reassess factors and data on an ongoing basis. The task force shall make its presentation to the judiciary committees of the house of representatives and the senate and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, during the department's SMART Act hearings held in January 2025.

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

(a) Community-based organization means a person, private nonprofit agency, corporation, association, or other nongovernmental agency.

(b) Governmental unit means any county, city and county, city, town, district attorney's office, or school district.

(c) Target communities means the communities identified by the task force as part of the task force's duties pursuant to subsection (2)(a) of this section.

(d) Task force means the task force created in subsection (1) of this section to establish shared goals, objectives, and guidelines for entities to utilize in prioritizing new and existing grant money to ensure achieving a maximum impact in reducing youth violence, suicide, and delinquency risk factors for target communities with the highest rates of youth violence, suicide, or delinquency risk factors.

Source: L. 2023: Entire section added, (HB 23-1223), ch. 433, p. 2538, � 1, effective June 7.

Editor's note: The provisions of subsection (3) in HB 23-1223 were renumbered on revision for ease of location.

25-1-138. Health facilities - on-site administered topical medication - use for continued treatment - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Facility-provided medication or medication means a topical medication that a health facility has on hand or is retrieved from a dispensing system for a specified patient for use during a surgical procedure or a visit to a health facility.

(b) Health facility means a hospital licensed pursuant to section 25-1.5-103 and an ambulatory surgical center licensed pursuant to article 3 of this title 25.

(2) (a) A health facility or hospital pharmacy may offer any unused portion of a facility-provided medication to a patient upon the patient's discharge from the health facility if the medication is required for continued treatment, the medication does not contain a controlled substance, and the medication was administered to the patient during the patient's visit to the health facility. A health facility shall document within the patient's medical record that the patient must continue the medication at home, including the patient's dosage and directions for use.

(b) A health facility or hospital pharmacy shall:

(I) Label a facility-provided medication with, at a minimum, the facility name, the prescribing health-care provider's name, the patient's name, the drug identification, and the directions for use if the instructions are not provided to the patient at the time of discharge from the facility; or

(II) If the facility-provided medication's container includes only the name and strength of the medication, include the facility name, the prescribing health-care provider's name, the patient's name, and the directions for use with education materials provided to the patient at the time of discharge from the facility.

(3) If a facility-provided medication is used for a patient in an operating room or emergency department setting or for a visit to a health facility and the facility-provided medication is provided to the patient for continuity of treatment, the health facility or hospital pharmacy, whichever provides the medication, is responsible for counseling the patient on the proper use of the medication, and a pharmacist's requirement to counsel the patient concerning the medication pursuant to section 12-280-138 is waived.

Source: L. 2024: Entire section added, (SB 24-087), ch. 120, p. 391, � 2, effective April 22.