Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 24-0316.01 Yelana Love x2295 SENATE BILL 24-048 Senate Committees House Committees Business, Labor, & Technology Health & Human Services Appropriations Appropriations A BILL FOR AN ACT C ONCERNING RECOVERY FROM SUBSTANCE USE DISORDERS , AND, IN 101 CONNECTION THEREWITH , MAKING AN APPROPRIATION .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/ .) Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill implements a voluntary designation process for recovery-friendly workplaces. Section 2 allows a school district to include in the annual pupil count a student who has transferred to a recovery high school before the pupil count date. HOUSE 3rd Reading Unamended May 6, 2024 HOUSE Amended 2nd Reading May 5, 2024 SENATE 3rd Reading Unamended April 24, 2024 SENATE Amended 2nd Reading April 23, 2024 SENATE SPONSORSHIP Priola, Jaquez Lewis, Buckner, Cutter, Exum, Fields, Gonzales, Michaelson Jenet, Roberts HOUSE SPONSORSHIP deGruy Kennedy and Lynch, Epps, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty, Duran, Garcia, Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Mabrey, McCluskie, McLachlan, Rutinel, Sirota, Snyder, Story, Titone, Valdez, Velasco, Vigil, Weissman, Willford, Young Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Section 3 allows a recovery community organization that receives a grant through the recovery support services grant program to use the money to provide guidance to individuals on the many pathways for recovery. Section 4 declares that recovery residences, sober living facilities, and sober homes are a residential use of land for zoning purposes. Sections 5 and 6 place restrictions on where liquor-licensed drugstores and fermented malt beverage and wine retailers may display alcohol beverages on the stores' licensed premises. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add part 3 to article2 20 of title 23 as follows:3 PART 34 RECOVERY-FRIENDLY WORKPLACES5 23-20-301. Definitions. A S USED IN THIS PART 3, UNLESS THE6 CONTEXT OTHERWISE REQUIRES :7 (1) "C ENTER" MEANS THE CENTER FOR HEALTH , WORK, AND 8 ENVIRONMENT AT THE COLORADO SCHOOL OF PUBLIC HEALTH .9 (2) "C ERTIFIED RECOVERY-FRIENDLY WORKPLACE " MEANS A 10 WORKPLACE THAT MEETS THE CRITERIA FOR CERTIFICATION AS11 ESTABLISHED BY THIS PART 3, ATTAINS DESIGNATION AS CERTIFIED BY THE12 RECOVERY-FRIENDLY WORKPLACE PROGRAM , AND RECEIVES WRITTEN13 DOCUMENTATION FROM THE PROGRAM OF SUCH DESIGNATION .14 15 (3) "E MPLOYEE" MEANS ANY PERSON WHO WORKS FOR SALARY ,16 WAGES, OR OTHER REMUNERATION FOR AN EMPLOYER SUBJECT TO THE17 PROVISIONS OF THIS PART 3 AND INCLUDES INDIVIDUALS IN MANAGERIAL18 POSITIONS, THOSE WORKING FOR OR ON BEHALF OF THE STATE ,19 CONTRACTORS, AND INDIVIDUALS IN WORK-FROM-HOME POSITIONS.20 048-2- (4) "EMPLOYER" MEANS ANY PUBLIC OR PRIVATE PERSON OR1 ENTITY THAT HAS ONE OR MORE EMPLOYEES WHO ARE RESIDENTS OF THE2 STATE AND WHO ARE COVERED BY THE "WORKERS' COMPENSATION ACT3 OF COLORADO", ARTICLES 40 TO 47 OF TITLE 8, OR THAT CONDUCTS4 BUSINESS IN OR WITHIN THE STATE. "EMPLOYER" INCLUDES THE STATE5 AND ANY DEPARTMENT , AGENCY, OR INSTRUMENTALITY OF THE STATE ;6 ANY COUNTY; ANY MUNICIPAL CORPORATION; AND ANY EMPLOYER THAT7 IS SELF-INSURED. A SINGLE EMPLOYER MAY HAVE MULTIPLE WORKPLACES .8 (5) "P ARTICIPANT" MEANS A WORKPLACE THAT MEETS THE9 CRITERIA FOR PARTICIPANT STATUS AS ESTABLISHED BY THIS PART 3,10 ATTAINS DESIGNATION AS A PARTICIPANT BY THE RECOVERY -FRIENDLY 11 WORKPLACE PROGRAM , AND RECEIVES DOCUMENTATION FROM THE12 PROGRAM OF SUCH DESIGNATION .13 (6) "P REVENTION" MEANS THE PREVENTION OF SUBSTANCE MISUSE14 THROUGH STRATEGIES DESIGNED TO REDUCE THE RISK OF INJURY AND15 STRESS IN THE WORKPLACE AND ADDRESS OTHER FACTORS THAT MAY16 INCREASE THE RISK OF SUBSTANCE MISUSE AND THROUGH TRAINING AND17 EDUCATION TO BUILD SUBSTANCE USE DISORDER AND RECOVERY18 LITERACY.19 (7) "R ECOVERY" MEANS A PROCESS OF CHANGE THROUGH WHICH20 INDIVIDUALS IMPROVE THEIR HEALTH AND WELLNESS , LIVE A21 SELF-DIRECTED LIFE, AND STRIVE TO REACH THEIR FULL POTENTIAL .22 (8) "R ECOVERY-FRIENDLY WORKPLACE ADVISOR " MEANS AN23 INDIVIDUAL WHO IS AN EMPLOYEE OF OR CONTRACTOR FOR THE24 RECOVERY-FRIENDLY WORKPLACE PROGRAM AND WHOSE DUTIES INCLUDE25 ASSISTING EMPLOYERS THROUGH THE PROCESS OF BECOMING A26 RECOVERY-FRIENDLY WORKPLACE PARTICIPANT OR A CERTIFIED27 048 -3- RECOVERY-FRIENDLY WORKPLACE.1 (9) "R ECOVERY-FRIENDLY WORKPLACE PROGRAM" OR "PROGRAM"2 MEANS THE PROGRAM ESTABLISHED IN SECTION 23-20-302. 