Weekly Policy Blog: Colorado’s 2024 Legislative Session Wraps Up
By: Colorado BioScience Association Date: 05/13/2024
Colorado’s 2024 legislative session, the Second Regular Session of the 74th General Assembly, concluded on May 8, the 120th day of session. During the final weeks of session, the Colorado BioScience Association (CBSA) team, in partnership with the Colorado Legislative Strategies team, our members, and our partners, continued to actively weigh in on key legislation and advocate on behalf of our life sciences ecosystem.
Of the 705 bills introduced by the General Assembly, CBSA took positions on 33 bills aligned to CBSA’s Policy Priorities, including bills related to innovation, education and workforce, access and cost, and the regulatory environment. CBSA supported fifteen bills, opposed two bills, took an “amend” position on eight bills, and monitored eight bills.
Twenty-six of the 33 bills CBSA took positions on passed the General Assembly and either have been or will be sent to the Governor for his signature. Governor Polis has until June 7, 30 days from the last day of session, to sign bills and decide whether he will veto any bills.
The table below summarizes all of the bills CBSA took positions on in 2024. A brief summary of each bill and CBSA’s engagement follows.
Innovation
HB24-1396 General Fund Transfer to Advanced Industries Programs
Rep. S. Bird, Rep. R. Taggart; Sen. J. Bridges, Sen. B. Kirkmeyer
Support ǀ Passed – signed into law by Governor Polis on April 18.
In 2023, CBSA led advocacy efforts to reauthorize the Advanced Industries Accelerator Grant Programs through SB23-066, working with our advanced industries partners and Colorado’s Office of Economic Development and International Trade (OEDIT). HB24-1396 was a follow-up bill introduced by the Joint Budget Committee to extend full funding for these critically important grant programs until 2034.
HB24-1325 Tax Credits for Quantum Industry Support
Rep. M. Soper, Rep. A. Valdez; Sen. M. Baisley, Sen. J. Bridges
Support ǀ Passed third reading in the Senate on May 8 and will be sent to Governor Polis for his signature.
HB24-1325 was introduced following the Biden administration naming Colorado a federally designated quantum tech hub in October 2023, citing the industry’s technological uses for medicine, computing, logistics, networks, and military operations. The state is now trying to compete in the second phase for money to develop a quantum technology ecosystem. At stake is up to $70 million in federal funding, and this legislation maximizes the state’s competitiveness by investing an additional $74 million in the industry’s development.
HB24-1036 Adjusting Certain Tax Expenditures
Rep. L. Frizell, Rep. M. Weissman; Sen. C. Hansen, Sen. C. Kolker
Amend ǀ Passed the General Assembly on May 8 and was sent to Governor Polis for his signature on May 10
HB24-1036, from the Legislative Oversight Committee Concerning Tax Policy, modifies several tax expenditures and repeals a variety of infrequently used tax expenditures, including the Biotechnology Sales and Use Tax Refund, which was discussed in the September 2022 Tax Expenditures Compilation Report from the Colorado Office of the State Auditor. CBSA successfully worked with the bill sponsors to push back the repeal data for the Biotechnology Sales and Use Tax Refund from 2025 to 2026 so we can continue to work with stakeholders and introduce a new bill in 2025 addressing this tax refund.
Education & Workforce
HB24-1231 State Funding for Higher Education Projects
Rep. L. Daugherty, Rep. M. Young; Sen. B. Kirkmeyer, Sen. K. Mullica
Support ǀ Passed – signed into law by Governor Polis on May 1.
HB24-1231 provides $50 million in funding for construction of a Veterinary Health Education Complex at Colorado State University as well as makes historic investments in three other higher education institutions working to meet healthcare needs across the state: the College of Osteopathic Medicine at the University of Northern Colorado, the Health Institute Tower at Metro State University in Denver and the Valley Campus Building Addition at Trinidad State.
HB24-1364 Education-Based Workforce Readiness
Rep. J. Bacon, Rep. J. McCluskie; Sen. J. Bridges, Sen. P. Lundeen
Support ǀ Passed the General Assembly on May 6 and was sent to Governor Polis for his signature on May 10.
HB24-1364 seeks to implement recommendations of the “1215 task force” that studied how to blur the lines between K-12, higher education, and workforce to get more young learners into careers. Among other things, the bill will create a statewide longitudinal data system that will compare the rates at which graduates of various programs achieve jobs in sustainably paying career fields.
