Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0699.02 Brita Darling x2241 HOUSE BILL 22-1359 House Committees Senate Committees Finance A BILL FOR AN ACT C ONCERNING THE CREATION OF THE COLORADO HOUSEHOLD101 FINANCIAL RECOVERY PROGRAM .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill requires the state treasurer to establish the Colorado household financial recovery program (program) in the department of the treasury to partner with financial institutions to incentivize lending to low-income individuals and households impacted by the COVID-19 pandemic or its negative economic impacts. Money available for the program must be used for one or more of HOUSE SPONSORSHIP Bacon and Snyder, SENATE SPONSORSHIP Rodriguez, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. the following purposes: ! To establish a loan loss reserve to partially offset risk to lenders in making loans to individuals and households impacted by the COVID-19 pandemic; ! To make payments to lenders to buy down interest rates on loans made to individuals and households impacted by the COVID-19 pandemic; ! To provide lending capital for affordable, small loans to individuals and households impacted by the COVID-19 pandemic; or ! To award grants to nonprofit community-based organizations to conduct marketing and outreach to individuals and households impacted by the COVID-19 pandemic who may be eligible to participate in the program. The state treasurer may select one or more program administrators, including banks, community development financial institutions, or credit unions, to administer all or a portion of the money available for the program. The administrator or administrators are selected based, in part, on their proposed use of the money, their ability to partner with nonprofit community-based organizations that work with individuals and households impacted by the COVID-19 pandemic, and to connect borrowers to affordable banking products and other financial services. The bill specifies program policies, including loan terms, and requires the state treasurer and administrators to establish and publicize additional program policies as necessary. The state treasurer or an administrator may establish a loan loss reserve to partially offset loan losses and thereby incentivize lending by financial institutions to individuals and households impacted by the COVID-19 pandemic. The state treasurer shall determine the amount of the offset and shall establish and publicize policies for participating financial institutions. The state treasurer shall report annually to the governor and certain committees of the general assembly concerning the use of program money and other information concerning the program. The bill creates a fund for the program and identifies allowable uses of the money in the fund. