Colorado 2024 Regular Session

Colorado Senate Bill SB078 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0655.02 Alana Rosen x2606
1	8		SENATE BILL 24-078
2		-	BY SENATOR(S) Marchman and Priola, Bridges, Buckner, Coleman,
3		-	Cutter, Exum, Fields, Gonzales, Hinrichsen, Jaquez Lewis,
4		-	Michaelson Jenet, Will, Winter F.;
5		-	also REPRESENTATIVE(S) Joseph and McLachlan, Amabile, Bird,
6		-	Boesenecker, Brown, Catlin, Daugherty, Duran, English, Epps, Garcia,
7		-	Hamrick, Hernandez, Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lukens,
8		-	Marshall, Marvin, Mauro, McCormick, Ortiz, Ricks, Rutinel, Sirota,
9		-	Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford, Woodrow,
10		-	McCluskie.
	9	+	Senate Committees House Committees
	10	+	Education Education
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
11	13		C
12		-	ONCERNING INCLUDING OUTDOOR NATURE -BASED PRESCHOOL PROGRAMS
13		-	AS A TYPE OF CHILD CARE CENTER IN THE DEPARTMENT OF EARLY
14		-	CHILDHOOD FOR LICENSING
15		-	-RELATED MATTERS, AND, IN CONNECTION
16		-	THEREWITH
17		-	, MAKING AN APPROPRIATION.
18		-
19		-	Be it enacted by the General Assembly of the State of Colorado:
20		-	SECTION 1. Legislative declaration. (1) The general assembly
21		-	finds and declares that:
22		-	(a) It is a priority of the state of Colorado to provide all Colorado
23		-	children access to high-quality early education;
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. (b) Early childhood education can come in many forms;
32		-	(c) Coloradans recognize the benefits of nature in education and
33		-	education in nature;
34		-	(d) Learning in nature has existed for decades;
35		-	(e) Learning in nature offers children health benefits and helps
36		-	provide skills children need in school to succeed; and
37		-	(f) There are physical, cognitive, and social developmental benefits
38		-	that occur with nature-based learning compared to what children experience
39		-	and learn in traditional indoor educational environments.
40		-	(2) The general assembly finds, therefore, that:
41		-	(a) Outdoor nature-based preschool programs provide an immersive
42		-	approach, putting nature at the heart of the educational program for
43		-	children;
44		-	(b) Outdoor nature-based preschool programs seek to restore
45		-	children's interaction with nature; and
46		-	(c) Colorado has a rich and wondrous outdoor landscape that will
47		-	offer extensive opportunities for children to learn in nature.
48		-	SECTION 2. In Colorado Revised Statutes, 26.5-5-303, amend (3);
49		-	and add (18.5) as follows:
50		-	26.5-5-303. Definitions. As used in this part 3, unless the context
51		-	otherwise requires:
52		-	(3) (a) "Child care center" means a facility, by whatever name
53		-	known, that is maintained for the whole or part of a day for the care of five
54		-	or more children, unless otherwise specified in this subsection (3), who are
55		-	eighteen years of age or younger and who are not related to the owner,
56		-	operator, or manager thereof, whether the facility is operated with or
57		-	without compensation for such care and with or without stated educational
58		-	purposes. The term includes, but is not limited to, facilities commonly
59		-	PAGE 2-SENATE BILL 24-078 known as child care centers, school-age child care centers, before- and
60		-	after-school programs, kindergartens, preschools,
61		-	OUTDOOR NATURE-BASED
62		-	PRESCHOOL PROGRAMS
63		-	, day camps, and summer camps, and includes those
64		-	facilities for children under six years of age with stated educational
65		-	purposes operated in conjunction with a public, private, or parochial college
66		-	or a private or parochial school; except that the term does not apply to any
67		-	kindergarten maintained in connection with a public, private, or parochial
68		-	elementary school system of at least six grades.