HB24-1365 Opportunity Now Grants & Tax Credit
Rep. M. Lukens, Rep. M. Soper; Sen. J. Bridges, Sen. P. Will
Support ǀ Passed third reading in the Senate on May 6 and will be sent to Governor Polis for his signature.
HB24-1365 takes concrete steps to improve business-education collaboration through the creation of regional talent-development summits. At seven summits across the state, community leaders would identify talent pipeline shortages and create two- and five-year plans to fix them, helping to break down barriers that may exist between learning centers and the employers who hire their graduates. The bill also authorizes the fourth and final round of the state’s $85 million Opportunity Now grant program, initiated in 2022 and funded by OEDIT. This final payment allocates $3.8 million for building and construction trades, along with a $15 million refundable tax credit to increase the capacity of eligible training providers.
HB24-1439 Financial Incentives Expand Apprenticeship Programs
Rep. R. Weinberg, Rep. J. Willford; Sen. M. Baisley, Sen. J. Coleman
Support ǀ Passed the General Assembly on May 6 and was sent to Governor Polis for his signature on May 8.
HB24-1439 creates a refundable apprenticeship tax credit for employers and a grant program for intermediaries like local chambers to help connect educational institutions and small/medium employers on apprenticeships.
HB24-1446 Professional Development for Science Teachers
Rep. A. Hartsook, Rep. B. McLachlan; Sen. J. Buckner, Sen. B. Pelton
Support ǀ Passed the General Assembly on May 4 and was sent to Governor Polis for his signature on May 10.
HB24-1446 requires the Department of Education to develop and offer a free, optional professional development program to enhance pedagogy around research-based Colorado academic standards in science. The program must create incentives for teacher participation by offering ongoing professional development credit toward licensure renewal. The program prioritizes professional development for eligible science teachers in rural school districts and small rural school districts. CBSA testified in support of this bill in committee hearings in both the House and Senate.
SB24-104 Career & Technical Education & Apprenticeships
Sen. J. Danielson; Rep. E. Hamrick
Support ǀ Passed third reading in the House on May 4 and will be sent to Governor Polis for his signature.
SB24-104 requires the state apprenticeship agency in the Department of Labor and Employment, in coordination with the career and technical education division of the Colorado community college system, to align the high school career and technical education system and the registered apprenticeship system for programs and occupations related to infrastructure, advanced manufacturing, education, or health care. By July 2026, the bill requires both entities to expand the number of aligned pathways, prioritizing programs and occupations identified as top jobs by the annual Colorado talent pipeline report.
HB24-1160 Economic Development Organization Action Grant Program
Rep. S. Bird, Rep. B. McLachlan; Sen. B. Kirkmeyer, Sen. R. Zenzinger
Support ǀ Lost – passed out of the House Committee on Business Affairs & Labor on February 22 and was referred to Appropriations, but died on the calendar.
HB24-1160 would have created an economic development organization (EDO) action grant program within OEDIT to provide grants to Colorado-based EDOs to support and increase EDO capacity to implement community-specific economic development programming.
SB24-050 Colorado Workforce Demonstration Grants Pilot Program
Sen. T. Exum
Support ǀ Lost – passed out of the Senate Committee on Business, Labor, & Technology on February 1 and was referred unamended to Appropriations, but died on the calendar.
SB-050 would have created a pilot program to award grants to eligible workforce training providers, based on certain criteria.
Access & Cost
HB24-1149 Prior Authorization Requirements Alternatives
Rep. S. Bird, Rep. L. Frizell; Sen. B. Kirkmeyer, Sen. D. Roberts
Support ǀ Passed third reading in the Senate on April 25 and will be sent to Governor Polis for his signature.
HB24-1149 requires carriers and pharmacy benefit managers (PBMs) to adopt a program to eliminate or substantially modify prior authorization requirements in a manner that removes administrative burdens on qualified providers and their patients with regard to certain healthcare services, prescription drugs, or related benefits based on specified criteria. The bill would also extend the duration of an approved prior authorization for a healthcare service or prescription drug benefit from 180 days to one year.