3 (10) "R ECOVERY-FRIENDLY WORKPLACE TASK FORCE" MEANS A4 TASK FORCE ESTABLISHED BY AN EMPLOYER OR ITS EMPLOYEES THAT5 REFLECTS DIFFERENT COMPONENTS OF THE WORKFORCE AND INCLUDES6 DIFFERENT LEVELS OF STAFF TO LEAD RECOVERY -FRIENDLY WORKPLACE7 POLICY DEVELOPMENT AND IMPLEMENTATION AND TO CONTINUOUSLY8 REVIEW AND UPDATE THE EMPLOYER 'S POLICIES AND PRACTICES TO MAKE9 THEM MORE RECOVERY -FRIENDLY.10 (11) "R ECOVERY SUPPORT SERVICES ORGANIZATION " HAS THE 11 MEANING SET FORTH IN SECTION 27-60-108 (2)(c).12 (12) "S UBSTANCE USE DISORDER" HAS THE SAME MEANING AS SET13 FORTH IN SECTION 27-50-101 (20).14 (13) "W ORKPLACE" MEANS ANY OFFICE, WAREHOUSE, BUILDING,15 OR OTHER LOCATION, WHETHER PERMANENT OR TEMPORARY , WHERE AN16 EMPLOYEE PERFORMS ANY WORK -RELATED DUTY OR DUTIES IN THE SCOPE17 AND COURSE OF THE EMPLOYEE 'S EMPLOYMENT. EMPLOYERS MAY HAVE18 MORE THAN ONE WORKPLACE . "WORKPLACE" DOES NOT INCLUDE AN19 EMPLOYEE'S RESIDENCE OR OTHER REMOTE WORK LOCATION . IF AN20 EMPLOYER OPERATES EXCLUSIVELY THROUGH TELEWORK , THE21 DESIGNATED WORKPLACE ADDRESS IS THE ADDRESS LISTED ON THE22 EMPLOYER'S ARTICLES OF INCORPORATION FILED WITH THE SECRETARY OF23 STATE, IF INCORPORATED IN THIS STATE, OR, IF NOT INCORPORATED IN THIS24 STATE, THE ADDRESS OF THE EMPLOYER 'S OFFICIAL HEADQUARTERS IN25 THIS STATE.26 23-20-302. Recovery-friendly workplace program - creation 27 048 -4- - duties. (1) T HERE IS HEREBY ESTABLISHED A RECOVERY -FRIENDLY1 WORKPLACE PROGRAM . THE CENTER MAY CONTRACT WITH ONE OR MORE2 PUBLIC OR PRIVATE ENTITIES TO PERFORM SOME OR ALL OF THE DUTIES3 OUTLINED IN THIS PART 3 BUT SHALL MAINTAIN OVERSIGHT OF THE4 PROGRAM. ANY SUCH PUBLIC OR PRIVATE ENTITY SHALL BE REQUIRED TO5 MEET ALL REQUIREMENTS FOR CERTIFICATION AS A RECOVERY -FRIENDLY6 WORKPLACE.7 (2) A T A MINIMUM, THE PROGRAM MUST:8 (a) D EVELOP OR ADOPT A PROCESS THROUGH WHICH EMPLOYERS9 MAY APPLY TO BECOME RECOVERY -FRIENDLY WORKPLACE PARTICIPANTS10 OR CERTIFIED AS RECOVERY -FRIENDLY AS SET FORTH IN SECTION11 23-20-303;12 (b) D EVELOP OR ADOPT AN ORIENTATION PROCESS THAT INCLUDES13 TRAINING MATERIALS FOR NEW EMPLOYERS THAT PROVIDES A BASELINE14 INTRODUCTION TO SUBSTANCE USE DISORDERS , TREATMENT, AND15 RECOVERY, INCLUDING INFORMATION ON THE SCIENCE OF ADDICTION ,16 STIGMA, SUBSTANCE USE IN THE WORKFORCE , PREVENTION MEASURES,17 AVAILABLE LOCAL RESOURCES , AND THE WAYS IN WHICH EMPLOYERS CAN18 AMEND AND IMPLEMENT RECOVERY -FRIENDLY POLICIES AND PRACTICES19 TO HELP THEIR EMPLOYEES WITH SUBSTANCE USE DISORDERS ;20 (c) P ROVIDE CONSULTATION, GUIDANCE, TECHNICAL ASSISTANCE,21 TRAINING AND EDUCATION, AND OTHER SUPPORT TO EMPLOYERS SEEKING22 TO BECOME PARTICIPANTS OR CERTIFIED RECOVERY -FRIENDLY 23 WORKPLACES, AS WELL AS TO CURRENT PARTICIPANTS AND CERTIFIED24 RECOVERY-FRIENDLY EMPLOYERS AND KEY STAKEHOLDERS WITHIN THE25 WORKPLACE, SUCH AS HUMAN RESOURCES DIRECTORS AND UNION26 LEADERS;27 048 -5- (d) CONDUCT OUTREACH TO KEY STAKEHOLDERS WITHIN THE1 STATE, INCLUDING EMPLOYERS THAT ARE NOT ENGAGED IN THE PROGRAM ,2 LABOR UNIONS, AND RECOVERY SUPPORT SERVICES ORGANIZATIONS TO3 PROVIDE INFORMATION REGARDING THE PROGRAM AND PROGRAM4 BENEFITS;5 (e) D EPENDENT ON FUNDING, HIRE OR CONTRACT WITH AT LEAST6 ONE RECOVERY-FRIENDLY WORKPLACE ADVISOR FOR EVERY ONE7 HUNDRED PARTICIPANTS AND CERTIFIED RECOVERY -FRIENDLY8 WORKPLACES;9 (f) A SSIGN A RECOVERY-FRIENDLY WORKPLACE ADVISOR TO EACH10 EMPLOYER THAT HAS SUBMITTED A LETTER OF INTENT WHO WILL :11 (I) A SSIST EMPLOYERS THROUGH THE PROCESS OF BECOMING A12 PARTICIPANT OR CERTIFIED RECOVERY -FRIENDLY WORKPLACE;13 (II) P ROVIDE INFORMATION TO EMPLOYERS REGARDING THE STATE14 AND FEDERAL LAWS AND REGULATIONS THAT IMPACT