	14	+	ONCERNING INCLUDING OUTDOOR NATURE -BASED PRESCHOOL101
	15	+	PROGRAMS AS A TYPE OF CHILD CARE CENTER IN THE102
	16	+	DEPARTMENT OF EARLY CHILDHOOD FOR LICENSING -RELATED103
	17	+	MATTERS, AND, IN CONNECTION THEREWITH , MAKING AN
	18	+	104
	19	+	APPROPRIATION.105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	The bill includes outdoor nature-based preschool programs
	28	+	(outdoor programs) as a type of licensed child care center (center) in the
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	May 7, 2024
	32	+	HOUSE
	33	+	2nd Reading Unamended
	34	+	May 6, 2024
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	April 26, 2024
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	April 25, 2024
	41	+	SENATE SPONSORSHIP
	42	+	Marchman and Priola, Bridges, Buckner, Coleman, Cutter, Exum, Fields, Gonzales,
	43	+	Hinrichsen, Jaquez Lewis, Michaelson Jenet, Will, Winter F.
	44	+	HOUSE SPONSORSHIP
	45	+	Joseph and McLachlan, Amabile, Bird, Boesenecker, Brown, Catlin, Daugherty, Duran,
	46	+	English, Epps, Garcia, Hamrick, Hernandez, Herod, Jodeh, Lieder, Lindsay, Lindstedt,
	47	+	Lukens, Marshall, Marvin, Mauro, McCluskie, McCormick, Ortiz, Ricks, Rutinel, Sirota,
	48	+	Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford, Woodrow
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. department of early childhood (department) for licensing-related matters.
	52	+	No later than December 31, 2025, the executive director of the
	53	+	department shall promulgate rules for centers operating as outdoor
	54	+	programs. The rules must include, but are not limited to:
	55	+	! Land-use agreement requirements for outdoor programs
	56	+	operating on public or private land;
	57	+	! Policies for site-specific alternate shelter plans;
	58	+	! Policies for site-specific risk mitigation plans;
	59	+	! Policies for site-specific emergency and disaster
	60	+	preparedness plans;
	61	+	! Policies for site-specific evacuation plans; and
	62	+	! Policies and procedures for outdoor programs to opt out of
	63	+	certain department requirements through the site-specific
	64	+	risk mitigation plan.
	65	+	The bill requires the department to provide training to licensing
	66	+	staff who oversee outdoor program site inspections and to outdoor
	67	+	program operators and staff.
	68	+	The department shall collaborate with local fire departments on
	69	+	fire prevention and protection requirements for outdoor programs. The
	70	+	department shall collaborate with the department of public health and
	71	+	environment on sanitary standards for outdoor programs.
	72	+	Be it enacted by the General Assembly of the State of Colorado:1
	73	+	SECTION 1. Legislative declaration. (1) The general assembly2
	74	+	finds and declares that:3
	75	+	(a) It is a priority of the state of Colorado to provide all Colorado4
	76	+	children access to high-quality early education;5
	77	+	(b) Early childhood education can come in many forms;6
	78	+	(c) Coloradans recognize the benefits of nature in education and7
	79	+	education in nature;8
	80	+	(d) Learning in nature has existed for decades;9
	81	+	(e) Learning in nature offers children health benefits and helps10
	82	+	provide skills children need in school to succeed; and11
	83	+	(f) There are physical, cognitive, and social developmental12
	84	+	benefits that occur with nature-based learning compared to what children13
	85	+	078-2- experience and learn in traditional indoor educational environments.1
	86	+	(2) The general assembly finds, therefore, that:2
	87	+	(a) Outdoor nature-based preschool programs provide an3
	88	+	immersive approach, putting nature at the heart of the educational4
	89	+	program for children;5
	90	+	(b) Outdoor nature-based preschool programs seek to restore6
	91	+	children's interaction with nature; and7
	92	+	(c) Colorado has a rich and wondrous outdoor landscape that will8
	93	+	offer extensive opportunities for children to learn in nature.9
	94	+	SECTION 2. In Colorado Revised Statutes, 26.5-5-303, amend10
	95	+	(3); and add (18.5) as follows:11
	96	+	26.5-5-303. Definitions. As used in this part 3, unless the context12
	97	+	otherwise requires:13
	98	+	(3) (a) "Child care center" means a facility, by whatever name14
	99	+	known, that is maintained for the whole or part of a day for the care of15
	100	+	five or more children, unless otherwise specified in this subsection (3),16
	101	+	who are eighteen years of age or younger and who are not related to the17
	102	+	owner, operator, or manager thereof, whether the facility is operated with18
	103	+	or without compensation for such care and with or without stated19
	104	+	educational purposes. The term includes, but is not limited to, facilities20
	105	+	commonly known as child care centers, school-age child care centers,21
	106	+	before- and after-school programs, kindergartens, preschools,
	107	+	OUTDOOR22
	108	+	NATURE-BASED PRESCHOOL PROGRAMS , day camps, and summer camps,23
	109	+	and includes those facilities for children under six years of age with stated24
	110	+	educational purposes operated in conjunction with a public, private, or25
	111	+	parochial college or a private or parochial school; except that the term26
	112	+	does not apply to any kindergarten maintained in connection with a27
	113	+	078
	114	+	-3- public, private, or parochial elementary school system of at least six1
	115	+	grades.2
69	116		(b) N
70		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (3)(a) OF
71		-	THIS SECTION
72		-	, A CHILD CARE CENTER THAT OPERATES AS AN OUTDOOR
73		-	NATURE
74		-	-BASED PRESCHOOL PROGRAM SERVES CHILDREN WHO ARE AT LEAST
75		-	THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE
76		-	.