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add part 3 to article2 36 of title 24 as follows:3 PART 34 HB22-1359-2- COLORADO HOUSEHOLD FINANCIAL1 RECOVERY PROGRAM2 24-36-301. Short title. T HE SHORT TITLE OF THIS PART 3 IS THE3 "C OLORADO HOUSEHOLD FINANCIAL RECOVERY PROGRAM ACT".4 24-36-302. Legislative declaration. (1) T HE GENERAL ASSEMBLY5 FINDS AND DECLARES THAT:6 (a) T HE COVID-19 PANDEMIC HAS HAD DEVASTATING ECONOMIC7 AND HEALTH CONSEQUENCES ACROSS THE STATE , NEGATIVELY IMPACTING8 MANY COLORADANS AND DISPROPORTIONATELY HARMING INDIVIDUALS9 AND HOUSEHOLDS THAT WERE ALREADY ECONOMICALLY INSECURE ;10 (b) T HE COVID-19 PANDEMIC HAS CAUSED MANY LOW - AND11 MODERATE-INCOME INDIVIDUALS AND HOUSEHOLDS TO LOSE INCOME DUE12 TO THE LOSS OF EMPLOYMENT , SPEND DOWN THEIR SAVINGS , BORROW13 FROM FRIENDS, AND INCUR MORE DEBT;14 (c) A S A RESULT OF THE RECESSION PRECIPITATED BY THE15 COVID-19 PANDEMIC, LONG-TERM ECONOMIC CHALLENGES CONTINUE16 FOR MANY IN COLORADO, DUE TO, AMONG OTHER FACTORS , DAMAGED17 CONSUMER CREDIT SCORES AND REDUCED FAMILIAL AND CHILDHOOD18 WELL-BEING;19 (d) F URTHER, MANY INDIVIDUALS AND HOUSEHOLDS FACING20 FINANCIAL INSECURITY, INCLUDING UNSERVED AND UNDERSERVED21 POPULATIONS, LACK ACCESS TO FINANCIAL AND BANKING SERVICES ,22 INCLUDING AFFORDABLE LOANS , TO HELP ADDRESS EC ONOMIC23 INSECURITY;24 (e) T OGETHER WITH FINANCIAL COACHING AND SAFE AND25 AFFORDABLE BANKING PRODUCTS , LOW-COST LOANS ARE AN IMPORTANT26 TOOL TO BUILD LONG-TERM FINANCIAL HEALTH;27 HB22-1359 -3- (f) BY INCENTIVIZING FINANCIAL INSTITUTIONS TO ISSUE LOANS TO1 IMPACTED INDIVIDUALS AND HOUSEHOLDS THROUGH A LOAN LOSS2 RESERVE, BUYING DOWN INTEREST RATES , OR PROVIDING LENDING3 CAPITAL, THE STATE CAN FOSTER LONG-TERM TRANSFORMATIVE CHANGE4 FOR INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE COVID-195 PANDEMIC OR ITS NEGATIVE ECONOMIC IMPACTS ;6 (g) W ITH ONE-TIME MONEY, THE STATE CAN CATALYZE POSITIVE7 MARKET FORCES THAT EXIST OUTSIDE OF STATE GOVERNMENT ,8 LEVERAGING NEW, OR FREEING UP EXISTING, RESOURCES TO SUPPORT THE9 CREATION OF AFFORDABLE LENDING PRODUCTS CURRENTLY UNAVAILABLE10 TO MANY COLORADANS; AND11 (h) T HEREFORE, THE CREATION OF A HOUSEHOLD FINANCIAL12 RECOVERY PROGRAM SUPPORTS THE LONG -TERM RECOVERY OF COLORADO13 INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC14 AND IS AN APPROPRIATE RESPONSE TO THE HARM CAUSED BY THE15 COVID-19 PANDEMIC OR ITS NEGATIVE ECONOMIC IMPACTS .16 24-36-303. Definitions. A S USED IN THIS PART 3, UNLESS THE17 CONTEXT OTHERWISE REQUIRES :18 (1) "A DMINISTRATOR" MEANS AN ENTITY THAT THE STATE19 TREASURER CONTRACTS WITH PURSUANT TO SECTION 24-36-304 TO20 ADMINISTER THE PROGRAM .21 (2) "C OUNCIL" MEANS THE COUNCIL ESTABLISHED PURSUANT TO22 SECTION 24-31-1102 (3)(c) BY THE FINANCIAL EMPOWERMENT OFFICE23 CREATED IN SECTION 24-31-1101.24 (3) "COVID-19" MEANS THE CORONAVIRUS DISEASE CAUSED BY25 THE SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO26 KNOWN AS SARS-COV-2.27 HB22-1359 -4- (4) "FUND" MEANS THE COLORADO HOUSEHOLD FINANCIAL1 RECOVERY PROGRAM FUND CREATED IN SECTION 24-36-306.2 (5) "P ROGRAM" MEANS THE COLORADO HOUSEHOLD FINANCIAL3 RECOVERY PROGRAM CREATED IN THIS PART 3.4 24-36-304. Colorado household financial recovery program -5 created - selection of administrators - grants. (1) T HE STATE6 TREASURER SHALL ESTABLISH THE COLORADO HOUSEHOLD FINANCIAL7 RECOVERY PROGRAM ADMINISTERED IN ACCORDANCE WITH THE8 REQUIREMENTS OF THIS PART 3 AND ANY POLICIES ESTABLISHED FOR THE9 PROGRAM BY THE STATE TREASURER OR BY AN ADMINISTRATOR PURSUANT10 TO SUBSECTION (8) OF THIS SECTION. THE PURPOSE OF THE PROGRAM IS TO11 FACILITATE LENDING TO INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE12 COVID-19 PANDEMIC WHO FACE FINANCIAL INSECURITY AND WHO HAVE13 DIFFICULTY ACCESSING AFFORDABLE LOANS TO ADDRESS THE FINANCIAL14 INSECURITY.15 (2) (a) I N RESPONSE TO THE COVID-19 PANDEMIC AND THE HARM16 CAUSED TO INDIVIDUALS AND HOUSEHOLDS BY ITS NEGATIVE ECONOMIC17 IMPACTS, MONEY FOR THE PROGRAM MAY BE USED FOR ONE OR MORE OF18 THE FOLLOWING PURPOSES UNDER THE PROGRAM TO ASSIST INDIVIDUALS19 AND HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC:20 (I) T O ESTABLISH A LOAN LOSS RESERVE IN ACCORDANCE WITH21 SUBSECTION (9) OF THIS SECTION TO PARTIALLY OFFSET RISK TO LENDERS22 IN MAKING LOANS TO INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE23 COVID-19 PANDEMIC;24 (II) T O MAKE PAYMENTS TO LENDERS TO BUY DOWN THE INTEREST25 RATE ON LOANS MADE TO INDIVIDUALS AND HOUSEHOLDS IMPACTED BY26 THE COVID-19 PANDEMIC;27 HB22-1359 -5- (III) TO PROVIDE LENDING CAPITAL FOR UNCOLLATERALIZED1 LOANS TO INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE COVID-192 PANDEMIC. ALL LOANS MADE OR INCENTIVIZED UNDER THE PROGRAM3 MUST INCLUDE THE FOLLOWING TERMS :4 (A) A MAXIMUM LOAN AMOUNT OF FIVE THOUSAND DOLLARS ,5 WHICH LOAN AMOUNT MAY OTHERWISE VARY IN PROPORTION TO THE6 HARM EXPERIENCED BY THE INDIVIDUALS OR HOUSEHOLDS IMPACTED BY7 THE COVID-19 PANDEMIC;8 (B) A MAXIMUM ANNUAL PERCENTAGE RATE OF FIVE PERCENT ;9 (C) B ORROWER REPORTING; AND10 (D) R EPORTING TO MAJOR CREDIT AGENCIES CONCERNING11 REQUIRED PAYMENTS ON THE LOAN .12 (IV) T O AWARD GRANTS TO NONPROFIT COMMUNITY -BASED13 ORGANIZATIONS IN ACCORDANCE WITH SUBSECTION (10) OF THIS SECTION14 TO CONDUCT MARKETING AND OUTREACH TO INDIVIDUALS AND15 HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC WHO MAY BE16 ELIGIBLE TO PARTICIPATE IN THE PROGRAM, INCLUDING MARKETING AND17 OUTREACH TO INDIVIDUALS AND HOUSEHOLDS THAT ARE ECONOMICALLY18 INSECURE