INDIVIDUALS WITH15 SUBSTANCE USE DISORDERS, INCLUDING THE FEDERAL "AMERICANS WITH16 D ISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET. SEQ.; STATE17 DISABILITY LAWS; THE FEDERAL "FAMILY MEDICAL LEAVE ACT", 2918 U.S.C. SECS. 2601 TO 2654; 42 CFR 2; AND THE FEDERAL "HEALTH19 I NSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C.20 SEC. 201 ET SEQ., THROUGH THE PROVISION OF WRITTEN MATERIALS ,21 TRAINING, OR REFERRAL TO AN INDIVIDUAL OR ENTITY WITH THE22 REQUISITE KNOWLEDGE;23 (III) P ROVIDE ONGOING ASSISTANCE TO EMPLOYERS BY :24 (A) W ORKING WITH EMPLOYERS TO REVIEW THE EMPLOYERS '25 POLICIES AND PROCEDURES AND PROVIDING SUGGESTIONS TO MAKE SUCH26 POLICIES AND PROCEDURES MORE RECOVERY -FRIENDLY ;27 048 -6- (B) REFERRING EMPLOYERS TO ORGANIZATIONS AND INDIVIDUALS1 WITH SPECIALIZED KNOWLEDGE AND EXPERTISE THAT MAY ASSIST THE2 EMPLOYER IN BECOMING OR MAINTAINING ITS STATUS AS3 RECOVERY-FRIENDLY OR IN REVISING ITS POLICIES OR PROCEDURES TO4 BETTER ASSIST EMPLOYEES WITH SUBSTANCE USE DISORDERS , ADDRESSING5 STIGMA AND BUILDING A RECOVERY -SUPPORTIVE WORKPLACE CULTURE ,6 OR IN PROVIDING EMPLOYEES ACCESS TO ADDITIONAL SERVICES AND7 SUPPORTS; AND8 (C) E NCOURAGING EMPLOYEE INVOLVEMENT IN THE EMPLOYER 'S9 PROCESS OF BECOMING A PARTICIPANT OR CERTIFIED RECOVERY -FRIENDLY 10 WORKPLACE OR IN MAINTAINING SUCH STATUS , INCLUDING THROUGH11 ACTIVITIES SUCH AS PARTICIPATING IN A RECOVERY -FRIENDLY12 WORKPLACE TASK FORCE , ORIENTING NEW EMPLOYEES ON THE13 EMPLOYER'S RECOVERY-FRIENDLY POLICIES, MONITORING THE14 IMPLEMENTATION PROCESS , AND PROVIDING FEEDBACK ON THE15 EMPLOYER'S RECOVERY-FRIENDLY WORKPLACE EFFORTS; AND16 (IV) A SSIST EMPLOYERS IN RENEWING THEIR STATUS AS A17 PARTICIPANT OR CERTIFIED RECOVERY -FRIENDLY WORKPLACE THROUGH18 THE COMPLETION OF AN ANNUAL REVIEW AS SET FORTH IN SECTION19 23-20-303 (5);20 (g) P ROVIDE EACH PARTICIPATING EMPLOYER WITH A CERTIFICATE21 OR OTHER DOCUMENTATION EVIDENCING THE EMPLOYER 'S STATUS AS A22 PARTICIPANT OR AS A CERTIFIED RECOVERY-FRIENDLY WORKPLACE, WHICH23 MUST REFLECT THE NAME OF THE EMPLOYER , THE ADDRESS OF EACH24 WORKPLACE COVERED BY THE CERTIFICATE , THE DATE THE CERTIFICATE25 WAS ISSUED, AND THE DATE OF EXPIRATION;26 (h) D EVELOP A RECOVERY -FRIENDLY WORKPLACE PROGRAM27 048 -7- WEBSITE THAT PROVIDES RESOURCES AND INFORMATION ON SUBSTANCE1 USE IN THE WORKPLACE TO EMPLOYERS , EMPLOYEES, AND THE GENERAL2 PUBLIC OR INCORPORATE SUCH INFORMATION INTO THE CENTER 'S EXISTING3 WEBSITE;4 (i) D EVELOP OR ADOPT ALREADY EXISTING EDUCATIONAL AND5 TRAINING RESOURCES FOR EMPLOYERS AND EMPLOYEES THAT MUST BE6 POSTED TO THE PROGRAM WEBSITE AND MUST INCLUDE MATERIALS SUCH7 AS GUIDELINE DOCUMENTS , FLYERS, POSTERS, WEBINARS, PANEL8 DISCUSSIONS, ONLINE INTERACTIVE MODULES , AND TRAINING MODULES9 TAILORED TO SPECIFIC EMPLOYERS OR INDUSTRIES AND MAY INCLUDE10 INTERACTIVE CLASSROOM-BASED TRAINING;11 (j) D EVELOP OR ADOPT ALREADY EXISTING MODEL12 RECOVERY-FRIENDLY POLICIES AND PROCEDURES FOR USE BY EMPLOYERS;13 AND14 (k) C OMPILE THE INFORMATION TO BE SUBMITTED TO THE CENTER 15 PURSUANT TO SECTION 23-20-304 (2)(b).16 23-20-303. Recovery-friendly workplace program -17 participants - certified recovery-friendly workplaces - requirements18 - renewal - termination. (1) A N EMPLOYER SEEKING TO PARTICIPATE IN19 THE RECOVERY-FRIENDLY WORKPLACE PROGRAM MAY CHOOSE TO DO SO20 AS A PARTICIPANT OR AS A CERTIFIED RECOVERY-FRIENDLY WORKPLACE.21 (2) (a) T O BECOME A PARTICIPANT IN THE PROGRAM, AN EMPLOYER22 MUST:23 (I) S UBMIT OF A LETTER OF INTENT TO THE PROGRAM IN A FORM24 AND MANNER PRESCRIBED BY THE PROGRAM THAT MUST INCLUDE , AT A25 MINIMUM, THE NAME AND ADDRESS OF THE EMPLOYER AND , IF THE26 EMPLOYER HAS MORE THAN ONE WORKPLACE , THE STREET ADDRESS OF27 048 -8- EACH WORKPLACE TO WHICH THE LETTER OF INTENT APPLIES ;1 (II) C OMPLETE THE ORIENTATION PROCESS AS REQUIRED BY THE2 PROGRAM, INCLUDING COMPLETION OF THE ORIENTATION TRAINING3 MODULE;4 (III) P REPARE A RECOVERY-FRIENDLY WORKPLACE PLEDGE OR5 STATEMENT, OR USE A FORM PROVIDED BY THE PROGRAM, THAT IDENTIFIES6 THE VALUES OR PRINCIPLES INFORMING THE