	117	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (3)(a) OF3
	118	+	THIS SECTION, A CHILD CARE CENTER THAT OPERATES AS AN OUTDOOR4
	119	+	NATURE-BASED PRESCHOOL PROGRAM SERVES CHILDREN WHO ARE AT5
	120	+	LEAST THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE .6
77	121		(18.5) "O
78		-	UTDOOR NATURE-BASED PRESCHOOL PROGRAM " OR
79		-	"OUTDOOR PROGRAM " MEANS A FULL-DAY OR PARTIAL-DAY OUTDOOR
80		-	NATURE
81		-	-BASED PRESCHOOL PROGRAM FOR CHILDREN WHO ARE AT LEAST
82		-	THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE THAT OPERATES AT
83		-	LEAST FIFTY PERCENT OF THE OUTDOOR PROGRAM
84		-	'S OPERATING HOURS
85		-	OUTDOORS IN A DEPARTMENT
86		-	-APPROVED OUTDOOR NATURAL SPACE .
87		-	SECTION 3. In Colorado Revised Statutes, add 26.5-5-331 as
88		-	follows:
89		-	26.5-5-331. Outdoor nature-based preschool programs - child
	122	+	UTDOOR NATURE-BASED PRESCHOOL PROGRAM " OR7
	123	+	"
	124	+	OUTDOOR PROGRAM " MEANS A FULL-DAY OR PARTIAL-DAY OUTDOOR8
	125	+	NATURE-BASED PRESCHOOL PROGRAM FOR CHILDREN WHO ARE AT LEAST9
	126	+	THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE THAT OPERATES AT10
	127	+	LEAST FIFTY PERCENT OF THE OUTDOOR PROGRAM 'S OPERATING HOURS11
	128	+	OUTDOORS IN A DEPARTMENT -APPROVED OUTDOOR NATURAL SPACE .12
	129	+	SECTION 3. In Colorado Revised Statutes, add 26.5-5-330 as13
	130	+	follows:14
	131	+	26.5-5-330. Outdoor nature-based preschool programs - child15
90	132		care centers - rules - definition. (1) N
91		-	O LATER THAN DECEMBER 31, 2025,
92		-	THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR CHILD CARE
93		-	CENTERS THAT OPERATE AS OUTDOOR NATURE
94		-	-BASED PRESCHOOL
95		-	PROGRAMS
96		-	. RULES PROMULGATED PURSUANT TO THIS SECTION MUST
97		-	INCLUDE
98		-	, BUT ARE NOT LIMITED TO:
	133	+	O LATER THAN DECEMBER 31,16
	134	+	2025,
	135	+	THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR CHILD17
	136	+	CARE CENTERS THAT OPERATE AS OUTDOOR NATURE -BASED PRESCHOOL18
	137	+	PROGRAMS. RULES PROMULGATED PURSUANT TO THIS SECTION MUST19
	138	+	INCLUDE, BUT ARE NOT LIMITED TO:20
99	139		(a) L
100		-	AND-USE AGREEMENT REQUIREMENTS FOR OUTDOOR PROGRAMS
101		-	OPERATING ON PUBLIC OR PRIVATE LAND
102		-	;
	140	+	AND-USE AGREEMENT REQUIREMENTS FOR OUTDOOR21
	141	+	PROGRAMS OPERATING ON PUBLIC OR PRIVATE LAND ;22
103	142		(b) P
104		-	OLICIES FOR SITE-SPECIFIC ALTERNATIVE SHELTER PLANS . AN
105		-	ALTERNATIVE SHELTER MAY INCLUDE
106		-	, BUT NEED NOT BE LIMITED TO, A
107		-	COVERED PAVILION
108		-	, BUILDING, TARP, OR VEHICLE. FOR EMERGENCY
109		-	CIRCUMSTANCES
110		-	, OUTDOOR PROGRAMS ARE NOT REQUIRED TO SEEK
111		-	ALTERNATIVE SHELTER IN LICENSED CHILD CARE CENTER BUILDINGS
112		-	.