HB24-1382 Insurance Coverage Pediatric Neuropsychiatric Syndrome
Rep. J. Amabile, Rep. K. Brown; Sen. K. Mullica
Support ǀ Passed third reading in the Senate on May 6 and will be sent to Governor Polis for his signature.
HB24-1382, to the extent the coverage is not in addition to the benefits provided pursuant to the health insurance benchmark plan, requires all individual and group health benefit plans to provide coverage for pediatric acute-onset neuropsychiatric syndrome (PANS) and includes pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS).
SB24-110 Medicaid Prior Authorization Prohibition
Sen. B. Kirkmeyer, Sen. R. Rodriguez; Rep. J. Amabile, Rep. E. Sirota
Support ǀ Passed the General Assembly on May 6 and will be sent to Governor Polis for his signature.
SB24-110 prohibits the Colorado Department of Health Care Policy & Financing from requiring an adult to be prescribed an antipsychotic prescription drug that is included on the Medicaid preferred drug list and used to treat a mental health disorder or mental health condition if certain requirements are met.
SB24-168 Remote Monitoring Services for Medicaid Members
Sen. D. Roberts, Sen. C. Simpson; Rep. M. Martinez, Rep. J. McCluskie
Support ǀ Passed third reading in the House on May 7 and will be sent to Governor Polis for his signature.
SB24-168 requires the Colorado Department of Health Care Policy & Financing (HCPF) to provide reimbursement for the use of telehealth remote monitoring for outpatient services for certain Medicaid members and requires HCPF to provide coverage for continuous glucose monitors for members. In addition, the bill creates the telehealth remote monitoring grant program to provide grants to an outpatient healthcare facility located in a designated rural county or designated provider shortage area to assist the clinic with the financial cost of providing telehealth remote monitoring for outpatient clinical services.
SB24-054 Diabetes Prevention & Obesity Treatment Act
Sen. J. Ginal, Sen. D. Michaelson Jenet; Rep. K. Brown, Rep. J. Mabrey
Support ǀ Lost – passed out of the House Committee on Health & Human Services on May 2 and was referred to Appropriations, but died on the calendar.
SB24-054 would have required private insurance companies to provide coverage for the treatment of the chronic disease of obesity and the treatment of pre-diabetes, including coverage for intensive behavioral or lifestyle therapy, bariatric surgery, and FDA-approved anti-obesity medication. In addition, the bill would have required HCPF to seek federal authorization to provide treatment for the chronic disease of obesity and the treatment of pre-diabetes.
HB24-1438 Implement Prescription Drug Affordability Programs
Rep. I. Jodeh, Rep. J. Mabrey; Sen. D. Roberts
Oppose ǀ Passed the General Assembly on May 4 and will be sent to Governor Polis for his signature.
HB24-1438 makes it a deceptive trade practice under the Colorado Consumer Protection Act for a drug manufacturer to fail to comply with the manufacturer requirements under the insulin affordability program and the manufacturer requirements for the emergency supply of prescription insulin. The bill also authorizes the attorney general to enforce the epinephrine auto-injector affordability program. The bill increases applicable fines as well.
SB24-124 Health-Care Coverage for Biomarker Testing
Sen. D. Michaelson Jenet, Sen. J. Rich; Rep. M. Duran, Rep. A. Hartsook
Amend ǀ Passed the General Assembly on May 6 and will be sent to Governor Polis for his signature.
SB24-124 requires biomarker testing coverage under all large group health benefit plans issued or renewed on or after January 1, 2025, if the testing is supported by medical and scientific evidence. Subject to defrayal language that was added to the bill, the coverage requirement could also apply to individual and small group health benefit plans. A similar biomarker testing coverage requirement for Medicaid was removed from the bill. After several amendments were added to the introduced bill, CBSA moved from a “support” position to an “amend” position.
SB24-061 Creating a Drug Donation Program
Sen. R. Rodriguez
Amend ǀ Lost – passed out of the Senate Committee on Health & Human Services on April 10 and was referred to Appropriations, but it died on the calendar.
SB24-061 would have created a Colorado drug donation program to facilitate the safe donation and redispensing of medicine, including prescription and nonprescription or over-the-counter drugs, FDA-approved drugs labeled for investigational use, and medical devices. CBSA advocated for an exclusion for drugs designated as Risk Evaluation and Mitigation Strategy (REMS) drugs by the FDA.