COMMITMENT AND BRIEFLY7 DESCRIBES THE KEY RECOVERY -FRIENDLY WORKPLACE STEPS THE8 EMPLOYER MUST COMPLETE AS A PARTICIPANT ; AND9 (IV) N OTIFY ALL EMPLOYEES AND THE MEMBERS OF THE10 EMPLOYER'S BOARD OF DIRECTORS, IF ANY, IN WRITING OF THE INTENT TO11 BECOME A PARTICIPANT, WHICH THE EMPLOYER MUST SUBMIT TO THE12 PROGRAM.13 (b) U PON SUBMISSION OF THE LETTER OF INTENT , THE PROGRAM14 MUST ASSIGN THE EMPLOYER A RECOVERY -FRIENDLY WORKPLACE15 ADVISOR.16 (c) A FTER AN EMPLOYER COMPLETES THE MINIMUM17 REQUIREMENTS AS SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION, THE18 PROGRAM MUST:19 (I) L IST THE EMPLOYER AS A PARTICIPANT ON THE PROGRAM20 WEBSITE; AND21 (II) P ROVIDE THE EMPLOYER WITH A CERTIFICATE OR OTHER22 DOCUMENTATION VERIFYING THE EMPLOYER 'S STATUS AS A PARTICIPANT23 IN THE RECOVERY-FRIENDLY WORKPLACE PROGRAM, WHICH CERTIFICATE24 OR DOCUMENTATION MUST INCLUDE THE DATE OF ISSUANCE , THE25 EXPIRATION DATE, AND THE ADDRESS OF EACH WORKPLACE COVERED BY26 THE CERTIFICATE. THE CERTIFICATE MUST BE VALID FOR A PERIOD OF AT27 048 -9- LEAST ONE YEAR AFTER THE DATE OF ISSUANCE .1 (3) (a) T O BECOME CERTIFIED AS A RECOVERY -FRIENDLY 2 WORKPLACE, AN EMPLOYER MUST:3 (I) C OMPLETE ALL STEPS SET FORTH IN SUBSECTION (2)(a) OF THIS4 SECTION FOR BECOMING A PARTICIPANT ;5 (II) W ITH THE EMPLOYER'S RECOVERY-FRIENDLY WORKPLACE6 ADVISOR, COMPLETE A STANDARDIZED ASSESSMENT OF THE EMPLOYER 'S7 CURRENT POLICIES, PROCEDURES, AND PRACTICES THAT IMPACT CURRENT8 AND PROSPECTIVE EMPLOYEES WITH SUBSTANCE USE DISORDERS AND9 DETERMINE WHERE IMPROVEMENTS CAN BE MADE ; AND10 (III) W ITH THE RECOVERY-FRIENDLY WORKPLACE ADVISOR, SET11 TIME-LIMITED GOALS TO MAKE SELECT IMPROVEMENTS IDENTIFIED IN12 SUBSECTION (3)(a)(II) OF THIS SECTION, WHICH MUST BE COMPLETED13 WITHIN THE ONE-YEAR TERM OF THE CERTIFICATION , UNLESS AN14 EXTENSION OF TIME IS GRANTED BY THE PROGRAM .15 (b) T HE PROGRAM SHALL LIST ON THE PROGRAM WEBSITE EACH16 EMPLOYER THAT COMPLETES THE MINIMUM REQUIREMENTS AS SET FORTH17 IN SUBSECTION (3)(a) OF THIS SECTION AS A CERTIFIED18 RECOVERY-FRIENDLY WORKPLACE. IF THE EMPLOYER HAS A LOGO , THE19 PROGRAM SHALL INCLUDE THE LOGO IN THE LISTING .20 (c) U PON COMPLETION OF THE MINIMUM REQUIREMENTS AS SET21 FORTH IN SUBSECTION (3)(a) OF THIS SECTION, THE PROGRAM SHALL22 PROVIDE AN EMPLOYER WITH A CERTIFICATE OR OTHER DOCUMENTATION23 SUITABLE FOR DISPLAY THAT VERIFIES THE EMPLOYER 'S STATUS AS A24 CERTIFIED RECOVERY-FRIENDLY WORKPLACE. THE CERTIFICATE OR OTHER25 DOCUMENTATION MUST INCLUDE THE DATE OF ISSUANCE , THE EXPIRATION26 DATE, AND THE ADDRESS OF EACH WORKPLACE COVERED BY THE27 048 -10- CERTIFICATE. THE CERTIFICATE MUST BE VALID FOR ONE YEAR AFTER THE1 DATE OF ISSUANCE.2 (4) T HE CENTER SHALL RECOGNIZE EACH CERTIFIED3 RECOVERY-FRIENDLY WORKPLACE EMPLOYER THROUGH PROGRAM PRESS4 RELEASES AND PROGRAM -SPONSORED EVENTS THROUGHOUT THE YEAR .5 (5) A T LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF A6 CERTIFICATE DESIGNATING AN EMPLOYER AS A PARTICIPANT OR AS A7 CERTIFIED RECOVERY-FRIENDLY WORKPLACE, THE EMPLOYER SHALL:8 (a) M EET WITH THE RECOVERY-FRIENDLY WORKPLACE ADVISOR TO9 COMPLETE A REVIEW OF THE EMPLOYER 'S RECOVERY-FRIENDLY-RELATED10 ACTIVITIES FOR THE PAST YEAR , INCLUDING REVISING WORKPLACE11 POLICIES TO BETTER ASSIST EMPLOYEES WITH SUBSTANCE USE DISORDERS ,12 IMPLEMENTING POLICIES TO ENCOURAGE THE HIRING OF INDIVIDUALS IN13 RECOVERY FROM SUBSTANCE USE DISORDERS , DECREASING OR14 ELIMINATING BARRIERS FOR EMPLOYEES SEEKING TREATMENT ,15 ESTABLISHING A RECOVERY -FRIENDLY WORKPLACE TASK FORCE , AND16 TAKING STEPS TO REDUCE STIGMA IN THE WORKPLACE ;17 (b) I N CONSULTATION WITH THE RECOVERY -FRIENDLY WORKPLACE18 ADVISOR, SET GOALS FOR THE UPCOMING YEAR ; AND19 (c) C OMPLETE A WRITTEN OR ELECTRONIC PROGRAM SATISFACTION20 SURVEY.21 (6) A N EMPLOYER MAY CHOOSE TO TERMINATE ITS PARTICIPATION22 IN THE PROGRAM IF THE TERMINATION:23 (a) T AKES EFFECT PRIOR TO THE EXPIRATION OF THE EMPLOYER 'S24 CURRENT DESIGNATION AND THE EMPL OYER PROVIDES WRITTEN NOTICE25 TO THE PROGRAM OF THE INTENT TO TERMINATE PARTICIPATION WITHIN26 THIRTY