113		-	PAGE 3-SENATE BILL 24-078 (c) POLICIES FOR SITE-SPECIFIC RISK MITIGATION PLANS;
	143	+	OLICIES FOR SITE-SPECIFIC ALTERNATIVE SHELTER PLANS. AN23
	144	+	ALTERNATIVE SHELTER MAY INCLUDE , BUT NEED NOT BE LIMITED TO, A24
	145	+	COVERED PAVILION, BUILDING, TARP, OR VEHICLE. FOR EMERGENCY25
	146	+	CIRCUMSTANCES, OUTDOOR PROGRAMS ARE NOT REQUIRED TO SEEK26
	147	+	ALTERNATIVE SHELTER IN LICENSED CHILD CARE CENTER BUILDINGS .27
	148	+	078
	149	+	-4- (c) POLICIES FOR SITE-SPECIFIC RISK MITIGATION PLANS;1
114	150		(d) P
115		-	OLICIES FOR SITE-SPECIFIC EMERGENCY AND DISASTER
116		-	PREPAREDNESS PLANS
117		-	;
	151	+	OLICIES FOR SITE-SPECIFIC EMERGENCY AND DISASTER2
	152	+	PREPAREDNESS PLANS;3
118	153		(e) P
119		-	OLICIES FOR SITE-SPECIFIC EVACUATION PLANS; AND
120		-	(f) POLICIES AND PROCEDURES FOR OUTDOOR PROGRAMS TO OPT OUT
121		-	OF CERTAIN DEPARTMENT REQUIREMENTS THROUGH THE SITE
122		-	-SPECIFIC RISK
123		-	MITIGATION PLAN DESCRIBED IN SUBSECTION
124		-	(1)(c) OF THIS SECTION. THE
125		-	POLICIES AND PROCEDURES MUST INCLUDE GUIDANCE ON THE
126		-	DEPARTMENTAL EVALUATION AND APPR OVAL OF THE SITE
127		-	-SPECIFIC RISK
128		-	MITIGATION PLAN BASED ON THE GEOGRAPHIC LOCATION OF THE OUTDOOR
129		-	PROGRAM
130		-	, THE AGES OF THE CHILDREN PARTICIPATING, AND THE ABILITY OF
131		-	THE OUTDOOR PROGRAM TO DEMONSTRATE ADEQUATE SAFETY MEASURES
132		-	TO PROTECT CHILDREN
133		-	.