AND FINANCIALLY UNSERVED AND UNDERSERVED .19 (b) T HE STATE TREASURER MAY CONTRACT WITH ONE OR MORE20 FINANCIAL INSTITUTIONS, INCLUDING BANKS, COMMUNITY DEVELOPMENT21 FINANCIAL INSTITUTIONS, OR CREDIT UNIONS, TO ADMINISTER ALL OR A22 PORTION OF THE MONEY AVAILABLE FOR THE PROGRAM .23 (3) T HE STATE TREASURER SHALL:24 (a) U SE AN OPEN AND COMPETITIVE PROCESS FOR SELECTING ONE25 OR MORE ADMINISTRATORS ; AND26 (b) S ELECT AN APPLICANT OR APPLICANTS TO ADMINISTER THE27 HB22-1359 -6- PROGRAM BASED ON THE FOLLOWING CRITERIA :1 (I) T HE APPLICANT'S PROPOSED USE OF MONEY AND WHETHER THE2 PROPOSED USE ALIGNS WITH PROGRAM GOALS ;3 (II) T HE STRENGTH OF THE APPLICANT 'S RELATIONSHIPS WITH4 NONPROFIT COMMUNITY-BASED ORGANIZATIONS THAT SERVE INDIVIDUALS5 AND HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC WHO:6 (A) A RE TRADITIONALLY UNSERVED OR UNDERSERVED BY THE7 CURRENT BANKING SYSTEM ; AND8 (B) S UFFERED THE GREATEST HARM FROM THE NEGATIVE9 ECONOMIC IMPACTS OF THE COVID-19 PANDEMIC, INCLUDING PEOPLE OF10 COLOR, INDIVIDUALS IN LOW -WAGE EMPLOYMENT , WOMEN, AND11 INDIVIDUALS WITHOUT COLLEGE DEGREES ;12 (III) T HE APPLICANT'S ABILITY TO CONNECT BORROWERS TO :13 (A) S AFE AND AFFORDABLE BANKING PRODUCTS WITH LOW FEES14 AND EASY ACCESS TO ACCOUNTS ; AND15 (B) F INANCIAL COUNSELING AND COACHING AND16 WEALTH-BUILDING SERVICES;17 (IV) T HE APPLICANT'S ABILITY TO SERVE INDIVIDUALS WHO ARE18 UNDERSERVED BY TRADITIONAL LENDERS , INCLUDING INDIVIDUALS WHO19 HAVE NO CREDIT HISTORY;20 (V) T HE ABILITY OF THE APPLICANT TO DEVISE LOAN PAYMENT21 PLANS THAT INCLUDE OPPORTUNITIES TO BUILD SAVINGS ; AND22 (VI) T HE APPLICANT'S ABILITY TO ATTRACT LENDING CAPITAL.23 (4) I N SELECTING AN APPLICANT OR APPLICANTS TO ADMINISTER24 THE PROGRAM, THE STATE TREASURER SHALL CONSULT WITH THE25 COUNCIL. MEMBERS OF THE COUNCIL WHO ARE OFFICIALS IN OR26 EMPLOYEES OF THE DEPARTMENT OF LAW SHALL RECUSE THEMSELVES27 HB22-1359 -7- FROM THE EVALUATION AND SELECTION PROCESS .1 (5) T HE STATE TREASURER MAY ADVANCE MONEY UNDER A2 CONTRACT TO AN APPLICANT SELECTED TO ADMINISTER THE PROGRAM IN3 ORDER TO PAY FOR INITIAL COSTS.4 (6) T HE STATE TREASURER'S CONTRACT WITH AN ADMINISTRATOR5 MAY REQUIRE THE RETURN OF MONEY FROM THE ADMINISTRATOR FOR6 REALLOCATION UNDER THE PROGRAM IF THE ADMINISTRATOR HAS BEEN7 UNABLE TO EFFECTIVELY USE MONEY ALLOCATED FOR THE PROGRAM .8 (7) T HE STATE TREASURER'S CONTRACT WITH AN ADMINISTRATOR9 MAY REQUIRE AN ADMINISTRATION FEE IN AN AMOUNT REASONABLY10 CALCULATED TO COVER THE ONGOING COSTS OF THE STATE TREASURER IN11 OVERSEEING THE PROGRAM ADMINISTRATION . THE STATE TREASURER12 SHALL DEPOSIT THE ADMINISTRATION FEE IN THE FUND .13 (8) T HE STATE TREASURER , IN COLLABORATION WITH ANY14 ADMINISTRATOR SELECTED BY THE STATE TREASURER , SHALL ESTABLISH15 AND