SB24-203 Prescription Drug Board Consider Rare Disease Advisory Council
Sen. J. Ginal, Sen. B. Kirkmeyer; Rep. A. Hartsook, Rep. D. Ortiz
Monitor ǀ Passed third reading in the House on May 5 and will be sent to Governor Polis for his signature.
SB24-203 was introduced as an alternative to SB24-060 Prescription Drug Affordability Board Exempt Orphan Drugs, which failed to move forward. SB24-203 simply states that the Prescription Drug Affordability Board (PDAB) shall consider orphan drug status when determining whether to conduct an affordability review and consider input from consumers and the Colorado Rare Disease Advisory Council (RDAC), as well as during an affordability review.
Regulatory Environment
SB24-077 Prescription Drug Manufacturer Requirements
Sen. S. Jaquez Lewis, Sen. D. Michaelson Jenet; Rep. K. McCormick
Oppose ǀ Lost – postponed indefinitely by the Senate Committee on Health & Human Services on March 7.
SB24-077 would have required each manufacturer of a prescription drug that is available for purchase in Colorado to register with and pay a fee to the Colorado Division of Insurance. The bill also would have required a drug manufacturer that offers a copay assistance program to offer the program to a covered person either for the entire plan year or for the calendar year, for as long as the covered person is enrolled in the health benefit plan. CBSA engaged strongly as multiple iterations of the bill were considered.
HB24-1058 Protect Privacy of Biological Data
Rep. C. Kipp, Rep. M. Soper; Sen. M. Baisley, Sen. K. Priola
Amend ǀ Passed – signed into law by Governor Polis on April 17.
HB24-1058 modifies the Colorado Privacy Act passed in 2021, expanding the definition of “sensitive data” to include “biological data,” which also includes “neural data.” CBSA spoke to the bill sponsors about adding a “limited data set” exemption to the Colorado Privacy Act, which would enable entities that are not regulated under HIPAA to disclose data for beneficial purposes if they apply the obligations, protections, and limitations specified under the HIPAA privacy rule’s provisions concerning “limited data sets.” However, it was determined that this bill title was too narrow to add that additional exemption.
SB24-081 Perfluoroalkyl & Polyfluoroalkyl Chemicals
Sen. L. Cutter; Rep. C. Kipp, Rep. M. Rutinel
Amend ǀ Passed – signed into law by Governor Polis on May 1.
SB24-081 makes a number of changes to the law that prohibits the sale or distribution of certain consumer product categories that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals), commonly known as “forever chemicals.” After extensive work with the bill sponsors, CBSA secured an amendment that ensures exemption for all “drugs, medical devices, biologics, or diagnostics used in a medical setting or in medical applications related by the [FDA].”
SB24-150 Processing of Municipal Solid Waste
Sen. L. Cutter, Sen. D. Michaelson Jenet; Rep. M. Froelich
Amend ǀ Passed the General Assembly on May 6 and will be sent to Governor Polis for his signature.
SB24-150 prohibits a person from operating or expanding certain units that combust municipal solid waste and specifies exemptions to the prohibition. The bill also clarifies that combustion and combustion units do not meet certain standards established by state law or rules. CBSA engaged to make sure portions on the bill did not impose ancillary negative consequences on the life sciences ecosystem.
SB24-205 Consumer Protections for Artificial Intelligence
Sen. R. Rodriguez; Rep. M. Rutinel, Rep. B. Titone
Amend ǀ Passed the General Assembly on May 8 and will be sent to Governor Polis for his signature.
SB24-205 requires developers and deployers of high-risk artificial intelligence systems to use reasonable care to avoid algorithmic discrimination in the high-risk system. CBSA worked with the bill sponsors to ensure several important amendments were added that honed the language most relevant to the life sciences ecosystem.
SB24-067 Health-Related Research Test Subjects
Sen. S. Jaquez Lewis; Rep. L. García, Rep. M. Rutinel
Amend ǀ Lost – postponed indefinitely by the Senate Committee on Health & Human Services on March 13.
SB24-067 would have required facilities that use animals for health-related research to submit annual reports to the Colorado Department of Public Health and Environment (CDPHE) regarding the use of animals in the facility and transfer dogs and cats owned by the facility to animal shelters and pet animal rescues before euthanizing the animal.