	154	+	OLICIES FOR SITE-SPECIFIC EVACUATION PLANS; AND4
	155	+	(f) P
	156	+	OLICIES AND PROCEDURES FO R OUTDOOR PROGRAMS TO OPT5
	157	+	OUT OF CERTAIN DEPARTMENT REQUIREMENTS THROUGH THE6
	158	+	SITE-SPECIFIC RISK MITIGATION PLAN DESCRIBED IN SUBSECTION (1)(c) OF7
	159	+	THIS SECTION. THE POLICIES AND PROCEDURES MUST INCLUDE GUIDANCE8
	160	+	ON THE DEPARTMENTAL EVALUATION AND APPROVAL OF THE9
	161	+	SITE-SPECIFIC RISK MITIGATION PLAN BASED ON THE GEOGRAPHIC10
	162	+	LOCATION OF THE OUTDOOR PROGRAM , THE AGES OF THE CHILDREN11
	163	+	PARTICIPATING, AND THE ABILITY OF THE OUTDOOR PROGRAM TO12
	164	+	DEMONSTRATE ADEQUATE SAFETY MEASURES TO PROTECT CHILDREN .13
134	165		(2) (a) T
135		-	HE DEPARTMENT SHALL PROVIDE TRAINING TO LICENSING
136		-	STAFF WHO OVERSEE SITE INSPECTIONS FOR OUTDOOR PROGRAMS
137		-	. THE
138		-	TRAINING MUST INCLUDE INFORMATION ON HOW TO
139		-	:
	166	+	HE DEPARTMENT SHALL PROVIDE TRAINING TO LICENSING14
	167	+	STAFF WHO OVERSEE SITE INSPECTIONS FOR OUTDOOR PROGRAMS . THE15
	168	+	TRAINING MUST INCLUDE INFORMATION ON HOW TO :16
140	169		(I) I
141		-	NTERPRET SITE-SPECIFIC PLANS;
	170	+	NTERPRET SITE-SPECIFIC PLANS;17
142	171		(II) C
143		-	ONDUCT INSPECTIONS OF SITE-SPECIFIC OUTDOOR PROGRAMS ;
	172	+	ONDUCT INSPECTIONS OF SITE-SPECIFIC OUTDOOR PROGRAMS;18
144	173		(III) C
145		-	OMMUNICATE WITH LOCAL FIRE DEPARTMENTS THAT INSPECT
146		-	OUTDOOR PROGRAMS
147		-	; AND
148		-	(IV) COMMUNICATE WITH THE DEPARTMENT OF PUBLIC HEALTH AND
149		-	ENVIRONMENT STAFF WHO INSPECT OUTDOOR PROGRAMS
150		-	.
	174	+	OMMUNICATE WITH LOCAL FIRE DEPARTMENTS THAT19
	175	+	INSPECT OUTDOOR PROGRAMS ; AND20
	176	+	(IV) C
	177	+	OMMUNICATE WITH THE DEPARTMENT OF PUBLIC HEALTH21
	178	+	AND ENVIRONMENT STAFF WHO INSPECT OUTDOOR PROGRAMS .22
151	179		(b) B
152		-	EGINNING DECEMBER 1, 2026, THE DEPARTMENT SHALL
153		-	PROVIDE TRAINING TO OUTDOOR PROGRAM OPERATORS AND STAFF ON HOW
154		-	TO IMPLEMENT AND OPERATE OUT DOOR PROGRAMS IN
155		-	COLORADO. THE
156		-	DEPARTMENT SHALL COLLABORATE WITH EXISTING OUTDOOR PROGRAMS TO
157		-	CREATE AND IMPLEMENT THE TRAINING USING A BENEFIT
158		-	-RISK ASSESSMENT.
	180	+	EGINNING DECEMBER 1, 2026, THE
	181	+	DEPARTMENT SHALL23
	182	+	PROVIDE TRAINING TO OUTDOOR PROGRAM OPERATORS AND STAFF ON24
	183	+	HOW TO IMPLEMENT AND OPERATE OUT DOOR PROGRAMS IN COLORADO.25
	184	+	T
	185	+	HE DEPARTMENT SHALL COLLABORATE WITH EXISTING OUTDOOR26
	186	+	PROGRAMS TO CREATE AND IMPLEMENT THE TRAINING USING A27
	187	+	078
	188	+	-5- BENEFIT-RISK ASSESSMENT.1
159	189		(3) T
160		-	HE DEPARTMENT SHALL COLLABORATE WITH :
	190	+	HE DEPARTMENT SHALL COLLABORATE WITH :2
161	191		(a) L
162		-	OCAL FIRE DEPARTMENTS ON FIRE PREVENTION ~~AND~~
163		-	~~PAGE 4-SENATE BILL 24-078~~ PROTECTION REQUIREMENTS FOR OUTDOOR PROGRAMS ; ~~AND~~
164		-	(b) ~~THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ON~~
165		-	~~SANITARY STANDARDS FOR OUTDOOR PROGRAMS~~
166		-	.
	192	+	OCAL FIRE DEPARTMENTS ON FIRE PREVENTION AND3
	193	+	PROTECTION REQUIREMENTS FOR OUTDOOR PROGRAMS ; AND4
	194	+	(b) T
	195	+	HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ON5
	196	+	SANITARY STANDARDS FOR OUTDOOR PROGRAMS .6
167	197		(4) F
168	198		OR THE 2024-25 FISCAL YEAR, AND EACH FISCAL YEAR
169		-	THEREAFTER THROUGH THE
170		-	2026-27 FISCAL YEAR, THE GENERAL ASSEMBLY
171		-	SHALL APPROPRIATE THIRTY THOUSAND DOLLARS FROM THE CHILD CARE
172		-	LICENSING CASH FUND CREATED IN SECTION
173		-	26.5-5-311 (4) TO THE
174		-	DEPARTMENT TO IMPLEMENT THE OUTDOOR PROGRAMS
175		-	.