DAYS PRIOR TO THE PROPOSED DATE OF TERMINATION ; OR27 048 -11- (b) TAKES EFFECT ON THE EXPIRATION OF THE EMPLOYER 'S1 CURRENT DESIGNATION AND THE EMPLOYER PROVIDES WRITTEN NOTICE2 TO THE PROGRAM OF THE EMPLOYER 'S INTENT NOT TO RENEW ITS3 DESIGNATION AS A PARTICIPANT OR A CERTIFIED RECOVERY -FRIENDLY4 WORKPLACE.5 (7) T HE PROGRAM MAY REVOKE OR DECLINE TO RENEW THE6 DESIGNATION AS A PARTICIPANT OR CERTIFIED RECOVERY -FRIENDLY 7 WORKPLACE FOR ANY EMPLOYER THAT :8 (a) V IOLATES ANY OF THE REQUIREMENTS OF THIS PART 3; OR 9 10 (b) FAILS TO TAKE THE NECESSARY STEPS TO RENEW ITS11 PARTICIPATION OR CERTIFICATION WITHIN THE TIME ALLOWED BY THE12 PROGRAM.13 (8) T HE PROGRAM SHALL REMOVE ALL PARTICIPANTS AND14 CERTIFIED RECOVERY-FRIENDLY WORKPLACES WHOSE DESIGNATION IS15 REVOKED OR WHO DO NOT SEEK RENEWAL FROM THE PROGRAM WEBSITE16 AND TERMINATE ALL BENEFITS ASSOCIATED WITH SUCH DESIGNATION .17 (9) T HE PROGRAM SHALL BE FLEXIBLE IN GRANTING EXTENSIONS18 TO PARTICIPANTS AND CERTIFIED RECOVERY-FRIENDLY WORKPLACES THAT19 BEGIN THE PROCESS OF RENEWING THEIR DESIGNATION BUT FAIL TO20 COMPLETE THE PROCESS BEFORE THEIR CURRENT DESIGNATION EXPIRES .21 23-20-304. Program evaluation and reports. (1) T HE CENTER22 MAY CONDUCT AN EVALUATION OF THE EFFECTIVENESS OF THE23 RECOVERY-FRIENDLY WORKPLACE PROGRAM AND IDENTIFY WAYS TO24 IMPROVE THE PROGRAM. THE CENTER MAY HIRE AN OUTSIDE CONTRACTOR25 TO PERFORM THE EVALUATION .26 (2) (a) B EGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS27 048 -12- PART 3, AND ON AN ANNUAL BASIS THEREAFTER , THE PROGRAM SHALL1 COLLECT AND AGGREGATE THE SATISFACTION DATA OBTAINED AS THE2 RESULT OF THE RENEWAL PROCESS AND SHALL PRESENT SUCH3 INFORMATION IN THE FORM OF A REPORT TO THE HOUSE OF4 REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE5 SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR6 SUCCESSOR COMMITTEES , FOR THE PURPOSE OF PROGRAM REVIEW . THE7 INFORMATION IN THIS REPORT IS CONFIDENTIAL AND NOT SUBJECT TO THE8 "C OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.9 N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REQUIREMENT IN10 THIS SECTION TO REPORT TO THE GENERAL ASSEMBLY CONTINUES11 INDEFINITELY.12 (b) O N AN ANNUAL BASIS, THE PROGRAM SHALL COLLECT AND13 AGGREGATE DATA REGARDING THE FOLLOWING AND SHALL SUBMIT SUCH14 DATA TO THE CENTER :15 (I) T HE NUMBER OF EMPLOYERS DESIGNATED AS PARTICIPANTS IN16 THE RECOVERY -FRIENDLY WORKPLACE PROGRAM , INCLUDING17 INFORMATION REGARDING THE TYPES OF INDUSTRIES REPRESENTED AND18 NUMBER OF EMPLOYEES, IF AVAILABLE;19 (II) T HE NUMBER OF EMPLOYERS DESIGNATED AS CERTIFIED20 RECOVERY-FRIENDLY WORKPLACES, INCLUDING INFORMATION REGARDING21 THE TYPES OF INDUSTRIES REPRESENTED AND NUMBER OF EMPLOYEES , IF22 AVAILABLE;23 (III) T HE NUMBER OF PARTICIPANTS DESIGNATED AS CERTIFIED24 RECOVERY-FRIENDLY WORKPLACES;25 (IV) T HE NUMBER OF ONLINE AND IN -PERSON TRAININGS26 CONDUCTED BY THE PROGRAM , NOT INCLUDING THE ORIENTATION27 048 -13- TRAINING, INCLUDING THE TOPICS, NUMBER OF ATTENDEES, INDUSTRIES1 REPRESENTED, AND WHETHER SUCH TRAININGS WERE CONDUCTED AT THE2 REQUEST OF ONE OR MORE EMPLOYERS ; AND3 (V) A NY OTHER INFORMATION REQUIRED BY THE CENTER .4 23-20-305. Repeal of part. THIS PART 3 IS REPEALED, EFFECTIVE 5 SEPTEMBER 1, 2028.6 SECTION 2. In Colorado Revised Statutes, 23-18-308, add7 (1)(m) as follows:8 23-18-308. Fee-for-service contracts - grants to local district9 colleges - limited purpose - repeal. (1) Subject to available10 appropriations, the department shall enter into fee-for-service contracts11 for the following purposes:12 (m) T HE RECOVERY-FRIENDLY WORKPLACE PROGRAM CREATED IN 13 PART 3 OF ARTICLE 20 OF THIS TITLE 23. THIS SUBSECTION (1)(m) IS14 REPEALED, EFFECTIVE SEPTEMBER 1, 2028.15 SECTION 3. In Colorado Revised Statutes, add 22-1-144 as16 follows:17 22-1-144. Recovery school grant program - created - eligibility18 - reporting - definitions - rules - repeal. (1) A S USED IN THIS SECTION, 19 UNLESS THE CONTEXT OTHERWISE REQUIRES :20 (a) "D EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION . 21 (b) "G RANT PROGRAM" MEANS THE RECOVERY SCHOOL GRANT 22 PROGRAM CREATED IN SUBSECTION (2) OF THIS SECTION.23 (c) "R ECOVERY SCHOOL" MEANS A SCHOOL THAT: 24 (I) E DUCATES AND SUPPORTS STUDENTS IN RECOVERY FROM 25 SUBSTANCE USE OR CO-OCCURRING DISORDERS, INCLUDING SELF-HARM26 AND DISORDERED EATING;27 048 -14- (II) INTENDS THAT ALL STUDENTS ENROLLED ARE WORKING IN AN1 ACTIVE AND ABSTINENCE -FOCUSED PROGRAM OF RECOVERY AS2 DETERMINED BY THE STUDENT AND THE SCHOOL ; AND3 (III) P ROVIDES SUPPORT FOR FAMILIES LEARNING HOW TO LIVE 4 WITH, AND PROVIDE SUPPORT FOR, THEIR TEENS WHO ARE ENTERING INTO5 THE RECOVERY LIFESTYLE.6 (2) (a) T HE RECOVERY SCHOOL GRANT PROGRAM IS CREATED 7 WITHIN THE DEPARTMENT. THE PURPOSE OF THE GRANT PROGRAM IS TO8 PROVIDE GRANTS TO RECOVERY SCHOOLS FOR EXPENSES RELATED TO9 ASSISTING STUDENTS WHO ARE LIVING A LIFE OF SOBRIETY .10 (b) G RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH 11 THE GRANT PROGRAM FOR EXPENSES RELATED TO ASSISTING STUDENTS12 WHO ARE LIVING A LIFE OF SOBRIETY.13 (c) S UBJECT TO AVAILABLE APPROPRIATIONS , THE DEPARTMENT 14 SHALL ADMINISTER THE GRANT PR OGRAM AND SHALL AWARD GRANTS AS15 PROVIDED IN THIS SECTION. GRANTS MUST BE PAID OUT OF MONEY16 APPROPRIATED FOR THE GRANT PROGRAM AS PROVIDED IN SUBSECTION (5)17 OF THIS SECTION.18 (d) T HE DEPARTMENT SHALL IMPLEMENT THE GRANT PROGRAM IN 19 ACCORDANCE WITH THIS SECTION . THE COMMISSIONER OF EDUCATION20 MAY PROMULGATE THE RULES REQUIRED IN THIS SECTION AND ANY21 ADDITIONAL RULES NECESSARY TO IMPLEMENT THE GRANT PROGRAM .22 (3) (a) T O RECEIVE A GRANT, A RECOVERY SCHOOL MUST SUBMIT 23 AN APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH RULES24 PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT .25 (b) T HE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED 26 PURSUANT TO THIS SECTION.27 048 -15- (c) ON OR BEFORE JANUARY 1, 2025, THE DEPARTMENT SHALL1 AWARD GRANTS AS PROVIDED IN THIS SECTION . THE DEPARTMENT SHALL2 DISTRIBUTE THE GRANT MONEY WITHIN FOURTEEN DAYS AFTER AWARDING3 THE GRANTS.4 (4) O N OR BEFORE JULY 1, 2025, EACH RECOVERY SCHOOL THAT 5 RECEIVES A GRANT THROUGH THE GRANT PROGRAM SHALL SUBMIT A6 REPORT TO THE DEPARTMENT DETAILING HOW THE RECOVERY SCHOOL7 USED THE GRANT MONEY.8 (5) F OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL 9 ASSEMBLY SHALL APPROPRIATE FIFTY THOUSAND DOLLARS FROM THE10 GENERAL FUND TO THE DEPARTMENT TO IMPLEMENT THE GRANT11 PROGRAM.12 (6) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026. 13 SECTION 4. In Colorado Revised Statutes, 22-54-103, add14 (10)(i) as follows:15 22-54-103. Definitions. As used in this article 54, unless the16 context otherwise requires:17 (10) (i) (I) F OR THE 2024-25 BUDGET YEAR AND EACH BUDGET18 YEAR THEREAFTER, A DISTRICT MAY INCLUDE IN ITS PUPIL ENROLLMENT19 PUPILS WHO WERE ENROLLED IN THE DISTRICT PRIOR TO THE PUPIL20 ENROLLMENT COUNT DAY AND THEN TRANSFERRED OUT OF THE DISTRICT21 PRIOR TO THE PUPIL ENROLLMENT COUNT DAY FOR THE PURPOSE OF22 ATTENDING A RECOVERY HIGH SCHOOL .23 (II) NOTWITHSTANDING SECTION 22-2-306, THE DEPARTMENT OF24 EDUCATION IS NOT REQUIRED TO PROVIDE ADVANCE NOTICE25 REQUIREMENTS TO A SCHOOL DISTRICT OR AN INSTITUTE CHARTER SC HOOL26 IN IMPLEMENTING THIS SUBSECTION (10)(i).27 048 -16- (III) AS USED IN THIS SUBSECTION (10)(i), "RECOVERY HIGH1 SCHOOL" MEANS A SCHOOL THAT:2 (A) E DUCATES AND SUPPORTS STUDENTS IN RECOVERY FROM3 SUBSTANCE USE OR CO-OCCURRING DISORDERS, INCLUDING SELF-HARM4 AND DISORDERED EATING;5 (B) I NTENDS THAT ALL STUDENTS ENROLLED ARE WORKING IN AN6 ACTIVE AND ABSTINENCE -FOCUSED PROGRAM OF RECOVERY AS7 DETERMINED BY THE STUDENT AND THE SCHOOL ;8 (C) P ROVIDES SUPPORT FOR FAMILIES LEARNING HOW TO LIVE9 WITH, AND PROVIDE SUPPORT FOR, THEIR TEENS WHO ARE ENTERING INTO10 THE RECOVERY LIFESTYLE; AND11 (D) M EETS STATE REQUIREMENTS FOR AWARDING A HIGH SCHOOL12 DIPLOMA.13 SECTION 5. In Colorado Revised Statutes, 27-80-126, amend14 (3)(b) as follows:15 27-80-126. Recovery support services grant program -16 creation - eligibility - reporting requirements - appropriation - rules17 - definitions. (3) A recovery community