PUBLICIZE POLICIES FOR THE USE OF MONEY UNDER THE PROGRAM , TO16 INCLUDE:17 (a) P ROGRAM DEADLINES, APPLICATION PROCEDURES AND FEES ,18 AND ANY OTHER COSTS ASSOCIATED WITH THE USE OF MONEY UNDER THE19 PROGRAM;20 (b) U NDERWRITING OR RISK MANAGEMENT POLICIES ; AND21 (c) E LIGIBILITY REQUIREMENTS TO INCLUDE INDIVIDUALS AND22 HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC.23 (9) (a) I F THE STATE TREASURER DETERMINES THAT A LOAN LOSS24 RESERVE WILL INCENTIVIZE LENDING TO INDIVIDUALS AND HOUSEHOLDS25 IMPACTED BY THE COVID-19 PANDEMIC, THE STATE TREASURER MAY26 ESTABLISH A LOAN LOSS RESERVE FOR THE PROGRAM IN THE DEPARTMENT27 HB22-1359 -8- OF THE TREASURY, OR MAY SELECT ONE OR MORE ADMINISTRATORS1 PURSUANT TO SUBSECTION (3) OF THIS SECTION TO ESTABLISH A LOAN2 LOSS RESERVE. THE LOAN LOSS RESERVE MAY BE USED TO PROVIDE3 GRANTS TO FINANCIAL INSTITUTIONS PARTICIPATING IN THE PROGRAM TO4 PARTIALLY OFFSET LOSSES ON LOANS MADE TO INDIVIDUALS AND5 HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC.6 (b) T HE STATE TREASURER SHA LL DETERMINE THE AMOUNT AND7 CONDITIONS FOR THE OFFSET OF LOSSES THROUGH THE LOAN LOSS8 RESERVE AND SHALL ESTABLISH AND PUBLICIZE POLICIES FOR9 PARTICIPATING FINANCIAL INSTITUTIONS.10 (10) (a) T HE STATE TREASURER, OR AN ADMINISTRATOR SELECTED11 PURSUANT TO SUBSECTION (3) OF THIS SECTION, MAY AWARD GRANTS TO12 NONPROFIT COMMUNITY-BASED ORGANIZATIONS TO CONDUCT MARKETING13 AND OUTREACH TO INDIVIDUALS AND HOUSEHOLDS IMPACTED BY THE14 COVID-19 PANDEMIC WHO MAY BE ELIGIBLE TO PARTICIPATE IN THE15 PROGRAM, INCLUDING MARKETING AND OUTREACH TO INDIVIDUALS AND16 HOUSEHOLDS THAT ARE ECONOMICALLY INSECURE AND FINANCIALLY17 UNSERVED AND UNDERSERVED . THE STATE TREASURER , IN18 COLLABORATION WITH ANY ADMINISTRATOR SELECTED PURSUANT TO19 SUBSECTION (3) OF THIS SECTION, SHALL DEVELOP PROCEDURES FOR20 APPLYING FOR A GRANT, FOR ALLOWABLE USES OF GRANT MONEY , AND21 FOR REPORTING ON THE USE OF GRANT MONEY .22 (b) A NONPROFIT COMMUNITY-BASED ORGANIZATION MAY USE A23 GRANT TO PROVIDE SERVICES AND ASSISTANCE TO THE PROGRAM ,24 INCLUDING:25 (I) E DUCATIONAL AND OUTREACH ACTIVITIES , INCLUDING STAFF26 SUPPORT FOR THESE ACTIVITIES;27 HB22-1359 -9- (II) TECHNICAL ASSISTANCE RELATING TO THE PROGRAM ; AND1 (III) O THER ACTIVITIES THAT HELP CONNECT INDIVIDUALS AND2 HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC TO THE PROGRAM.3 24-36-305. Report. (1) O N OR BEFORE NOVEMBER 1, 2023, AND4 ON OR BEFORE NOVEMBER 1 OF EACH YEAR THEREAFTER IN WHICH THE5 PROGRAM IS BEING ADMINISTERED BY THE STATE TREASURER OR A6 SELECTED ADMINISTRATOR , THE STATE TREASURER SHALL SUBMIT A7 REPORT TO THE GOVERNOR AND TO THE HOUSE OF REPRESENTATIVES8 BUSINESS AFFAIRS AND LABOR COMMI TTEE AND THE SENATE BUSINESS ,9 LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR SUCCESSOR10 COMMITTEES, DETAILING THE EXPENDITURE OF MONEY APPROPRIATED FOR11 THE PROGRAM AND THE IMPACT OF THE PROGRAM ON INDIVIDUALS AND12 HOUSEHOLDS IMPACTED BY THE COVID-19 PANDEMIC OR ITS NEGATIVE13 ECONOMIC IMPACTS. NOTWITHSTANDING THE REQUIREMENTS OF SECTION14 24-1-136 (11)(a)(I), THE REQUIREMENT IN THIS SUBSECTION (1) TO SUBMIT15 THE REPORT CONTINUES INDEFINITELY .16 (2) A T A MINIMUM, THE REPORT SUBMITTED PURSUANT TO17 SUBSECTION (1) OF THIS SECTION MUST INCLUDE:18 (a) T HE PURPOSES, AS SPECIFIED IN SECTION 24-36-304 (2)(a), FOR19 WHICH PROGRAM MONEY WAS USED , AND THE NUMBER AND A20 DESCRIPTION OF THE INDIVIDUALS AND HOUSEHOLDS BENEFITTING FROM21 THE PROGRAM;22 (b) T HE GEOGRAPHIC DISTRIBUTION OF PROGRAM BENEFICIARIES ;23 (c) T HE NUMBER OF LOAN DEFAULTS ;24 (d) I NFORMATION CONCERNING THE USE AND IMPACT OF A LOAN25 LOSS RESERVE; AND26 (e) A SUMMARY OF GRANTS AWARDED TO NONPROFIT27 HB22-1359 -10- COMMUNITY-BASED ORGANIZATIONS TO PROVIDE EDUCATIONAL AND1 OUTREACH ACTIVITIES AND ASSISTANCE TO THE PROGRAM .2 24-36-306. Colorado household financial recovery program3 fund - created - transfer - gifts, grants, and donations authorized.4 (1) (a) T HE COLORADO HOUSEHOLD FINANCIAL RECOVERY PROGRAM5 FUND IS HEREBY CREATED IN THE STATE TREASURY .6 (b) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND7 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE8 FUND TO THE FUND.9 (c) M ONEY APPROPRIATED, TRANSFERRED, OR CREDITED TO THE10 FUND IS CONTINUOUSLY APPROPRIATED TO THE STATE TREASURER FOR THE11 PURPOSES SPECIFIED IN SUBSECTION (4) OF THIS SECTION.12 (d) T HE STATE TREASURER MAY EXPEND UP TO TWO PERCENT OF13 THE MONEY APPROPRIATED TO THE FUND TO PAY THE DIRECT AND14 INDIRECT COSTS INCURRED BY THE STATE TREASURER IN IMPLEMENTING15 OR ADMINISTERING THE PROGRAM .16 (2) T HE FUND CONSISTS OF:17 (a) M ONEY APPROPRIATED TO THE FUND BY THE GENERAL18 ASSEMBLY FOR PURPOSES OF THIS PART 3;19 (b) M ONEY TRANSFERRED TO THE FUND ;20 (c) F EES COLLECTED PURSUANT TO SECTION 24-36-304 (7); AND21 (d) G IFTS, GRANTS, OR DONATIONS CREDITED TO THE FUND22 PURSUANT TO SUBSECTION (3) OF THIS SECTION.23 (3) T HE STATE TREASURER MAY SEEK, ACCEPT, AND EXPEND GIFTS,24 GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE25 PURPOSES OF THIS PART 3. THE STATE TREASURER SHALL CREDIT ALL26 MONEY RECEIVED THROUGH GIFTS , GRANTS, AND DONATIONS TO THE27 HB22-1359 -11- FUND.1 (4) M ONEY IN THE FUND MAY BE USED FOR:2 (a) T HE PURPOSES SPECIFIED IN SECTION 24-36-304; AND3 (b) A NY OTHER PURPOSE RELATING TO THE ADMINISTRATION AND4 IMPLEMENTATION OF THIS PART 3.5 SECTION 2. Safety clause. The general assembly hereby finds,6 determines, and declares that this act is necessary for the immediate7 preservation of the public peace, health, or safety.8 HB22-1359 -12-