176		-	(5) A
177		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
178		-	REQUIRES
179		-	, "BENEFIT-RISK ASSESSMENT" MEANS A PROCESS TO IDENTIFY
180		-	HAZARDS AND RISKS FOR PLAY ELEMENTS IN OUTDOOR NATURE
181		-	-BASED
182		-	PRESCHOOL PROGRAMS AND THE CREATION OF A PLAN TO MITIGATE A
183		-	CHILD
184		-	'S RISK OF INJURY WHILE MAINTAINING DEVELOPMENTAL BENEFITS FOR
185		-	CHILDREN
186		-	.
187		-	SECTION 4. In Colorado Revised Statutes, 25-1.5-101, amend
188		-	(1)(h) as follows:
189		-	25-1.5-101. Powers and duties of department - laboratory cash
190		-	fund - office of suicide prevention - suicide prevention coordination
191		-	cash fund - report - dispensation of payments under contracts with
192		-	grantees - definitions. (1) The department has, in addition to all other
193		-	powers and duties imposed upon it by law, the powers and duties provided
194		-	in this section as follows:
195		-	(h) To establish and enforce sanitary standards for the operation and
196		-	maintenance of orphanages, day care nurseries, foster homes, family care
197		-	homes, summer camps for children, lodging houses,
198		-	OUTDOOR
199		-	NATURE
200		-	-BASED PRESCHOOL PROGRAMS , guest child care facilities and public
201		-	services short-term child care facilities as defined in section 26.5-5-303,
202		-	hotels, public conveyances and stations, schools, factories, workshops,
203		-	industrial and labor camps, recreational resorts and camps, swimming pools,
204		-	public baths, mobile home parks, and other buildings, centers, and places
205		-	used for public gatherings;
206		-	SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
207		-	$179,569 is appropriated to the department of early childhood for use by the
208		-	PAGE 5-SENATE BILL 24-078 licensing and administration division. This appropriation consists of
209		-	$149,569 from the general fund and $30,000 from the child care licensing
210		-	cash fund created in section 26.5-5-311 (4), C.R.S. To implement this act,
211		-	the division may use this appropriation as follows:
212		-	(a) $145,451, which consists of $121,151 general fund and $24,300
213		-	from the child care licensing cash fund, for personal services, which amount
214		-	is based on an assumption that the division will require an additional 1.8
215		-	FTE; and
216		-	(b) $34,118, which consists of $28,418 from the general fund and
217		-	$5,700 from the child care licensing cash fund, for operating expenses.
218		-	(2) For the 2024-25 state fiscal year, $35,341 is appropriated to the
219		-	department of public health and environment for use by the division of
220		-	environnmental health and sustainability. This appropriation is from the
221		-	general fund and is based on an assumption that the division will require an
222		-	additional 0.4 FTE. To implement this act, the division may use this
223		-	appropriation for environmental health programs.
224		-	SECTION 6. Act subject to petition - effective date. This act
225		-	takes effect at 12:01 a.m. on the day following the expiration of the
226		-	ninety-day period after final adjournment of the general assembly; except
227		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
228		-	of the state constitution against this act or an item, section, or part of this act
229		-	within such period, then the act, item, section, or part will not take effect
230		-	unless approved by the people at the general election to be held in
231		-	PAGE 6-SENATE BILL 24-078 November 2024 and, in such case, will take effect on the date of the official
232		-	declaration of the vote thereon by the governor.