organization that receives a18 grant from the grant program may use the money to:19 (b) Provide guidance to individuals with a substance use disorder20 or co-occurring substance use and mental health disorder and their family21 members on THE MANY PATHWAYS FOR RECOVERY , navigating treatment,22 social service SERVICES, and recovery support systems;23 SECTION 6. In Colorado Revised Statutes, 27-80-129, amend24 (1)(b)(I) introductory portion, (3), and (4) as follows:25 27-80-129. Regulation of recovery residences - rules -26 definitions. (1) As used in this section:27 048 -17- (b) (I) "Recovery residence" "sober living facility", or "sober1 home" means any premises, place, facility, or building that provides2 housing accommodation for individuals with a primary diagnosis of a3 substance use disorder that:4 (3) (a) Effective January 1, 2020, A person shall not operate a5 facility using the term recovery residence "sober living facility", "sober6 home", or a substantially similar term FACILITY, and a licensed, registered,7 or certified health-care provider; A MANAGED CARE ENTITY, AS DEFINED 8 IN SECTION 25.5-5-802 (5); A MANAGED CARE ORGANIZATION , AS DEFINED9 IN SECTION 25.5-5-403 (5); or a licensed health facility shall not refer an10 individual in need of recovery support services to a facility RECOVERY11 RESIDENCE, unless the facility RESIDENCE:12 (a) (I) Is certified by a certifying body as specified in subsection13 (4) of this section;14 (b) (II) Is chartered by Oxford House or its successor15 organization; OR 16 (c) (III) Has been operating as a recovery residence in Colorado17 for thirty or more years as of May 23, 2019. or18 (d) Is a community-based organization that provides reentry19 services as described in section 17-33-101 (7).20 (b) I F A PERSON IS OPERATING A RECOVERY RESIDENCE OR A 21 SUBSTANTIALLY SIMILAR FACILITY IN VIOLATION OF SUBSECTION (3)(a) OF22 THIS SECTION, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL SEND23 THE FACILITY A CEASE-AND-DESIST LETTER.24 (4) The behavioral health administration in the department of25 human services shall, by rule, determine the requirements for a certifying26 body seeking approval for purposes of subsection (3)(a) (3)(a)(I) of this27 048 -18- section, which rules must include a requirement that a certifying body1 include a representative from the behavioral health administration on its2 board.3 SECTION 7. In Colorado Revised Statutes, 30-28-115, add4 (2)(b.7) as follows:5 30-28-115. Public welfare to be promoted - legislative6 declaration - construction. (2) (b.7) T HE GENERAL ASSEMBLY FINDS7 AND DECLARES THAT IT IS THE POLICY OF THE STATE TO ENCOURAGE ,8 PROMOTE, AND ASSIST PERSONS WHO ARE IN RECOVERY FROM SUBSTANCE9 USE DISORDERS TO LIVE IN RESIDENTIAL NEIGHBORHOODS . FURTHER, THE10 GENERAL ASSEMBLY DECLARES THAT THE USE OF RECOVERY RESIDENCES ,11 AS DEFINED IN SECTION 27-80-129 (1)(b), BY PERSONS IN RECOVERY12 FROM SUBSTANCE USE DISORDERS IS A MATTER OF STATEWIDE CONCERN13 AND THAT RECOVERY RESIDENCES ARE A RESIDENTIAL USE OF PROPERTY14 FOR ZONING PURPOSES AND SUBJECT ONLY TO THE REGULATIONS OF LIKE15 DWELLINGS IN THE SAME ZONE.16 SECTION 8. In Colorado Revised Statutes, 31-23-303, add17 (2)(b.7) as follows:18 31-23-303. Legislative declaration. (2) (b.7) T HE GENERAL 19 ASSEMBLY FINDS AND DECLARES THAT IT IS THE POLICY OF THE STATE TO20 ENCOURAGE, PROMOTE, AND ASSIST PERSONS WHO ARE IN RECOVERY21 FROM SUBSTANCE USE DISORDERS TO LIVE IN RESIDENTIAL22 NEIGHBORHOODS. FURTHER, THE GENERAL ASSEMBLY DECLARES THAT23 THE USE OF RECOVERY RESIDENCES , AS DEFINED IN SECTION 27-80-12924 (1)(b), BY PERSONS IN RECOVERY FROM SUBSTANCE USE DISORDERS IS A 25 MATTER OF STATEWIDE CONCERN AND THAT RECOVERY RESIDENCES ARE26 A RESIDENTIAL USE OF PROPERTY FOR ZONING PURPOSES AND SUBJECT27 048 -19- ONLY TO THE REGULATIONS OF LIKE DWELLINGS IN THE SAME ZONE .1 2 SECTION 9. In Colorado Revised Statutes, add 44-3-108 as3 follows:4 44-3-108. Substance use disorders - recovery - retail liquor5 sales - stakeholder group - rules - repeal. (1) N O LATER THAN JULY 1, 6 2025, IN ORDER