233		-	____________________________ ____________________________
234		-	Steve Fenberg
235		-	Julie McCluskie
236		-	PRESIDENT OF SPEAKER OF THE HOUSE
237		-	THE SENATE OF REPRESENTATIVES
238		-	____________________________ ____________________________
239		-	Cindi L. Markwell Robin Jones
240		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
241		-	THE SENATE OF REPRESENTATIVES
242		-	APPROVED________________________________________
243		-	(Date and Time)
244		-	_________________________________________
245		-	Jared S. Polis
246		-	GOVERNOR OF THE STATE OF COLORADO
247		-	PAGE 7-SENATE BILL 24-078
	199	+	7
	200	+	THEREAFTER THROUGH THE 2026-27 FISCAL YEAR, THE GENERAL8
	201	+	ASSEMBLY SHALL APPROPRIATE THIRTY THOUSAND DOLLARS FROM THE9
	202	+	CHILD CARE LICENSING CASH FUND CREATED IN SECTION 26.5-5-311 (4) TO10
	203	+	THE DEPARTMENT TO IMPLEMENT THE OUTDOOR PROGRAM .11
	204	+	(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE12
	205	+	REQUIRES, "BENEFIT-RISK ASSESSMENT" MEANS A PROCESS TO IDENTIFY13
	206	+	HAZARDS AND RISKS FOR PLAY ELEMENTS IN OUTDOOR NATURE -BASED14
	207	+	PRESCHOOL PROGRAMS AND THE CREATION OF A PLAN TO MITIGATE A15
	208	+	CHILD'S RISK OF INJURY WHILE MAINTAINING DEVELOPMENTAL BENEFITS16
	209	+	FOR CHILDREN.17
	210	+	SECTION 4. In Colorado Revised Statutes, 25-1.5-101, amend18
	211	+	(1)(h) as follows:19
	212	+	25-1.5-101. Powers and duties of department - laboratory cash20
	213	+	fund - office of suicide prevention - suicide prevention coordination21
	214	+	cash fund - report - dispensation of payments under contracts with22
	215	+	grantees - definitions. (1) The department has, in addition to all other23
	216	+	powers and duties imposed upon it by law, the powers and duties24
	217	+	provided in this section as follows:25
	218	+	(h) To establish and enforce sanitary standards for the operation26
	219	+	and maintenance of orphanages, day care nurseries, foster homes, family27
	220	+	078
	221	+	-6- care homes, summer camps for children, lodging houses, OUTDOOR1
	222	+	NATURE-BASED PRESCHOOL PROGRAMS , guest child care facilities and2
	223	+	public services short-term child care facilities as defined in section3
	224	+	26.5-5-303, hotels, public conveyances and stations, schools, factories,4
	225	+	workshops, industrial and labor camps, recreational resorts and camps,5
	226	+	swimming pools, public baths, mobile home parks, and other buildings,6
	227	+	centers, and places used for public gatherings;7
	228	+	SECTION 5. Appropriation. (1) For the 2024-25 state fiscal8
	229	+	year, $179,569 is appropriated to the department of early childhood for9
	230	+	use by the licensing and administration division. This appropriation10
	231	+	consists of $149,569 from the general fund and $30,000 from the child11
	232	+	care licensing cash fund created in section 26.5-5-311 (4), C.R.S. To12
	233	+	implement this act, the division may use this appropriation as follows:13
	234	+	(a) $145,451, which consists of $121,151 general fund and14
	235	+	$24,300 from the child care licensing cash fund, for personal services,15
	236	+	which amount is based on an assumption that the division will require an16
	237	+	additional 1.8 FTE; and17
	238	+	(b) $34,118, which consists of $28,418 from the general fund and18
	239	+	$5,700 from the child care licensing cash fund, for operating expenses.19
	240	+	(2) For the 2024-25 state fiscal year, $35,341 is appropriated to20
	241	+	the department of public health and environment for use by the division21
	242	+	of environnmental health and sustainability. This appropriation is from22
	243	+	the general fund and is based on an assumption that the division will23
	244	+	require an additional 0.4 FTE. To implement this act, the division may24
	245	+	use this appropriation for environmental health programs.25
	246	+	SECTION 6. Act subject to petition - effective date. This act26
	247	+	takes effect at 12:01 a.m. on the day following the expiration of the27
	248	+	078
	249	+	-7- ninety-day period after final adjournment of the general assembly; except1
	250	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
	251	+	of the state constitution against this act or an item, section, or part of this3
	252	+	act within such period, then the act, item, section, or part will not take4
	253	+	effect unless approved by the people at the general election to be held in5
	254	+	November 2024 and, in such case, will take effect on the date of the6
	255	+	official declaration of the vote thereon by the governor.7
	256	+	078
	257	+	-8-