TO ASSIST INDIVIDUALS WHO ARE RECOVERING FROM 7 SUBSTANCE USE DISORDERS, THE LIQUOR ENFORCEMENT DIVISION SHALL8 ADOPT RULES RELATED TO THE LOCATION OF ALCOHOL BEVERAGE9 DISPLAYS.10 (2) T HE LIQUOR ENFORCEMENT DIVISION SHALL CONVENE A 11 STAKEHOLDER GROUP OF THE FOLLOWING MEMBERS TO DEVELOP THE12 RULES REQUIRED IN SUBSECTION (1) OF THIS SECTION:13 (a) F OUR INDIVIDUALS REPRESENTING RECOVERY PROVIDERS , OF 14 WHOM TWO INDIVIDUALS MUST REPRESENT A RECOVERY PROVIDER IN A15 RURAL OR FRONTIER AREA AND TWO INDIVIDUALS MUST REPRESENT A16 RECOVERY PROVIDER IN A METRO OR URBAN AREA ;17 (b) T WO INDIVIDUALS REPRESENTING A RECOVERY RESIDENCE , AS 18 DEFINED IN SECTION 27-80-129 (1)(b);19 (c) T HREE INDIVIDUALS, EACH REPRESENTING A CONVENIENCE 20 STORE LICENSED UNDER THIS ARTICLE 3 OR ARTICLE 4 OF THIS TITLE 44 TO21 SELL ALCOHOL BEVERAGES; AND22 (d) T HREE INDIVIDUALS, EACH REPRESENTING A GROCERY STORE 23 LICENSED UNDER THIS ARTICLE 3 OR ARTICLE 4 OF THIS TITLE 44 TO SELL24 ALCOHOL BEVERAGES.25 (3) T HE LIQUOR ENFORCEMENT DIVISION SHALL PROVIDE NOTICE 26 OF STAKEHOLDER MEETINGS ON IT S WEBSITE AND HOLD STAKEHOLDER27 048 -20- MEETINGS OPEN TO THE PUBLIC. THE STAKEHOLDER GROUP SHALL MEET1 AT LEAST THREE TIMES.2 (4) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026. 3 SECTION 10. Appropriation. (1) For the 2024-25 state fiscal4 year, $144,321 is appropriated to the department of education. This5 appropriation is from the general fund. To implement this act, the6 department may use this appropriation as follows:7 (a) $19,010 for use by management and administration for grants8 administration, which amount is based on an assumption that the division9 will require an additional 0.2 FTE;10 (b) $56,300 for use by management and administration for11 information technology services; and12 (c) $69,011 for use by student pathways for the substance use13 disorders recovery grant pilot program, which amount is based on an14 assumption that the division will require an additional 0.2 FTE.15 (2) For the 2024-25 state fiscal year, $303,752 is appropriated to16 the department of higher education. This appropriation is from the general17 fund. To implement this act, the department may use this appropriation18 for the college opportunity fund program to be used for limited purpose19 fee-for-service contracts with state institutions.20 (3) For the 2024-25 state fiscal year, $303,752 is appropriated to21 the department of higher education. This appropriation is from22 reappropriated funds received from the limited purpose fee-for-service23 contracts with state institutions under subsection (2) of this section, and24 is based on an assumption that the department will require an additional25 1.3 FTE. To implement this act, the department may use this26 appropriation for the regents of the university of Colorado for allocation27 048 -21- to the school of public health.1 (4) For the 2024-25 state fiscal year, $37,980 is appropriated to2 the department of revenue for use by the liquor and tobacco enforcement3 division. This appropriation is from the liquor enforcement division and4 state licensing authority cash fund created in 44-6-101, C.R.S. To5 implement this act, the division may use this appropriation as follows:6 (a) $30,798 for personal services, which amount is based on an7 assumption that the division will require an additional 0.4 FTE; and8 (b) $7,182 for operating expenses. 9 SECTION 11. Act subject to petition - effective date. This act10 takes effect at 12:01 a.m. on the day following the expiration of the11 ninety-day period after final adjournment of the general assembly; except12 that, if a referendum petition is filed pursuant to section 1 (3) of article V13 of the state constitution against this act or an item, section, or part of this14 act within such period, then the act, item, section, or part will not take15 effect unless approved by the people at the general election to be held in16 November 2024 and, in such case, will take effect on the date of the17 official declaration of the vote thereon by the governor.18 048 -22-